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2010 12-06 700 City Council Special Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL SPECIAL CITY COUNCIL MEETING 7:00 P.M. December 6, 2010 Council Chambers, City Hall A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. PUBLIC HEARING 1. Public Hearing on 2011 Tax Levy and Budget a. Resolution Certifying Taxes Payable in 2011 b. Resolution Adopting a Budget for 2011 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. Resolution to Approve the Insurance Labor- Management Committee's Recommendations for Employee Insurance Benefits for 2011 a. MEDICA — Health Insurance b. HealthPartners — Dental Insurance c. Assurant — Long -Term & Short -Term Disability d. Minnesota Life — Life Insurance e. Avesis — Vision Plan f. CNA — Long -Term Care Insurance 2. Consider Approval of 2011 -2012 Collective Bargaining Agreements: a. Minnesota AFSCME Council No. 5 — Local 2725 - Clerical /Technical & Maintenance Units b. International Association of Firefighters — Firefighters Local 4470 — Fire Officers c. International Association of Firefighters — Firefighters Local 4470 — Firefighters d. Law Enforcement Labor Services, Inc. (Local 153) — Police Officers e. Law Enforcement Labor Services, Inc. (Local 173) — Police Sergeants f. Maplewood Confidential & Supervisory Association g. Maplewood Supervisory Association 3. Approval of Resolution for the 2011 Taste of Maplewood H. ADJOURNMENT THIS PAGE IS INTENTIONALLY LEFT BLAND AGENDA -E1 AGENDA REPORT TO: City Manager FROM: Finance Manager DATE: November 24, 2010 RE: Public Hearing on 2011 Tax Levy and Budget a. Resolution Certifying Taxes Payable in 2011 b. Resolution Adopting a Budget for 2011 INTRODUCTION Staff is asking City Council approval of two related matters concerning the levy certification of the final taxes payable in 2011 as well as adoption of the proposed 2011 Budget for the City of Maplewood. A public hearing on the proposed taxes and budget for 2011 has been scheduled for December 6 at 7:00 p.m. State law requires that the final property tax levy and budget be adopted at this hearing. The tax levy needs to be adopted before the budget is adopted. BACKGROUND On September 13, 2010, staff recommended preliminary certification of a tax levy totaling $17,503,548, this amount representing a 5% increase over the final levy payable in 2010 ($16,670,046). Council approved the preliminary levy request. Staff has, since that time, monitored 2010 actuals and reviewed 2011 estimates looking for additional savings and ways to reduce the budget to enable a reduction of the levy. Staff made a presentation to Council at the November 1, 2010 workshop reviewing where we were, the contingency currently built into the budget and the impact of different levels of the city levy increase to Maplewood homeowners. Information from that meeting is as follows: The Council established a contingency budget of $122,000 in anticipation of unknown expenses, including wage and health cost adjustments. Further analysis and negotiations have solidified our estimates of these costs going into 2011, and no specific expenditures have been designated for that contingency. The City Manager does not recommend reducing the contingency at this time due to the continued uncertainty with some of the revenue estimates in a number of areas and how quickly unanticipated items can arise. For each 0.5% decrease in the levy, approximately $80,000 of additional revenues or cuts to expenditures would need to be made. The Council may consider reducing the contingency and thus the final levy amount; however, a reduction beyond $80,000 would likely cause a need for reductions in planned expenditures. Packet Page Number 3 of 177 The annual impact of different levels of the city levy increase to Maplewood homes is as follows: (This information has been updated since the 11 -01 -10 meeting) Set levy at $17,503,548 (a 5.0% increase over 2010): P r o perty 2010 Value of $150,000 2010 $ 489 2011 $ 511 $ Increase $22 % Increase 4.4% $175,000 $ 589 $ 614 $25 4.3% $205,400 $ 711 $ 740 $29 4.1% $275,000 $ 989 $1,028 $39 4.0% $350,000 $1,288 $1,339 $51 3.9% Set levy at $17,420,198 (a 4.5% increase over 2010): P r op erty 2010 Value of $150,000 2010 $ 489 2011 $ 508 $ Increase $19 % Increase 3.7% $175,000 $ 589 $ 611 $22 3.7% $205,400 $ 711 $ 736 $25 3.5% $275,000 $ 989 $1,023 $34 3.5% $350,000 $1,288 $1,331 $43 3.4% Set levy at $17,336,848 (a 4.0% increase over 2010): P r o perty 2010 Value of $150,000 2010 $ 489 2011 $ 504 $ Increase $15 % Increase 3.1% $175,000 $ 589 $ 607 S18 3.1% $205,400 $ 711 $ 731 $20 19% $275,000 $ 989 S 1,017 S28 2.9% $350,000 $1,288 $1,324 $36 2.8% The State Auditor recommends that cities maintain unreserved fund balances in their general fund of approximately 35 to 50 percent of fund operating revenues or no less than five months of operating expenditures. The 2011 budget projects a fund balance of 36.1 % of fund operating revenues and 4.4 months of operating expenditures with the $122,000 contingency. The 5% levy increase puts us at the bottom of the range recommended by the State Auditor. The fund balance in the General Fund was 36.1% of revenues in October 1989 when the city's bond rating was increased to Aa. An adequate fund balance is needed to maintain our bond rating and provide a sufficient balance for our cash flow needs. Information from Ramsey County shows that other city proposed tax levy increases are as follows: New Brighton 0.0% Mounds View 3.0% St. Paul 0.0% Gem Lake 4.4% North St. Paul 1.4% North Oaks 4.9% Falcon Heights 1.5% Shoreview 5.0% Lauderdale 1.6% Roseville 5.3% White Bear Lake 2.1% Vadnais Heights 5.9% Arden Hills 2.4% Little Canada 6.0% Packet Page Number 4 of 177 RECOMMENDATION Staff recommends approval of the following two resolutions: a. Resolution Certifying Taxes Payable in 2011 b. Resolution Adopting a Budget for 2011 Attachments: a. Resolution Certifying Taxes Payable in 2011 b. Breakdown by Debt Service Fund c. Resolution Adopting a Budget for 2011 d. Sample 2011 property tax statements e. 2011 Proposed Budget (under separate cover) Packet Page Number 5 of 177 Attachment 1 RESOLUTION CERTIFYING TAXES PAYABLE IN 2011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 2010, payable in 2011, upon the net tax capacity in said City of Maplewood, for the following purposes: General Fund $12,980,445 Community Center 340,000 Recreation Programs 225,000 Debt Service 3,240,403 TOTAL LEVY $16,785,848 2. In addition, there is a $717,700 market value based referendum levy for 2010 payable in 2011 to finance the debt service on the 2002 Open Space Refunding Bonds and the 2004 Fire Safety Refunding Bonds. This results in a total certified levy of $17,503,548. 3. The net tax capacity based levy of $3,240,403 for Debt Service and the market value based referendum levy of $717,700 total $3,958,103. This is a net decrease of $2,236,379.31 in the scheduled levy of $6,194,482.31. The breakdown by Debt Service Fund is attached. Packet Page Number 6 of 177 City of MAPLEWOOD BOND ISSUES Debt Service Fund breakdown ORIGINAL DATE PAYABLE 2011 PRINCIPAL ISSUED DEBT LEVY Attachment 2 ADDITIONS OR CERTIFIED REDUCTIONS BY DEBT RESOLUTION LEVY GO IMP REFUNDING 19988 1,275,000 1- Sep -98 94,585.00 - 53,155.00 41,430.00 GO IMP 1999A 940,000 1- Oct -99 59,532.00 - 59,532.00 0.00 GO FIRE SAFETY 2000A 3,540,000 1- Jun -00 315,951.00 - 315,951.00 0.00 GO IMP 2002A 4,815,000 1- Aug -02 253,247.00 - 253,247.00 0.00 GO IMP REFUNDING 20028 3,345,000 1- Nov -02 0.00 586,450.00 586,450.00 GO O SPACE REFUND 2002D 3,425,000 1- Nov -02 405,300.00 - 2,310.00 402,990.00 GO REF 2004A 2,940,000 1- Apr -04 328,449.06 2,280.94 330,730.00 GO IMP 2004B 13,010,000 1- Aug -04 298,594.77 - 298,594.77 0.00 GO TAX ABMT 2004C 5,025,000 1- Aug -04 167,206.00 1,185,000.00 1,352,206.00 GO IMP 2004D 700,000 1- Aug -04 55,309.00 691.00 56,000.00 GO IMP 2005A 2,115,000 1- Aug -05 55,245.00 - 55,245.00 0.00 GO IMP 2006A 6,085,000 1- Apr -06 368,602.03 - 169,802.03 198,800.00 GO EQUIP CERT 20066 290,000 1- Apr -06 0.00 0.00 0.00 GO IMP 2007A 10,060,000 1- Jul -07 713,863.15 - 616,913.15 96,950.00 GO IMP 20078 5,090,000 15- Oct -07 378,854.61 - 228,854.61 150,000.00 GO IMP 2008A 9,970,000 1- Jul -08 670,948.41 - 670,948.41 0.00 GO IMP REFUNDING 20088 1,070,000 1- Jul -08 121,523.50 - 121,523.50 0.00 GO IMP REFUNDING 2009A 4,680,000 1- Apr -09 431,226.34 - 322,326.34 108,900.00 GO IMP REFUNDING 2009B 2,690,000 1- Dec -09 362,292.03 - 201,545.03 160,747.00 GO 2010A 11,790,000 10- May -10 311,343.41 161,556.59 472,900.00 GO TIF Refunding 20108 4,050,000 8- Jul -10 802,410.00 - 802,410.00 0.00 $6,194,482.31 - $2,236,379.31 $3,958,103.00 I hereby certify that the above schedule of bond levies to be spread on the payable 2011 tax rolls agrees with the City records and is true and correct. Copies of any resolutions which increase or reduce these levies are attached. • -• Date: Packet Page Number 7 of 177 1,IMA�3 RESOLUTION ADOPTING A BUDGET FOR 2011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2011 is hereby adopted as outlined in the following summary: Revenues Net other increases (decreases) Expenditures Net change in fund balance OPERATING BUDGET $32,657,690 (2,440,690) (32,417,020) ($2,200,020) CAPITAL IMPROVEMENTS BUDGET $1,678,650 ($52,500) DEBT SERVICE BUDGET $6,306,710 $0 (13,729,300) ($49,434,410) ($6,538,840) ($8,791,360) BE IT FURTHER RESOLVED that the department appropriations totaling $32,417,020 as listed in the budget booklet are hereby approved for the 2011 Operating Budget. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2011 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS $45,180 FIRE TRAINING FACILITY 570,000 FIRE TRUCK REPLACEMENT FUND 451,730 LEGACY VILLAGE TAX ABATEMENT DISTRICT 2,500 OPEN SPACE 750,800 PARK DEVELOPMENT 1,051,000 SEWER LIFT STATION #8 217,500 TAX INCREMENT ECONOMIC DEV DISTRICT #1 -5 39,710 TAX INCREMENT HOUSING DISTRICT #1 -1 500 TAX INCREMENT HOUSING DISTRICT #1 -2 500 TAX INCREMENT HOUSING DISTRICT #1 -3 500 TAX INCREMENT HOUSING DISTRICT #1 -4 600 TAX INCREMENT HOUSING DISTRICT #1 -5 600 TAX INCREMENT HOUSING DISTRICT #1 -6 72,440 TAX INCREMENT HOUSING DISTRICT #1 -7 22,210 TAX INCREMENT HOUSING DISTRICT #1 -8 59,010 WATER AVAILABILITY CHARGE — N. ST. PAUL 1,550 WATER AVAILABILITY CHARGE — ST. PAUL 1,760 TOTAL CAPITAL IMPROVEMENTS $3,288,090 BUDGET APPROPRIATIONS Packet Page Number 8 of 177 BE IT FURTHER RESOLVED that the Finance Manager shall establish a budget for each public improvement project when the Council orders the project and that the budget amounts shall be recorded at amounts specified in the feasibility study for the project. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2011 Debt Service Budget: $10,955,000 Principal 2,727,990 Interest 7,740 Paying Agent Fees 4,740 Fees for Service 30,560 Interest — Interfund Loans 3,270 $13,729,300 Investment Management Fees TOTAL DEBT SERVICE BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for financial reporting and management control. BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts, within a fund, shall only require the approval of the Manager or his designee. However, City Council approval is required for transfers from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or canceled by the City Council. BE IT FURTHER RESOLVED that $122,000 of the fund balance in the General Fund is designated for contingencies. Packet Page Number 9 of 177 Proposed 2011 01,28.2214,0060 Ramsey County 2011 Proposed Property Tax Property Records and Revenue This is NOT a bill — Do Not Pay 90 WesI oalo Blyd • Saint Pau!, VN • Phone: 6511.266 2M - Web Iarmsco.raTscy.mn uslprr - Email: AskPtope1yTaxandRewrds@co ramseirrm.us PINIProp" AddressiAbbreviated Tax Description 01.2822.14.0060 5125 92 FARRELL ST MARVIN H. ANDERSON'S 1ST ADDIT LOT 29 BUK 2 Ckl F or IMS payable In ZD10 Property Classification Res Hstd Taxable Market Value $2D5,400 For taxes payable in 20111 Res Hstd $179,700 '/c:,f Taxable MwoiVaue for wrrty D pajab 201 a," senitovou n JiI sprnq 0201, T) [c ce I.c oscass passibe changesbas passed arc claNas can 1110 be Ce to your Xcpzry valualol k �5 C)N loe � 'ee tor ^'a re cr Inlo rrnat cr cnl�' Total lax excluding special assessments 2.6112.011 Percent of Tax Change 9 Your local units of govemment have proposed the amount of forciperly taxes Mat they w : need for 2C'I. Coljmn (1) above shows your actua+ 2010 property taxes. Column 12) abovo shows what your 2011 prop" taxes will be if your local jurisdictions approve the property tax amounts they are now considering. Any upcom ng referendums. legal ludginrints, natural disasters. voter approved ievy lim,t increases, or special assessments coulo cha [hQ*'- UIT161,'ItS Your county conimissioners, school hoard. city counci , and metropolitan special taxing districts will soon be holding public meetings to discuss Ineir propu ;ed 2011 o(jagets and proposed 20' 1 property Taxes. The school board will 6 scuss the 201 bu(Jijet. You are invited to attend these meetings to express your opinion. The meeting places and times are listed above. Also shown are the addresses and telephone numbers for those local units of government it You have uctnments or quest,ons concerning the proposed property lax amounts shown on this notice. No meeting is fequ.red if your uity has a population of less than 5CO people. There is also no punt c hearing on the state general tax. This is NOT a bill — Do Not Pay For additional information about this notice, visit: www.coxamsey.mmus/pirr Please see the back of this notice for more information on available Attachment 4 appeals and programs that may reduce your property tax. g Column (1) Column (2) Mailing Address and Phone Numbers 201 Tax - Actual 201 Tax - Proposed Tax and Budget Meetings and Locations Nrvaey COvf)ly 877 .42 825,05 Roseville A High School Cateiena Regional Rail Authority 7022 64,12 1240 Co Rd 132 West, Roseville, MIN Public Safety Radio System 6,77 6.12 November 29, 2010 - 6 30 pm. County Library 6926 63.22 Run*vy County Man'lgof Offoe 15 Vl KeliQgg OW, Suite 250 St Paul, MIN 55102 (651) 266 - 20W MAPLLWOOD 710.50 612,79 MAPLEWOOD CITY COUNCIL CHAMBERS 1830 FAST COUNTY ROAD B CITY Of` MAPLEWOOD MAPLEWOOD, M 55 109 1830 COUNTY ROAD 6 E DECEMBER 6.2010 7:001`10 MAPLEWOOD MN 55109-2797 (651) 249-2902 Stale Genera Tax 0.00 0.00 No hieeling Required ISO 4622 DISTRICT EDUCATION CENTER ISD 622, BUSINESS OFFICE 2520 EAST 127 AVE 2520 E 12TH AVE; NORTH ST. PAUL, MN 55199 NORTH ST PAUL MN 55109 DECEMBER IA, 2010 Too PM (651) 740-7511 a. Voter approvd;evios 353.51 322,90 b, Other local lev 42722 399.90 Nisw SK-cial Taxing Dis(r,c:s 5203 46.47 Council ChanvDers Metropolitan Council 190 Robed St N 310 Robert St. N SI Paul, MN St Paul. MN 55101 '651 602•1446 I)Lcofnbc- B. 2010 - 6:36 PM Other special taxipg dis! 45.07 51.43 No Meeting Required Ta irr(enient OU]KI 0.00 No Meeting Required Fiscal s aru 0.00 000 No Meeting, Required Total lax excluding special assessments 2.6112.011 Percent of Tax Change 9 Your local units of govemment have proposed the amount of forciperly taxes Mat they w : need for 2C'I. Coljmn (1) above shows your actua+ 2010 property taxes. Column 12) abovo shows what your 2011 prop" taxes will be if your local jurisdictions approve the property tax amounts they are now considering. Any upcom ng referendums. legal ludginrints, natural disasters. voter approved ievy lim,t increases, or special assessments coulo cha [hQ*'- UIT161,'ItS Your county conimissioners, school hoard. city counci , and metropolitan special taxing districts will soon be holding public meetings to discuss Ineir propu ;ed 2011 o(jagets and proposed 20' 1 property Taxes. The school board will 6 scuss the 201 bu(Jijet. You are invited to attend these meetings to express your opinion. The meeting places and times are listed above. Also shown are the addresses and telephone numbers for those local units of government it You have uctnments or quest,ons concerning the proposed property lax amounts shown on this notice. No meeting is fequ.red if your uity has a population of less than 5CO people. There is also no punt c hearing on the state general tax. This is NOT a bill — Do Not Pay For additional information about this notice, visit: www.coxamsey.mmus/pirr Please see the back of this notice for more information on available Attachment 4 appeals and programs that may reduce your property tax. g Proposed 2011 01.29-22 12.0027 Ramsey County 2011 Proposed Property Tax .7 This is NOT a bill — Do Not Pay Property Records and Reventie 90 W" Plate Blvd • Sahl Pad, UN • Phoul 2M Web: wwwcoraTseyrnr usj'pr • Email: A$kPfq)eityTaxonaRewrds@co. PINIProporty AddressJAbbreviated Tax Description 01.29 22.12,0027 5729 3004 LAKE ST N THOM AND LRICKSON'S.ADDITION LOT 8 BLK 2 Foy laxes payable in 2010 Property Classification Res Hstd T.. kL, AA.A.1 V.1 $205,400 For taxes payable in 2011 Ros Hsto YOUr T auaale VJLC f0(PTa[ir1`j IdX RyON9 1 ED discuss possible changes eas I;a5sed ?fyj yjw�qes 18,3 It is incluced here Ig yout r1oriv on crly Total Tax excluding special assessments 2.587.73 2,574X0 Percent of Tax Change .0.5% Your local u nits of government have proposes the a of property f axes that they will need Fri r 2011 Collumn (i) above snows you actual 2010 property taxes. Column (2) above shows what your 2011 property taxes will be if your local jurisdictions approve the property tax amounts they are now considering. Any upcoming refere9durns. legal judgnents, natural disasters, voter approved levy limit increases. or special assessments could change these amounts. Your courty commiss school board, city council and metropolitan special taxing districts will soon be hold tg public meetings to discuss their proposed 2011 budguis atid proposer) 2011 property taxes. The school board will discuss the 2010 budget. You are invited to attend these meetings to express your opinion. The meeting places and times are listed above. Also shown are the addresses and telephone numbers for these coal units of government it you have comments or rii-estiots, concerning the proposed properly tax amounts show on this notice. No meetings required if your Crly has a population of less than 500 people, There s; also no public hearing on the state general tax. This is NOT a bill - To Not Pay For additional information about this notice, visit: www.co.ramsey.mn.us/prr Attachment 4 Please see the back of this notice for more information on available appeals and programs that may reduce your property tax. -- Column (1) Column (2) Melling Address and Phone Numbers 201 Tax - Aclual 2011 Tax - Proposed Tax and Budget Meetings and Locations Ra Couity 876.27 8 ' 6 " 0 RoseW 0 Area i iiqh School Cafe*,era Reg oila Rai' Aulnodty 70,16 68,15 1240 Co Rd B2 West. Rosevfflo, li/N Pubilio Sa Radio 6yste'n 071 650 Nave nry 29, 2010 - 8.30 p. County Library 6921 67A8 Fia,Tsay CDur, Managers 0 oe 15 W Kyll`ogq Blvd Suite 250 St Pail, VN 55102 6511 ?.bb -2c00 MAPLEWOOD 70998 714.73 MAPLEWOOD CITY COUNCIL CHAMBERS 1830 EAST COUNTY ROAD B CITY OF MAPLE WOOD MAPLEWOOD, MN 55109 1830 COUNTY ROAD B E DECEMBER 6, 2010 7:00 PM MAPLEWOOD MN 55109-2797 (651) 249.2902 Sla!,e Gono(al Tax 0.00 0 No Melytinq Re vired ISD 9622 DISTRICT EDUCATION CENTSR fSO 622. BUSINESS OFFICE 2520 EAST 12TH AVE 2520 E 12TH AVE NORTH ST, PAUL, k4N 55109 NORTH ST PAUL MN 55109 DECEMBER 14, 2010 7:00 PM (651) 748 -75`.1 a Voter Approver ev 353.43 341.29 ) Other lwa! levies 426.91 424.70 Melropoldary Spar ai Taxyrq D stids 51.96 49.40 COL1161 Cnarrbe %1*0 Goulcul 380 Robot S N 330 Robert St N S! Pail MN S'R3j, VN 55 J(351) 602-1446 Decery•ber 8, 201D - 6 0, Phi Other spockif taxing districts 23,04 26.35 No Meeting Required Tax incremema G-Do 000 No W-ceurig Required Fiscal disparty 0L00 000 No Meetiq Rquivol Total Tax excluding special assessments 2.587.73 2,574X0 Percent of Tax Change .0.5% Your local u nits of government have proposes the a of property f axes that they will need Fri r 2011 Collumn (i) above snows you actual 2010 property taxes. Column (2) above shows what your 2011 property taxes will be if your local jurisdictions approve the property tax amounts they are now considering. Any upcoming refere9durns. legal judgnents, natural disasters, voter approved levy limit increases. or special assessments could change these amounts. Your courty commiss school board, city council and metropolitan special taxing districts will soon be hold tg public meetings to discuss their proposed 2011 budguis atid proposer) 2011 property taxes. The school board will discuss the 2010 budget. You are invited to attend these meetings to express your opinion. The meeting places and times are listed above. Also shown are the addresses and telephone numbers for these coal units of government it you have comments or rii-estiots, concerning the proposed properly tax amounts show on this notice. No meetings required if your Crly has a population of less than 500 people, There s; also no public hearing on the state general tax. This is NOT a bill - To Not Pay For additional information about this notice, visit: www.co.ramsey.mn.us/prr Attachment 4 Please see the back of this notice for more information on available appeals and programs that may reduce your property tax. -- Proposed 2011 08.2922.34.0068 1k Ramsey County 2011 Proposed Property Tax Properly Records and Revenue This is NOT a bill — Do Not Pay qo West Plato Blvc • Salrl* oaul' M114 Phone: 651.266 2000 * Web; wAvl , .co.lartvsey.mn us,'prr - Email: AskloroperiyTaxancRacordisacie farriseyren.js PINIProp" AddriesislAbloreviated Tax Description 08.2912.34,006l8 5736 2246 DESOTO ST N SUNRISr HEIGHTS LOT 25 BLK 4 For taxes payeto Is in 2010 Property Classification Res Hsid Taxable Market Value 5205,400 For taxes payable In 2011 Res Ell Il'192,600 Your 'aiijuk kiii'lle tililue 'cl lax payAk, it Tyre period to d.SCLSS pombL OaNeli VS PaSSes aqd changes can no lorgief tie made loloLr piroperly va cation, It 5 f1di.ded belt [or your Alonation oily. Total Tax excluding special assessments 2,478-OD 2,SO4.00 Percent of Tax Change 110% a Your local units of government have proposer: the aricunt of property taxes that they will read for 2011. Column ( 1 ) above si-1 yo-it actia 2010 properly taxes. Column (2) above shows what your 2011 property taxes will be If your local jurisdictions approve the property tax amounts they are now considering. Any upcoming referendums, legal judgments. natural disasters, voter upprovon levy limit increases. or special assessments cold change these arnDunts Your county commissioners, school boaro, city council, and metropolitan spec al taxing l will soon be holding pubic meetings '.o discuss Choir proposed 2011 budgets and proposec! 2011 property taxes. The school board will discuss P)e 2010 budget. You are invited to attend these meetings to express your opinion. The meeting places and times are listed above. Also shown are the addresses and telephone numbers for these local units of government if you have comments or questions concerning the proposed property tax arnounts, shown crl this h0lioe NO meeting is required if your c ty has A population of less liner 500 people- There is also no public hearing on the stale general lax This is NOT a bill -Cho Not Pay For additional Information about this notice, visit: www.co.ramsey.mn.us1prr Please see the back of this notice for more information on available Attachment 4 appeals and programs that may reduce your property tax. &j Column (i) Column (2) Mailing Address and Phone Numbers 201O Tax -Arlual 2011 Tax - Proposed Tax and Budget Minitfirillis and Locations Ranistly Co my 86B,73 806 60 Rrsgvi'le Area High S a lqeg;o4 Rail Au"loily 69.55 68-69 1240 Co Rb B2 West, Roseville, YIN Publi Safely Rado8ysIP. 0,71 6.57 Novermeir 29 2010 - 6:30 p m. County Library 68.61 0792 Rwnself :roomy Managers 3 15 W Kellogg Blytt, Sate 25' St Pad, MN 55'02 (6511266 - 2000 MAPt.EWOOD 704.19 72218 MAPLEWOOD CITY COUNCIL CHAMBERS 1930 EAST COUNTY ROAD 6 CITY UP MAPLEWOOD MAPLEWCOD, MN 55109 1830 COUNTY ROAD B E DECEMBER 6, 2010 7:00 PM MAPLEWOOD MN 55109-2797 (651) 249-2902 Stale General Tax 0.00 0.00 No Meeting ReqvireJ ISD #623 DISTRICT SERVICE CENTER ISD 623 1251 COUNTY ROAD B2 W 1251 COUNTY ROAD B2 W ROSEVILLE, MN 55113 ROSEVILLE, MIN 55113-3299 NOVEMBER 30, 201D 600 PM (661)635.1000 a Voter approves levies 485,71 44112 b Other local levies 176,34 204A3 Melropwal $p"al Taxing Dis:lirlls 5142 49.93 Council Chambers kletrupoitan Council 390 Robert St N 390 Robert St. N St Paul, 01% St Paul M4 55101 §51) 602.1445 Dlicarrinar 6, 2010 - 6:00 PM Other special laxirg d stril 44,64 55.26 No Meeting Required Tax ihcrerront 0.09 Duco No Meeting Required F scal ovoy 0.00 0,DO I No Meeting Required Total Tax excluding special assessments 2,478-OD 2,SO4.00 Percent of Tax Change 110% a Your local units of government have proposer: the aricunt of property taxes that they will read for 2011. Column ( 1 ) above si-1 yo-it actia 2010 properly taxes. Column (2) above shows what your 2011 property taxes will be If your local jurisdictions approve the property tax amounts they are now considering. Any upcoming referendums, legal judgments. natural disasters, voter upprovon levy limit increases. or special assessments cold change these arnDunts Your county commissioners, school boaro, city council, and metropolitan spec al taxing l will soon be holding pubic meetings '.o discuss Choir proposed 2011 budgets and proposec! 2011 property taxes. The school board will discuss P)e 2010 budget. You are invited to attend these meetings to express your opinion. The meeting places and times are listed above. Also shown are the addresses and telephone numbers for these local units of government if you have comments or questions concerning the proposed property tax arnounts, shown crl this h0lioe NO meeting is required if your c ty has A population of less liner 500 people- There is also no public hearing on the stale general lax This is NOT a bill -Cho Not Pay For additional Information about this notice, visit: www.co.ramsey.mn.us1prr Please see the back of this notice for more information on available Attachment 4 appeals and programs that may reduce your property tax. &j Proposed 2011 0929,22.21M045 Attachment 4 Ramsey 2011 Proposed Property Tax Ramsey County Propcov Records and Revenue This is NOT a bill — Do Not Pay 40 Vie st Plato Blvd , Saint Pail, 1AN • Phone: 651266-2000 Email! PffibProperty AddrosslAbbrevisted - tax Description 09.29.22 21,0046 5726 2619 FOREST STN CARSGROVE'S IJPADOWS F)R&T,ADDI 162 LOT 2BtK I V1 I For taxes Payottle Property Classification R.I.Wfl Taxable Ill Value S205.400 for taxes Payable R, 1 ' Yax Ta" ;e WarkelVd!uic for properly lax payabe in 2cll .assent lD ) ou ft the .ipr,Nnf20lu. Trepenod to &sc,ss o bla crianges has Passed and rnincirs $205,400 a no lonPe^ be made to your property 4ualcx t s ndided here for your ifurroation only Total Tax excivatl speclai assessments 2,6112.22 2 Percent of Tax Change 93% M Your loca units of government have proposed the amount of property taxes that they vi I need for 2011 Column (1) above shows your actual 2010 properly taxes Column (2) a bove shows what your 2011 property taxes will be if your local jurisdictions approve the property tax amounts they are now considering. Any upcoming referendums, legal juagrilients, ratural disasters, voler aporoved levy imit increases. of special assessments could change these Errol Your county commissioners, school board. c ty colonel, and metropolitan special taxing d stucts will soon ae holding public roeetings, to discuss their proposed 2011 bucgets and projx)sud 2011 property taxes. The school board wO discuss the 2010 budget You are invited to attend these meetings to express your opinion. The meeting places and times are listed ;)t)qvo. Also sJrown are Die addresses and talepnone numbers for these local tjn is of povernmorl if you have comnicril or questions concerning the proposed property tax ahnCtUrft shown an this notice. No riect is required it your city has a population of less Irian 500 people. Tierra is also no ii,ib ic meal on the stale general tax. This is NOT a bill - Do Not Pay For additional information about this notice, visit: www.co.ramsey.mn.us1prr Please see the back of this notice for more information on available appeals and programs that may reduce your property tax. 6,'A- Column (1) Column (2) Mailing Address and Phone Numbers 2010 Tax — Actual 2011 Tax — Proposed ' Tax and Budget Meetings and Locations Ramsey County 877.64 963.55 Roseville le Area High School Cafeteria Regona! RaiAirlhoily 70,22 74.88 124G Co Rd B2 West Roseville, MN Public Maly Radio System Public 6.77 69,26 7.15 73,82 Novernbor29,2010. 00prn1 , Ramsey Cotxty Manager's Office `5 tV Kellogg Blyid SiTle 250 St Paul, NN 56102 1651) 266 - 2GW MAPLEWOOD 710,50 704J9 MAPLEWOOD CITY COUNCIL CHAMBERS 1630 EAST COUNTY ROAD B CITY OF MAPLEWOOD MAPLEWOOD, MN 55109 1830 COUNTY ROAD B E DECEMBER 6, 2010 1:00 PM MAPLEWOOD MN 5 51 09 -2 79 7 (651) 249-2902 Stale Geri Tax No Meeting Required IM77= DISTRICT EDUCATION CENTER ISO 622, BUS -NESS OFFICE 2520 FAST 12TH AVE 2520 E 12TH AVE NORTH ST PAUL. MN 551M NORTH ST PAUL MN 55109 DECEMBER 14,2010 7:00 PM 74 8 (651) 4511 a. Voter approyea:tiv es 353.51 3(1.40 b. Other local levies 427,22 466-05 VtiliapD ibol Special Taxrg Districts 52.03 54.20 awrci Chambers Metropolitan Council 390 Rol St N 390 Rol St N St pa;j!''Mq St Paul. MN 5510" (651j 6021446 December 8, 2010 - 6 00 PM Other special taxing di%if cis No Peehig Requires T aX i rr; , urlten j 0.00 0.00 No Meeting Requirec F&A asparl 0,00 0.00 No Moeting Re crk Total Tax excivatl speclai assessments 2,6112.22 2 Percent of Tax Change 93% M Your loca units of government have proposed the amount of property taxes that they vi I need for 2011 Column (1) above shows your actual 2010 properly taxes Column (2) a bove shows what your 2011 property taxes will be if your local jurisdictions approve the property tax amounts they are now considering. Any upcoming referendums, legal juagrilients, ratural disasters, voler aporoved levy imit increases. of special assessments could change these Errol Your county commissioners, school board. c ty colonel, and metropolitan special taxing d stucts will soon ae holding public roeetings, to discuss their proposed 2011 bucgets and projx)sud 2011 property taxes. The school board wO discuss the 2010 budget You are invited to attend these meetings to express your opinion. The meeting places and times are listed ;)t)qvo. Also sJrown are Die addresses and talepnone numbers for these local tjn is of povernmorl if you have comnicril or questions concerning the proposed property tax ahnCtUrft shown an this notice. No riect is required it your city has a population of less Irian 500 people. Tierra is also no ii,ib ic meal on the stale general tax. This is NOT a bill - Do Not Pay For additional information about this notice, visit: www.co.ramsey.mn.us1prr Please see the back of this notice for more information on available appeals and programs that may reduce your property tax. 6,'A- Proposed 2011 I8.29.22.12.0002 Ramsey County 2011 Proposed Property Tax Property Records and RevellUe This is NOT a bill — Do Not Pay 91) We st Plain BuLl , So o! Putil, MIN • Phone! 651 . 26 9,200 0 • Web: tvviv. Co. ra m3 e y of rr u stpri & Email: Ask P'cl; 9 r(yTa xandRe cc, rarr seys-ir . us PINIProperty AddresslAbbreviated Tax Description 1 8.29.22.12.0002 573 163 COUNTY ROAD BE SECTION 18 1 OWN Z9 RANGE 22 E 140 FT OF W 705 FT OF PART N OF WW rl /SjJBJ TO RDI IN SEC 18 TN 29 RN 22 For taxes payable in 2010 Property Classification Res Hadd Taxable Market Value $205.400 For taxes Payable in 2011 Res HsId $182,700 Yo.r Taxso!e Market Va ue for Qrcrery :ax paVb!e or 20 11'.Yas sent to you Writ, so ng of 201C llepeiol to dams rroosi% Charqes has X: lsd I'll (riarc s can ro wryer be irruide to you ofopiley •aliaren 11 is —1,AA h— f.r —, 0-1 -- Total Tax excluding specialm;=53yrienfs 2,446.00 2,320.00 Percent of Tax Change -5,2y. Your loca, units of government rave proposed the amount of property taxes thsa. tboy will need for 20 " Column ( above shotivs your actual 201 property taxes Column (2) above shows what your 2011 properly taxes will be It your local j ursdichons approve the property tax amounts they are now considering. Any upcom referendums, legal judgrreris natural disasters, voter approved levy limit increases, or sDecial assessments could change these amounts. Your uoirdy commissioners, school ecaid, city mundi, and rristropciAtan special taxing districts will soon be holding public meetings to discuss tneir proposed 2011 budgets and proposed 2011 property taxes. the school board w.11 discuss the 2010 budge;. You are invited to attend these meetings to express your opinion. The meeting places and times are listed above. Also shown are the addresses and te'ephone nuirtiers for Inese local units of government if you have comments or questions concerning the proposed properly tax amounts shown on IN* notice- No meeting is required if your city has a population of ess Ilia n 500 people, There is also no public hearing on the state general tax. This is NOT a bill - Do Not Pay For additional information about this notice, visit: www.co.rams9y,mn.us1prr Attachment 4 Please see the back of this notice for more information on available appeals and programs that may reduce your property tax. g Column (1) Column (2) Mailing Address and Phone Numbers 2010 Tax - Actual 201 Tax - Proposed Tax and Budget Meetings and Locations RArri;ey County $156-08 831.47 Rosov 110 Area High School Cafeteria RegCoal Rail Aullor by 69.46 64. 1 240 Cc Rd 32 West Roseville MN Public Safety Rollo System 630 6.16 County Library 6652 63,68 Nove'nk e' 2UVIC - 6:30 p. Rill'oey County Malsfqef'S Office 15'ti Ke INg Blvd. Suite 25C S' eau .Mil 55102 '651 255. MAPLEWOOD 703,26 676.18 MAPLEWOOD CITY COUNCIL CHAMBERS 1833 EAST COUNTY ROAD B CITY OF MAPLEWOOD MAPLEWOOD, MN 55109 1830 COUNTY ROAD B E DECEMBER 6, 2010 7:00 PM MAPLEWOOD MN 55109-2797 (651) 249-2902 Slate General Tax 0.00 0.00 No Meet - SD #623 .�L�iuired DISTRICT SERVICE CENTER ISD623 1251 COUNTY ROAO 82 W 1251 COUNTY ROAD 82 W ROSEVILLE, MN 55113 ROSEVILLE, MIN 55113-3299 NOVEMBER 30, 2010 6:001 PM (651) 635-1600 a Vollar approvec'ev'Ps 486,58 418.04 b Other local levies 178.12 1191,99 filetropolitan Spec al Taxing I)ts:qcts 51,45 46.83 Ciunct Cnribers hiefirowitar Coi,-oil 190 Robert St N 390 Robert St. N St Pain, M V 55'C1 St Paul. MN 015 602.1445 Dacerracor E 2010 -6:00 Phi Other Special taxing dstricls 14 .83 19.05 No MEctirg Required Tax Iwerrert 0,00 O.DO do Meeting Requited Fiscal cis ail. 0.00 U-W NoMeetng Required Total Tax excluding specialm;=53yrienfs 2,446.00 2,320.00 Percent of Tax Change -5,2y. Your loca, units of government rave proposed the amount of property taxes thsa. tboy will need for 20 " Column ( above shotivs your actual 201 property taxes Column (2) above shows what your 2011 properly taxes will be It your local j ursdichons approve the property tax amounts they are now considering. Any upcom referendums, legal judgrreris natural disasters, voter approved levy limit increases, or sDecial assessments could change these amounts. Your uoirdy commissioners, school ecaid, city mundi, and rristropciAtan special taxing districts will soon be holding public meetings to discuss tneir proposed 2011 budgets and proposed 2011 property taxes. the school board w.11 discuss the 2010 budge;. You are invited to attend these meetings to express your opinion. The meeting places and times are listed above. Also shown are the addresses and te'ephone nuirtiers for Inese local units of government if you have comments or questions concerning the proposed properly tax amounts shown on IN* notice- No meeting is required if your city has a population of ess Ilia n 500 people, There is also no public hearing on the state general tax. This is NOT a bill - Do Not Pay For additional information about this notice, visit: www.co.rams9y,mn.us1prr Attachment 4 Please see the back of this notice for more information on available appeals and programs that may reduce your property tax. g Agenda Item G1 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Terrie Rameaux, HR Coordinator Chuck Ahl, Assistant City Manager RE: Resolution to Approve the Insurance Labor- Management Committee's (LMC) Recommendations for Employee Insurance Benefits for 2011 DATE: November 19, 2010 BACKGROUND The City recently went through their annual renewal process for employee insurance benefits and received renewal proposals from all our carriers. The Insurance Labor - Management Committee met several times and reviewed and discussed providers, rates and benefit levels. After several discussions and some negotiations by our insurance agent, Financial Concepts, Inc., the Insurance LMC proposed the following changes effective January 1, 2011: Health Insurance: The Insurance LMC proposes to continue with Medica as the health care provider. Medica's initial renewal came in at a 2.3% increase across the board for the three options through Medica. After negotiations by FCI, the increase was reduced to 0 %. Then, after redesigning the high deductible option from a $2000 single /$4000 family deductible to a $2500 singlel$5000 family the renewal on this option only received a 4.5% decrease in premiums. The other two options remain at a 0% increase. Medica has included a second -year (for 2012) rate cap of 15 %. Dental Insurance: The Insurance LMC proposes to continue with HealthPartners as the dental provider. HealthPartners came in at a 6% increase. FCI went back to try and negotiate a lower increase. However, due to some large dental claims this year, they were not able to negotiate anything lower than the 6% increase. Therefore, the Insurance LMC decided to stay with HealthPartners as our dental provider. Packet Page Number 15 of 177 Long -Term and Short -Term Disability: Long -term disability is a City -paid benefit. The City's current carrier is Assurant. However, due to the large number of long -term disability claims the city has experienced of recent, we will experience a 10% increase in premiums for 2011. The Insurance LMC agreed to stay with Assurant because when we went out for bid in 2009, as was required by State Statute, the City received bids from just two carriers, one of which was Assurant. At that time, the Insurance LMC proposes to stay with Assurant since we've had several years experience with them as our LTD carrier. They are also our short -term disability carrier so the transition from short -term to long- term is a very smooth transaction when working with the same carrier for both. The City also has short -term disability with Assurant. This is an optional employee - paid benefit. There is no change in premiums for this coverage. The Insurance LMC proposes to stay with Assurant for short -term disability coverage. Life Insurance: The Insurance LMC is proposing to continue with Minnesota Life through a pool affiliated with the League of MN Cities. The rates for basic life insurance and optional employee supplemental life, spouse life or dependent life rates will remain unchanged. Vision Care Plan: Due to an expressed interest from employees, the Insurance LMC has decided to offer an employee -paid vision plan. This plan covers eye glasses, contacts and a portion of Lasik surgery. It does not cover eye exams which are covered under our health insurance. OCHS, Inc, our insurance agent of record for ancillary benefits, went out for bid on the City's behalf. We received bids from two carriers— Ameritas and Avesis, a national company. After reviewing the plans with OCHS, Inc. and several discussions, the Insurance LMC selected Avesis as its carrier for vision and is proposing the city offer this option to employees. Long -Term Care Insurance: The Insurance LMC proposes to continue our long -term care insurance contract with CNA through a pool affiliated with the League of MN Cities. The rates remain unchanged. Budget Impacts The health care portion of employee benefits is the most significant portion of the benefit package provided to employees. As noted, that expense is decreasing by 4.5 %, although with the revision to the employer contribution to the employee's Health Reimbursement Account [HRA] the reduced cost to the City is reduced from $75,000 to approximately $9,000 depending upon the number of participants in the various health care plans. The other packages will see an increase in expenses to the City's Packet Page Number 16 of 177 Employee Benefit's Fund of $6,000 to $9,000. Thus the net impact to the Employee Benefits Fund should be expense approximately equal to 2010 depending upon the actual hiring and retiring timing of a number of open positions during the year. The proposed 2011 Budget included a 5% increase planned for these expenses, so the Employee Benefits Fund will see a positive budgetary impact for 2011 based upon this contract. The Employee Benefits Fund will still likely show a negative balance for 2011, but this contract will reduce the extent of the negative balance. A detailed review of the Employee Benefits Fund will be provided as part of the 2010 Audit. RECOMMENDATION It is recommended that the City Council approve the Insurance Labor- Management Committee's recommendations to be effective January 1, 2011. Packet Page Number 17 of 177 RESOLUTION Be it resolved that the Maplewood City Council hereby affirms the recommendations of Insurance Labor Management Committee regarding 2011 employee insurance benefits for the City of Maplewood. Packet Page Number 18 of 177 Agenda Item G2 AGENDA REPORT TO: City Council FROM: Chuck Ahl, Asst. City Manager Chuck Bethel, City Attorney for HR/Labor Relations DATE: December 1, 2010 SUBJECT: Consider Approval of 2011 -2012 Collective Bargaining Agreements: a. Minnesota AFSCME Council No. 5 — Local 2725 - Clerical/Technical & Maintenance Units b. International Association of Firefighters. Local 4470 -0 c. International Association of Firefighters. Local 4470 d. Law Enforcement Labor Services Inc. (Local 153) e. Law Enforcement Labor Services Inc. (Local 173) f. Maplewood Confidential and Supervisory Association g. Metro Supervisory Association INTRODUCTION/SUMMARY Pursuant to the direction received at workshops earlier this year, our goal going forward in the negotiations for 2011 was that, while the Council greatly appreciated the professional staff and their efforts, and wanted the staff to know that, with the economy in its current state there was simply no way to afford any cost of living raises for 2011. You did indicate that you would be willing to accept a 1 % percent increase for 2012 if we could secure a 2 year contract with a 0% increase for 2011. You also provided direction that market adjustments would be considered on an individual case by case basis. Working within those guidelines, specifically of allowing no Cost of Living Adjustment ( "COLA ") increase for 2011, and working with the City Manager, we have successfully completed negotiations with the above referenced groups (hereafter the "Unions ") on behalf of the City for the contracts covering 2011 and 2012 with a 0% COLA increase for 2011 for all the contracts. The contracts for all Unions do provide for a 1 % increase in the COLA for 2012, but all the contracts also limit the contribution the City will make for any health insurance to 100% of the premiums for single coverage on the High Deductible plan and an additional 50% plus $45.00 towards the family premiums for the high deductible plan. This means that any employees that wish to remain on a higher cost plan will have to pay the difference to stay on that plan out of their own pockets. Not only will this save the City money, we believe it will ultimately drive the remaining employees into choosing the High Deductible plan in the long run. There is also a onetime market adjustment provided to the police officers of $25.00 for the lowest paid officers in 2011, and $15.00 for the lowest paid officers in 2012, based on the fact that the starting salary for police officers in Maplewood is still below the average starting police officer salary for similar cities in Minnesota. There was also an agreement to change tuition reimbursement so that all employees will assume responsibility for some portion of their tuition, and will also have to pay the City back if they leave within three years of receiving their reimbursement. For the first time, all of the Unions (except the Police Officers) agreed to the concept of "Global Negotiations" in which the Unions all came together to negotiate on COLA's, insurance contributions, tuition reimbursement and some miscellaneous standardization of language throughout the contracts. This willingness on the part of our Unions to work together with us, and each other, proved to be an effective tool in completing these negotiations. As a whole, the Packet Page Number 19 of 177 Agenda Item G2 Unions understood the position of the Council and the underlying economic realities and negotiated in good faith based on that understanding. The City's overall economic picture was helped by the news that our calculated trade -off in the last labor negotiations for 2009 -2010, (giving a 3% COLA in exchange for a wholesale movement by our workforce to the high deductible health plan) really paid off this year when we discovered that our expected double digit health care cost increase had been shaved to zero! The average increase for other cities this year is around 13% with some cities experiencing as high as 18% increases in their health care costs. Our continuing involvement in labor management committees has also allowed us to implement a new wellness program, which will be providing incentives to our employees to adopt healthier lifestyles and allowing the City to reward those employees who do so. These collaborative changes, together with the "global" negotiating process, have resulted in contracts that are a win -win for both labor and management during these very difficult economic times. The proposed contracts are provided for approval as part of this agenda item. RECOMMENDED ACTION It is recommended that the attached contracts with the Unions and the City of Maplewood for the years 2011 and 2012, in substantially the same form and content as provided herein be approved. It is further recommended that the City Manager and/or his designee, be authorized to accept any minor revisions to such contracts if needed, which do not substantially change any material term or condition or financial obligation of the City in order to expedite execution of the contracts by the City and the Unions. Attachments: 1. Minnesota AFSCME Council No. 5 — Local 2725 - Clerical/Technical & Maintenance Units 2. International Association of Firefighters. Local 4470 -0 3. International Association of Firefighters. Local 4470 4. Law Enforcement Labor Services Inc. (Local 153) 5. Law Enforcement Labor Services Inc. (Local 173) 6. Maplewood Confidential and Supervisory Association 7. Metro Supervisory Association Packet Page Number 20 of 177 -INT Iu-o 411 s1 & *1 F� LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD M MINNESOTA A.F.S.C.M.E. COUNCIL NO. 5 LOCAL 2725 M MAINTENANCE UNITS Packet Page Number 21 of 177 Attachment 1 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ..................................................... ............................... 1 ARTICLE 2: RECOGNITION ........................................................................... ............................... 1 ARTICLE 3: DEFINITIONS ............................................................................... ..............................2 ARTICLE 4: UNION SECURITY ...................................................................... ............................... 3 ARTICLE 5: EMPLOYER SECURITY ............................................................. ............................... 3 ARTICLE 6: EMPLOYER AUTHORITY ........................................................... ............................... 4 ARTICLE 7: WORK SCHEDULES .................................................................. ............................... 4 ARTICLE 8: CALL BACK ................................................................................. ............................... 6 ARTICLE 9: STAND BY ................................................................................... ............................... 6 ARTICLE 10: MEAL AND REST PERIODS .................................................... ............................... 7 ARTICLE 11: OVERTIME ................................................................................. ..............................7 ARTICLE 12: PROBATIONARY PERIODS ..................................................... ............................... 8 ARTICLE 13: SENIORITY ................................................................................ ..............................8 ARTICLE 14: JOB POSTING .......................................................................... ............................... 9 ARTICLE 15: DISCIPLINE ................................................................................ ..............................9 ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION ......................... ............................... 10 ARTICLE 17: VACATION /ANNUAL LEAVE ................................................ ............................... 11 ARTICLE 18: HOLIDAYS ............................................................................... ............................... 12 ARTICLE 19: SICK LEAVE ............................................................................ ............................... 12 ARTICLE 20: LEAVES OF ABSENCE .......................................................... ............................... 13 ARTICLE 21: SEVERANCE PAY .................................................................. ............................... 15 ARTICLE 22: INJURY ON DUTY .................................................................. ............................... 15 ARTICLE 23: INSURANCE ........................................................................... ............................... 16 ARTICLE 24: UNIFORMS .............................................................................. ............................... 17 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ....................................... ............................... 17 ARTICLE 26: PERSONNEL FILES ............................................................... ............................... 18 ARTICLE 27: NONDISCRIMINATION ........................................................... ............................... 18 ARTICLE 28: LEGAL DEFENSE ................................................................... ............................... 18 ARTICLE 29: REQUIRED LICENSES ........................................................... ............................... 18 ARTICLE 30: SAFETY ................................................................................... ............................... 18 ARTICLE 31: LEADPERSON ........................................................................ ............................... 19 ARTICLE 32: TOOLS ..................................................................................... ............................... 19 ARTICLE 33: EDUCATION ........................................................................... ............................... 19 ARTICLE 34: RESERVED ............................................................................. ............................... 19 ARTICLE 35: WAGE SCHEDULE ................................................................. ............................... 19 ARTICLE 36: WAIVER .................................................................................. ............................... 20 ARTICLE 37: SAVINGS CLAUSE ................................................................. ............................... 21 ARTICLE 38: DURATION ................................................................................ .............................22 APPENDIXA .................................................................................................. ............................... 23 APPENDIX .................................................................................................. ............................... 24 APPENDIX ................................................................................................. ............................... 25 APPENDIXD ................................................................................................. ............................... 26 APPENDIXE .................................................................................................. ............................... 29 Packet Page Number 22 of 177 ARTICLE 1: PURPOSE OFAGREEMENT Attachment 1 This AGREEMENT is entered into between the City of Maplewood, hereinafter called EMPLOYER, Local 2725, and Council 5, American Federation of State, County and Municipal Employees, AFL -CIO hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this AGREEMENT'S interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 : RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179.71 Subd. 3 as an appropriate bargaining unit consisting of the following job classifications: Accountant Accounting Technician Administrative Assistant Administrative Office Coordinator Building Custodian Building Inspector Building Inspector Apprentice Building Maintenance Worker Business Licensing Specialist Civil Engineer I Civil Engineer II Code Enforcement Officer Community Gym Representative Community Service Officer (CSO) Crew Chief — Mechanic Crew Chief — Sanitary Sewer Crew Chief — Storm Sewer Crew Chief — Street Maintenance Customer Service Associate Customer Service Representative Engineering Technician Environmental Health Official Environmental Planner Facility Technician Heavy Equipment Mechanic 1 Packet Page Number 23 of 177 Lead Building Custodian Lead Licensing Specialist Licensing Specialist Lifeguard Maintenance Worker Marketing /Public Relations Specialist Naturalist Office Specialist Operations Analyst — Public Works Planner Police Records Specialist Senior Engineering Technician Technical Assistant - Police Vehicle Equipment Maintenance Technician Attachment 1 2.2 In the event the Employer and the Union are unable to agree upon the inclusion or exclusion of a new or modified job classification, the issue shall be submitted to the Bureau of Mediation Services for determination. 2.3 All temporary employees who work for less than six (6) months out of any twelve (12) consecutive month period are excluded from this contract. ARTICLE 3 : DEFINITIONS 3.1 UNION - Local 2725, Council 5 American Federation of State, County, and Municipal Employees. 3.2 EMPLOYER - The City of Maplewood. 3.3 UNION MEMBER -A member of Local 2725, Council 5 of the American Federation of State, County, and Municipal Employees employed by the City of Maplewood as set forth in Article 2 of this AGREEMENT. 3.4 EMPLOYEE - A member of the exclusively recognized bargaining unit as set forth in Article 2 of this AGREEMENT. 3.5 REGULAR PAY RATE - The employee's normal hourly pay rate. 3.6 SENIORITY - Employee's length of continuous service with the EMPLOYER. 3.7 SEVERANCE PAY - Payment made to an employee upon termination of employment as provided in Article 21. 3.8 CALL BACK - Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of, or early report to, an assigned shift is not a call back. 3.9 STRIKE - Concerted action in failing to report for duty the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or Packet Page Number 24 of 177 obligations of employment. Attachment 1 3.14 GRIEVANCE - A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 3.11 FMLA - The Family Medical Leave Act - See Article 20.5 3.12 EXEMPT - Not covered by the federal and state Fair Labor Standards Acts overtime requirements. 3.13 NON - EXEMPT - Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4 ; UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 4.1 Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3. 4.2 Union Dues - Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the UNION within ten days following said deduction. 4.3 Bulletin Board - The EMPLOYER agrees to provide and maintain one bulletin board for display of UNION notices and bulletins at each of the following facilities /areas: 1. City Hall 2. Community Center 3. Park Maintenance Building 4. Police Department 5. Public Works Building 6. Nature Center 4.4 Union Stewards - The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. The EMPLOYER agrees to afford reasonable time off to those elected officials or appointed representatives of the exclusive representative for the purpose of conducting the duties of the UNION and agrees to provide for reasonable leaves of absence, without pay, to elected or appointed officials of the UNION as provided by State Statute. 4.5 Hold Harmless - The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 4.6 Seniority List - The EMPLOYER will normally notify the UNION of the names and job titles of new hires within two weeks of start date. On a quarterly basis, the EMPLOYER will notify the UNION of terminations from the unit. ARTICLE 5 : EMPLOYER SECURITY 5.1 No Strike - The UNION agrees that during the life of this AGREEMENT it will not cause, Packet Page Number 25 of 177 Attachment 1 encourage, participate in or support any strike, slow down, other interruption of, or interference with the normal functions of the EMPLOYER. 5.2 Termination of Strikers - Employees who engage in an unlawful 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. 5.3 Unexcused Absence During Strike - Employees who are absent from any portion of their work assignment without permission, or who abstains wholly or in part from the full performance of their duties without permission from the EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 5.4 Reemployment of Strikers - Employees who knowingly and unlawfully strike and whose employment has been terminated for such action may, subsequent to such violation, be appointed or re- appointed or employed or re- employed, but the employees shall be on probation for two (2) years with respect to tenure of employment, or contract of employment, as they may have theretofore been entitled. 5.5 No Strike Pay - Employees shall not be entitled to any daily pay, wages, or per diem for the day(s) in which they engaged in a strike. ARTICLE 6 : EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. 6.2 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. 6.3 Subcontracting - Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting out work performed by employees covered by this Agreement or likewise shall prohibit or restrict any other right as set forth in 6.1 herein. Except when the Employer has determined there is an emergency or other urgent matter, the Employer will notify the Union at least thirty (30) days prior to subcontracting out work usually performed by employees represented by this bargaining unit, if such subcontracting may require a reduction in the bargaining unit work force. No regular full - time employee in this bargaining unit will be laid off solely as a result of the Employer subcontracting out work required by the Employer, to be performed by regular full -time members of this bargaining unit pursuant to this agreement. ARTICLE 7: WORK SCHEDULES 7.1 Normal Workday/Workweek - The sole authority in work schedules is the EMPLOYER. 4 Packet Page Number 26 of 177 Attachment 1 The normal workday for an employee shall be eight (8) hours. Normal office hours are 8:00 a.m. to 5:00 p.m.; however, mutually convenient flexible schedules can be arranged within departments. The normal workweek shall be forty (40) hours Monday through Friday. 7.2 Regular Shifts - Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day or work week. The EMPLOYER will give advance notice to the employees affected by the establishment of workdays different from the employee's normal eight (8) hour workday. 7.3 Unusual Work Circumstances - In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, all employees have an obligation to work overtime or call backs if requested unless unusual circumstances prevent them from so working. When employees are so notified to report at a time other than their normal scheduled reporting time due to such unusual circumstances, they shall be paid for a total thirty (30) minute arrival time. 7.4 Saturday /Sunday Workweeks - Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and /or Sundays. 7.5 Permanent Schedule Changes -. Any permanent changes in the work schedule should be preceded with at least a two (2) week notice to the affected employees. 7.6 Out -of -Class Assignment - Any employee working an out -of -class assignment for four (4) hours or more shall be paid at the higher job classification at the starting rate, but in no case shall the employee receive less than $1.00 per hour additional. For the purposes of this Article, an out -of -class assignment is defined as an assignment of an employee to perform the significant duties and responsibilities of a position different from the employee's regular position, and which is in a higher classification within the bargaining unit. Also for purposes of this Article, employees will be paid at the higher rate only for the hours worked at the higher rate. 7.7 Upon agreement between an employee, union representative, and the department head, the City may allow employees to perform work normally associated with another position for a limited period of time (not to exceed 120 hours in a year) for purposes of furthering the employee's development or providing variety to the job. This should be temporary in nature and must be approved in advance by both the department head and Human Resource Department. If both the employee and department head agree that this is for the employee's benefit and is not detrimental to the City, the "out -of- class" language and pay requirements of the contract will not apply. 7.8 Flexible Scheduling - Non - exempt employees, who normally work eight (8) hour shifts, will be paid one and one -half (1 -1/2) times the employee's regular pay rate for all hours worked in excess of eight (8) hours, when required to work more than eight (8) hours. Changes of shift do not qualify an employee for overtime under this article. Non- exempt employees who normally work shifts of longer than eight (8) hours will be paid one and one half (1 -1/2) times the employee's regular pay rate for all hours in excess of the Packet Page Number 27 of 177 Attachment 1 normal shift length. Exempt employees who work over 40 hours per workweek will be paid straight time for all hours worked. Schedule changes made by the supervisor shall be posted for fourteen (14) days prior to the effective date. At the employee's request, employees may work a shorter shift than that normally required and may make up the time on another shift, upon approval of their supervisor. When employees avail themselves of this approved flexible scheduling, they will not be eligible for overtime for the longer shift. Under no circumstances will an employee be allowed to work more than forty (40) hours in a given week due to selecting this option, if they would not have been eligible to do so prior to selecting it. Anytime an employee (who is on vacation and sick leave) is ill or injured and misses a shift of other than eight (8) hours, they will be required to use sick leave equal to the hours for which they were scheduled. (If the shift was ten (10) hours, and they miss the entire shift, they will be required to use ten (10) hours of sick leave.) If on annual leave, the employee will use annual leave in accordance with the annual leave policy. 7.9 Premium Pay — Non- exempt employees who are required to come in before their normal work day start time for EMPLOYER shall be paid one and one half (1'12) times their regular rate for their time before the start of their regularly scheduled shift. ARTICLE 8: CALL BACK Non - exempt employees called in for work by the EMPLOYER at a time other than their normal scheduled shift will be compensated for a minimum of three (3) hours pay at one and one -half (1 -112) times the employee's regular pay rate. Exempt employees will receive a minimum of two hours pay at straight time. If the call -in or call- back is an extension to the regular shift, then the minimum hours provision of this clause will not apply. ARTICLE 9: STAND BY 9.1 A non - exempt employee shall receive a minimum pay equal to three (3) hours of overtime for each Saturday, Sunday or holiday said employee is required by the EMPLOYER to be immediately available for work. Exempt employees are not eligible for standby pay. Non - exempt employees who are placed on call will be paid two (2) hours (at straight time) for each weekday they are required by the EMPLOYER to be immediately available for work. (A weekday is Monday through Friday, excluding holidays.) The rate of pay to be used for calculations of straight time or overtime for employees in the Maintenance Worker title (in this situation) will be Step 8 of the Maintenance Worker salary range. Any employee whose normal hourly wage is higher than Step 8 of the Maintenance Worker salary range will receive payment for any unused comp time at year -end at the rate of Step 8 of Maintenance Worker for the entire balance. Immediately available for work means to be able to respond to a callback within 30 ON Packet Page Number 28 of 177 Attachment 1 minutes. Employees who will not be able to respond within that timeframe will not be eligible for callback pay. 9.2 The Facility Technician assigned to the Community Center will receive one hour of overtime each week provided that he /she wears a pager and responds to Community Center maintenance calls after hours and on days off. The employee will be eligible for callback pay when required to come in to work as provided in Article 8 but will not be eligible for callback pay for phone calls. ARTICLE 10 : MEAL AND REST PERIODS An employee may take either one -half (1/2) hour or one (1) hour meal period (without pay) and two (2) fifteen (15) minute rest periods (with pay) during a normal work day at times determined by the EMPLOYER. An employee who works beyond the normal workday shall be granted a one -half (1/2) hour unpaid break after five (5) consecutive hours of work. Rest periods shall be taken at the site of working operations at the time of said periods, unless otherwise determined by the EMPLOYER. The length of the meal period will vary depending on department and job title. The normal meal period for clerical and technical employees is one hour. The normal meal period for public works and park maintenance employees is thirty (30) minutes. Exceptions can be made with approval of the immediate supervisor. ARTICLE 11 : OVERTIME 11.1 Daily/Weekly Overtime - For non - exempt employees, hours worked in excess of eight (8) hours within an assigned work day or more than forty (40) hours within an assigned work week will be compensated at one and one -half (1 -1/2) times the employee's regular pay rate, unless the shift length is greater than eight (8) hours. In that case, overtime eligibility begins after the regular shift is exceeded. (See Article 7 - -Work Schedules.) 11.2 Holidays Worked - Hours worked by non - exempt employees on holidays, except Thanksgiving, Christmas, and New Years, will be compensated for at one and one -half (1 -1/2) times the employee's regular pay rate in addition to the compensation provided in the wage schedule. Hours worked by non - exempt employees on the holidays of Thanksgiving, Christmas, and New Years will be compensated for at two (2) times the employee's regular pay rate in addition to the compensation provided in the wage schedule. Holidays worked by exempt employees will be paid at straight time. 11.3 Equal Distribution - Overtime will be distributed as equally as practicable. 11.4 Overtime Refused - Overtime refused by employees will, for record purposes under Section 11.3, be considered as unpaid overtime worked. 11.5 No Duplication of Overtime - For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 11.6 Computing Overtime - All paid leave time shall be considered time worked for the purpose of computing overtime. 7 Packet Page Number 29 of 177 Attachment 1 11.7 The City will allow employees the option of accruing compensatory time in lieu of overtime pay under the following conditions: • Compensatory time will not be allowed where the overtime could have been anticipated in advance and have simply been a schedule change with two weeks notice; • Compensatory time is not an option for positions that have to be back - filled with another employee to keep reasonable staffing levels; and • Any compensatory time accrued will be capped at sixty (60) hours per year and will be cashed out at the end of the year, if not used, prior to any annual adjustment. • Overtime worked in excess of the sixty- (60) hour cap will be paid during the same pay period it is earned. ARTICLE 12; PROBATIONARY PERIODS 12.1 Probationary Period - New Employees - All newly hired or rehired employees will serve a nine (9) month probationary period. This probationary period may be extended at the discretion of the Employer for no more than ninety (90) days. The employee shall be notified of any extensions and the reasons for the extension prior to the end of the initial probationary period. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 12.2 Employees who previously worked for the Employer and left employment but have not been away from employment with the City of Maplewood more than one (1) year will serve a ninety (90) day probation period. This provision is only available to employees who have already worked in the same job classification for which they are being rehired at least one (1) year and who have successfully completed a probation period in the same job classification. 12.3 Probationary Period - New Classification - Effective May 5, 1999, all employees promoted or transferred will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. At any time during the probationary period a promoted or transferred employee may be demoted or transferred to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 13; SENIORITY 13.1 Qetermininq Criterion - Seniority will be the determining criterion for transfers, newly created positions and promotions only when all other qualification factors are equal. 13.2 Layoff - In the event it becomes necessary to lay off employees for any reason, employees within a given job classification shall be laid off in inverse order of their seniority in the following order: a. Probationary part -time employees b. Probationary full -time employees c. Regular (part -time and full -time) employees H . , Packet Page Number 30 of 177 Attachment 1 13.3 Bumping - In the event of layoffs, employees may exercise their seniority rights to a job class of equal or lower pay within the bargaining unit. To bump, the employee must meet the knowledge, skills, abilities and minimum qualifications, and pass normal required tests. 13.4 Recall - Employees shall be recalled from layoff according to seniority. No new employee shall be hired for a job classification for which a layoff has occurred until all employees on layoff status within that job classification have been given ample opportunity to return to work within eighteen (18) months of said layoff. The City will notify employees on layoff to return to work by registered mail at that employee's last recorded address. The employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for re- employment. 13.5 Promotion Outside Bargaining Unit - Employees promoted outside the bargaining unit shall maintain their seniority in the unit for thirty (30) days. 13.6 Seniority Grievance - Disagreements between the EMPLOYER and employee relative to the use of seniority in promotions, transfers, and newly created positions is a proper subject for the grievance procedure outlined in Article 16 of this AGREEMENT. 13.7 Continuous Service - For purposes of seniority, an employee's continuous service record shall be broken by voluntary resignation, discharge for just cause or retirement. 13.8 Voluntary Transfer - If employees voluntarily transfer within the bargaining unit, they will go to the bottom of the department seniority list, except that the bargaining unit seniority will take effect in case of layoff. ARTICLE 14; JOB POSTING 14.1 Promotion From Within - The EMPLOYER and the UNION agree that permanent job vacancies or newly created job classifications within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: a. have the necessary qualifications to meet the standards of the job vacancy; and b. have the ability to perform the duties and responsibilities the job vacancy. 14.2 Promotional Probation - Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12-- Probationary Periods. 14.3 Selection Decision - The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 14.4 Job Posting - Job vacancies within the designated bargaining unit will be posted for ten (10) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 15 ; DISCIPLINE The EMPLOYER will discipline employees only for just cause. 7 Packet Page Number 31 of 177 ARTICLE 16; GRIEVANCE PROCE©UREIARBITRATION Attachment 1 16.1 Processing of a Grievance - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYER 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 the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for absence. 16.2 Procedure - Any grievance or dispute between the parties relative to the application, meaning or interpretation of this AGREEMENT shall be settled in the following manner: Step 1 . The UNION steward, with or without the employee, shall take up the grievance or dispute with the employee's immediate supervisor within twenty -one (21) calendar days after such alleged violation has occurred. The supervisor shall attempt to adjust the matter and shall respond to the steward within seven (7) calendar days. Step 2 . If the grievance has not been settled in accordance with Step 1, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested, by the UNION steward or their designate to the proper department head within seven (7) calendar days after the supervisor's response is due. The department head or their designate will respond to the UNION steward in writing within seven (7) calendar days. Step 3 . If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested by the UNION steward or their designate and UNION business representative to the City Manager within seven (7) calendar days after the department head's response is due. The City Manager or their designate will respond to the UNION steward in writing within seven (7) calendar days. Step 4 . If the grievance is still unsettled in accordance with Step 3, the UNION may, within fourteen (14) calendar days after the City Manager's reply is due, give notice of its intention to submit the issue to arbitration by giving written notice, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated and the remedy requested, to the other party. The arbitration proceeding shall be conducted by an arbitrator to be selected by the EMPLOYER and the UNION within seven (7) calendar days after the UNION requests such action. If the parties fail to select an arbitrator, the State Bureau of Mediation Services will be requested by either or both parties to provide a panel of five arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first name, the other party shall strike one (1) name, the process will be repeated, and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) 10 Packet Page Number 32 of 177 Attachment 1 calendar days after the conclusion of testimony and argument. Expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION. However, each party shall be responsible for compensation of its own representatives and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause such record to be made, providing it pays for the record and makes copies available at a reasonable cost to the other party and to the arbitrator. 16.3 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION without prejudice to either party. 16.4 Arbitrator's Authority - a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not submitted. b. The arbitrator shall be without power to make decisions contrary to, inconsistent with, modifying, or varying in any way, the application of laws. ARTICLE 17: VACATIONIANNUAL LEAVE 17.1 Vacation Schedule — Employees who work full -time and were hired prior to May 5, 2001 shall earn monthly paid vacation leave as per the following schedule: 1 - 4 years of service -- 10 working days per year 5 - 11 years of service -- 15 working days per year 12 - 20 years of service -- 20 working days per year After 20 years of service and thereafter -- 25 working days per year Part -time employees hired before May 5, 2001 who regularly work (and are on payroll at) 20 or more hours per week shall accrue vacation on a prorated basis. Employees hired prior to January 1, 2003 at 15 —19 hours per week will be grandfathered in for eligibility to pro -rated vacation or annual leave. 17.2 Maximum Vacation Accumulation - Employees will be allowed to carry over a maximum of one and one -half (1 -112) times his/her annual accrual rate into each successive year. (Part -time employee carryover is pro -rated based on hours worked.) 17.3 Vacation Pay - Employees shall receive their vacation pay no later than the last workday prior to the start of their vacation period. This provision (17.3) does not apply to employees who have direct deposit of their paychecks. 17.4 The EMPLOYER and UNION agree to incorporate the Annual Leave Program as 11 Packet Page Number 33 of 177 Attachment 1 adopted by the City Council on February 12, 2001 and revised on September 23, 2002. (See addendum) 17.5 Provisions 17.1 through 17.3 do not apply to employees who select the annual leave program. ARTICLE 18 : HOLIDAYS 18.1 Holidays Observed - Full -time employees shall be compensated for a full eight (8) hour day if employed at the time of any of the following holidays (prorated for part -time employees who work (and are on payroll) at twenty (20) or more hours per week): DATE January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 HOLIDAY New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day When a holiday falls on a Saturday or Sunday, the City shall designate the preceding Friday or following Monday as the "observed" holiday for City operations /facilities that are closed on holidays. Overtime for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. 18.2 Personal Holidays - Full -time employees shall also receive two (2) personal holidays per year in accordance with 18.1 above (prorated for part -time employees who are on payroll at twenty (20) or more hours per week. The date of such personal holiday shall be approved by the EMPLOYER. 18.3 Employees hired prior to January 1, 2003 into positions that are 15 -19 hours per week who remain continuously in such positions will be eligible for pro -rated holiday benefits in the same manner as they had been before that date. ARTICLE 19: SICK LEAVE 19.1 Use of Sick Leave - Full -time employees hired prior to May 5, 2001, shall accumulate sick leave at a rate of one and one - quarter (1 -1/4) days per month (prorated for part -time employees who regularly work, and are on payroll at, 20 or more hours per week. Employees who work less than twenty (20) hours per week who are on the vacation and sick leave programs as of 12 -31 -02 will remain eligible for pro -rated sick leave as long as they remain continuously at fifteen (15) or more hours per week. Employees who are on annual leave do not accrue sick leave. Sick leave may be approved only for days when an employee would otherwise have been at their employment. It may be used, with the approval of the supervisor, in any of the following cases: 12 Packet Page Number 34 of 177 Attachment 1 a. when the employee cannot work because of the illness, injury, or disability of themselves, their children, spouse, parents, stepchildren or stepparents; b. for medical, dental, chiropractic or optical exams or treatment of the employee or the employee's children (appointments should be scheduled to minimize the disruption of the work day); c. when the employee's presence would jeopardize the health of other employees by exposing them to contagious disease. Employees shall notify the EMPLOYER at or before their normally scheduled starting time of any illness for which they wish to take sick leave. The employee must submit satisfactory proof of illness or injury by way of a doctor's certificate, if requested by the EMPLOYER. Those employees who misuse sick leave shall be subject to disciplinary action. Any action taken by the EMPLOYER under this Article shall be subject to the grievance procedure. Inappropriate patterned use of unscheduled sick leave is not the purpose of sick leave. Examples of patterned use include but are not limited to repeated one (1) and two (2) day absences associated with scheduled days off. Such patterns may be subject to discipline. 19.2 Sick Leave Conversion - Full -time and part -time employees hired after May 19, 1978 but before May 5, 2001 are provided, at said employee's discretion, the following sick leave conversion program in lieu of severance pay provided in Article 21. Said sick leave conversion program shall provide for the conversion of forty percent (40 %) of the employee's annual earned and unused sick leave to vacation or deferred compensation after an employee has accumulated forty -five (45) days or more of sick leave as provided above. The conversion shall be made annually on January 1 at the employee's request. Conversion shall be based only on sick leave days earned and unused during the previous twelve (12) months. One -half (112) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one -half (112) shall be forfeited by the employee to the City at the time of conversion. The amount of sick leave earned and unused in the prior year that is eligible for conversion shall be prorated for part -time employees. 19.3 Conversion After Eight- Hundred (800) Hours - On December 31 of each year a full -time employee with eight - hundred (800) hours or more of accumulated sick leave shall be eligible to convert sick leave accumulated in the previous twelve (12) months to vacation or deferred compensation at the employee's current pay rate on the basis of two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty -eight (48) hours of vacation and deferred compensation. The amount of sick leave earned and unused in the prior year which is eligible for conversion shall be pro -rated for part -time employees. 19.4 Article 19 does not apply to employees on annual leave except as provided in the Annual Leave Program (Current Sick Leave Balances— Deferred Sick Leave, and Severance Pay Sections). ARTICLE 20 : LEAVES OFABSENCE 13 Packet Page Number 35 of 177 Attachment 1 The EMPLOYER agrees to provide to full -time employees the following leaves of absence with reasonable written notice from the employee: 20.1 Military Leave - Military leave, with pay, for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. 20.2 Jury Duty Leave - Jury duty leave when ordered by the appropriate authorities. The EMPLOYER agrees to pay the difference between the employee's regular salary and jury duty pay if the jury duty pay is less than the employee's regular salary. If the jury is dismissed more than two (2) hours prior to the end of the employee's regular scheduled shift, the employee shall report to work. Employees who are scheduled to work evening or night shift will be changed to day shift for the period of time they are required to serve on jury duty. Employees must notify the City as soon as possible after receiving notification of their order to serve. 20.3 Educational Leave - Educational leaves with pay for work- related conferences and seminars which occur during regular working hours when attendance is approved by the EMPLOYER. The EMPLOYER further agrees to pay reasonable costs related to the above. 20.4 Funeral Leave - A maximum of three (3) days of funeral leave with pay shall be extended to employees upon the death of a member of the immediate family of the employee or their spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers or sisters, sons -in -law or daughters -in -law). The maximum eligibility for funeral leave remains at 24 hours, regardless of shift length. This leave is pro -rated for part -time employees. 20.5 Parenting Leave - A. Employees who work twenty (20) or more hours per week and have been employed more than one (1) year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed twelve (12) weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. B. Employees are not required to use sick leave during parental leave but may use sick leave at their option for any period of this leave they are unable to work due to medical reasons. In addition, sick leave of up to three (3) days for a normal delivery and four (4) days for a caesarean delivery may be requested by employees in order to take the expectant mother to the hospital for delivery and during the days immediately following the birth including bringing the mother and child home. Employees on annual leave will use annual leave in lieu of sick leave unless they are eligible for deferred sick leave. C. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave. D. If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. Both leaves will run concurrently until eligibility for either leave expires. E. Seniority will continue to accrue during the twelve (12) week parental leave for eligible employees. Employees who have not completed their probationary period, 14 Packet Page Number 36 of 177 Attachment 1 and are therefore not covered under the law, may receive up to a maximum of two (2) weeks unpaid leave that is not adjusted for seniority with authorization of the employee's supervisor and City Manager. F. Employees shall be eligible for FMLA in accordance with Federal Law. ARTICLE 21 ; SEVERANCE PAY 21.1 Except as provided below, employees who resign or are laid off shall be entitled to severance pay which shall be computed at their regular rate of pay at the time of severance and shall amount to one -half (1/2) of the accumulated sick leave with a maximum allowance of fifty (50) days pay. In the case of the death of an employee who has become eligible for severance pay in accordance with this AGREEMENT, the beneficiary of said employee shall be eligible to receive the employee's severance pay as provided above. An employee discharged for cause will receive no severance pay. 21.2 Employees hired after May 19, 1978 shall receive no severance pay. ARTICLE 22 : INJURY ON DUTY Employees injured in or contracting illness from actual service and thereby rendered incapable of performing their duty shall receive no more than their regular take -home pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury subject to the following conditions: a) In order to receive the benefits of this section for a period exceeding seven (7) days said injury or illness must be determined to be eligible under worker's compensation. b) In order to be eligible for the benefits of this section for a period of seven (7) days or less, the Employer must determine that the injury is "on -the -job" in nature. c) In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty -four (24) hours of said injury to the Employer. d) If an Employee takes advantage of this section, all salary related benefit income (such as worker's compensation, disability benefits, etc.) must be turned over to the Employer. e) Benefits of this section shall assure the Employee of their regular pay only and shall not include allowances for overtime or other pay. f) The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g) The Employer may require a reasonable number of physical examinations by the City's Physician at reasonable times at City expense. h) The City's Physician shall determine when the Employee is able to return to work. i) This section does not apply in the case of death of an Employee, on duty or otherwise. j) The base pay of an Employee will continue until the "on -the -job" status of an injury has been determined, if said injury appears to be "on- the - job." However, if it is found that the 15 Packet Page Number 37 of 177 Attachment 1 injury is not job related, the time off will be credited to sick leave, vacation time, compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. a. In the event vacation time is used, upon the return to work of the Employee, fifty percent (50 %) of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. k) Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. 1) This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. ARTICLE 23 : INSURANCE 23.1 Health /Dental Insurance —The EMPLOYER will pay 100% of the cost of the employee (single) health insurance premium, and fifty percent (50 %) plus forty -five ($45) dollars of the cost toward the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the "HDHP ") for full -time employees. All Employees hired after January 1, 2010 shall only be offered the HDHP. For any employee who chooses to participate in any other plan offered by the City, if any, the City will only contribute an amount equal to the actual dollar amounts paid for single HDHP coverage for other single coverage, as set forth above, towards the monthly premiums for such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families, as set forth above, towards the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The EMPLOYER shall also contribute towards the cost for insurance as more fully set forth in Appendix E attached hereto and incorporated herein by reference. In addition, the EMPLOYER will pay 50% of the cost of single coverage for the HDHP for part -time employees who are regularly scheduled (and on payroll) at 30 hours per week or more. These employees may purchase dependent coverage by paying the full cost. Any changes that are presented at the time of the renewal of the health insurance contract will be discussed (and agreed to) through the Insurance Labor - Management Committee process. The EMPLOYER agrees to re -open the contract to discuss changes in the 2012 insurance premiums, if requested by the Union. The EMPLOYER shall pay one hundred percent (100 %) of the cost of the employee (single) dental insurance premium. Dental benefits apply to full -time employees only. 23.2 Life Insurance - The EMPLOYER shall provide a life insurance policy with a benefit value of thirty thousand dollars ($30,000) for all full -time employees. 23.3 Lonq -Term Disability Insurance - The Employer will provide Long -Term Disability Insurance with the cost of such being fully paid by the EMPLOYER for full -time employees and regular part -time employees who work (and are on payroll) at 20 or more hours per week. Such Long -Term Disability Insurance shall be coordinated with other benefits provided in this contract. Employees are not eligible for vacation, sick leave and annual leave accrual while receiving Long -Term Disability payments except for hours on payroll using accrued leave. Employees who were hired into positions at 15 -19 hours per week before 1 -1 -03 and remain continuously at 15 or more hours per week will be eligible for this benefit on a pro -rated basis as they were prior to 1 -1 -03. W Packet Page Number 38 of 177 Attachment 1 23.4 Short -Term Disability Insurance — The EMPLOYER agrees to provide optional short -term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the Employee's cost. 23.5 If and when AFSCME is ready to negotiate a Retiree Health Savings Plan, the City will schedule a meeting to begin the process. 23.6 Employees will be eligible to elect coverage in the City's optional Long -term care benefit at the employees cost, if they meet the criteria established in the plan. ARTICLE 24 : UNIFORMS Employees in Building, Street, Park, Utility and Vehicle Maintenance shall be provided with uniforms maintained by the EMPLOYER. The EMPLOYER will provide uniforms for CSO and CSO /Paramedic positions. Lifeguard staff will be provided with three (3) sets of t- shirts and shorts annually. All other regular part -time Park and Recreation employees will be provided with three (3) shirts on an annual basis. One (1) pair of coveralls will be provided for Park, Utility, and Street Maintenance Workers, the Mechanics, Engineer Technicians, Building Inspectors, and the Environmental Health Officer. These coveralls are not to be used outside of City work and will normally be kept on City premises. No additional coveralls will be provided unless the coveralls are obviously ruined at work. The EMPLOYER agrees to pay up to $200 toward the cost of safety -toed boots annually for those employees required by the EMPLOYER to wear them. The EMPLOYER will pay for a second pair (if needed) due to the boots being obviously ruined at work. If a second pair is needed, it is understood the employee will normally not need a new pair the following year. ARTICLE 25 : TRAVEL AND MEAL ALLOWANCE 25.1 Mileage - The EMPLOYER agrees to pay the City - approved rate (which is tied to the IRS - approved rate) to employees as requested by the EMPLOYER to use their private vehicle for official City business. An additional five dollars ($5) per day shall be paid for required use of an employee's car on a public works construction project. Employees shall not reasonably decline to use their vehicles on and/or to construction sites when requested. 25.2 Meals - A. If employees are required to travel outside of the area in performance of their duties as a City employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. However, the City will not reimburse employees for meals connected with training held within Maplewood City limits, unless meals are provided as part of the training. Reimbursement for travel expenses will be allowed at coach rates for air travel. B. For in state training approved by the City Manager, the Employer will pay for the conference fees, transportation costs and reasonable costs for meals and lodging for full -time employees. C. Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. Per diem meal and incidental expenses as set forth in the 17 Packet Page Number 39 of 177 Attachment 1 annual General Services Administration Meals and Incidentals Expenses Table located on the internet at rv.gsa.gov /mie will be allowed without receipts being required. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. Also, if a meal is provided as part of the training, seminar, conference or other event being attended, an appropriate deduction shall also be made for that meal. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. ARTICLE 26 : PERSONNEL FILES A copy of any material to be placed in an employee's personnel file during the term of this AGREEMENT shall be provided to said employee. All disciplinary action material more than three (3) years old will not be used in further disciplinary actions. The EMPLOYER will remove past discipline from the employee's personnel file if there has been no further discipline within the past five (5) years. ARTICLE 27 ; NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 28: LEGAL DEFENSE 28.1 No Legal Defense - Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of employee judgmental decision outside the scope of their employment may not receive legal defense by the City. 28.2 Reimbursement for Legal Defense - Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of their employment, when such act is performed in good faith and under direct order of their supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 29 ; REQUIRED LICENSES The City agrees to reimburse employees for job related required licenses or certifications and renewal of same, except driver licenses. ARTICLE 30 SAFETY 30.1 Joint Safety — The Employer and the Bargaining Group agree to jointly promote safe and W. Packet Page Number 40 of 177 Attachment 1 healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 30.2 Safety Committee — The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 31: LEADPERSON Lead persons shall receive a pay differential according to the Wage Schedule in Appendix C for that period of time that they are assigned the duties of any crew chief position or that of Parks Maintenance Foreman or Chief Building Engineer by the appropriate department head or designated supervisor. ARTICLE 32 TOOLS Those employees classified as mechanics (Mechanic Crew Chief, Heavy Equipment Mechanic and VEM Technician) shall be paid an annual tool allowance of up to $410 effective 1 -1 -09 and $425 effective 1 -1 -10 and thereafter on the condition that employees provide receipts and they are reimbursed based on the receipts. Said mechanics agree to provide, at no expense to the City, all basic tools (including metric) necessary for the performance of their jobs, excluding special tools. The City will provide all special tools required to perform the duties of the job. The annual tool allowance will be pro -rated in the first and last year of employment based on percentage of the year worked. In addition, the supervisor must approve all tool reimbursements allowed by this provision in an employee's last year of service with the City. ARTICLE 33 : EDUCATION The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as "Microsoft Word@ "), upon successful completion with a "C" grade or better, seventy -five (75 %) reimbursement upon completion with a "B" grade or better and eighty five percent (85 %) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non- working hours. Part-Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro -rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 34 : RESERVED ARTICLE 35 : WAGE SCHEDULE 35.1 Cost of Living Effective 1 -1 -11, increase wages by 0% 19 Packet Page Number 41 of 177 Effective 1 -1 -12, increase wages by 1% Attachment 1 35.2 New Salary Ranges — New salary ranges are adopted with the 2001 -2002 contract. Employees who had previously been at longevity steps that pay more than the new ranges will be able to retain their pay rates and will be eligible for cost -of- living increases. The new salary ranges have eight (8) steps. Movement within the range is based on a combination of time in position and performance. Employees will be eligible for step movement once per year on their anniversary date until they reach Step 8. If an employee received a performance rating that is below satisfactory (below good) on any of the major performance dimensions, their step movement will be delayed until such time as they have received two consecutive fully satisfactory performance reviews. Once a delayed increase is provided, the new eligibility date for pay increases for that employee will change to the date the delayed increase went into effect. Employees will normally be hired at Step 1 of the range. Exceptions can be approved by the City Manager. Employees who are promoted will move to a step which gives them an increase over their pre - promoted pay rate. In addition to the hourly rates provided in the Contract, $100 per month will be paid in deferred compensation to each full -time employee, beginning 01101/04. Those with 15 years of service will receive an additional $5/month (to $105) Those with 20 years of service will receive an additional $10 (to $110) Those with 25 years of service will receive an additional $15 (to $115) Those with 30 years of service will receive an additional $20 (to $120) Deferred Compensation is pro -rated for part -time employees who work 20 hours per week or more (and for those who work 15 -19 hours /week who were grand - fathered in on 1- 1 -03). Those who work less than 20 hours per week and who were hired 1 -1 -03 or after are not eligible for city -paid deferred compensation. All deferred comp payments set forth above shall only be paid if the Employee matches the contribution from the City. If the Employees' contribute a lesser amount than set forth above, the Employer will match the lesser amount. ARTICLE 36: WAIVER 36.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 36.2 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 conditions 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. 36.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement 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 20 Packet Page Number 42 of 177 ARTICLE 38: DURATION This AGREEMENT shall be effective January 1, 2009, and shall remain in full force and effect until the thirty -first (31 st) day of December 2010. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 2009. FOR THE CITY: Mayor City Manager Human Resource Department 22 Packet Page Number 43 of 177 Attachment 1 employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 37 : SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. 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 provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. 21 Packet Page Number 44 of 177 i ■ ■ , ■ 1 A.F.S.C.M.E. 2011 Salary Ranges (with 0% increase) 23 26.44 26.93 23.38 23.81 Packet Page Number 45 of 177 Step 1 2 3 4 5 6 7 8 Accountant 27.43 28.80 30.24 31.75 32.70 33.69 34.36 35.05 Accounting Technician 20.13 21.13 22.19 23.29 23.99 24.71 25.20 25.71 Administrative Assistant 19.46 20.44 21.45 22.54 23.21 23.91 24.38 24.86 Administrative Office Coordinator 21.41 22.48 23.60 24.78 25.52 26.30 26.82 27.35 Building Custodian 15.92 16.73 17.56 18.44 18.98 19.56 19.94 20.35 Building Inspector 26.35 27.67 29.05 30.50 31.42 32.36 33.01 33.66 Building Inspector Apprentice 21.08 22.13 23.24 24.40 25.13 25.88 26.41 26.93 Building Maintenance Worker 17.51 18.40 19.30 20.27 20.88 21.51 21.94 22.37 Civil Engineer 1 27.91 29.30 30.79 32.31 33.29 34.28 34.97 35.67 Civil Engineer 11 30.71 32.25 33.86 35.56 36.63 37.72 38.47 39.24 Code Enforcement Officer 26.59 27.92 29.32 30.79 31.70 32.66 33.31 33.98 Community Gym Rep 12.90 13.54 14.21 14.92 15.38 15.83 16.15 16.48 CSO 17.77 18.66 19.58 20.56 21.19 21.83 22.25 22.70 Customer Service Associate 9.13 9.59 10.07 10.57 10.89 11.22 11.43 11.67 Customer Service Representative 12.90 13.54 14.21 14.92 15.38 15.83 16.15 16.48 Engineering Technician 21.02 22.08 23.19 24.35 25.08 25.83 26.35 26.86 Engineering Technician, Sr. 26.06 27.35 28.73 30.17 31.06 32.00 32.64 33.29 Environmental Health Official 26.59 27.92 29.32 30.79 31.70 32.66 33.31 33.98 Environmental Planner 30.85 32.40 34.02 35.72 36.79 37.89 38.66 39.45 Facility Technician 18.29 19.20 20.16 21.17 21.81 22.45 22.91 23.37 Heavy Equipment Mechanic 20.86 21.90 22.99 24.15 24.87 25.62 26.13 26.66 Lead Custodian 18.29 19.20 20.16 21.17 21.81 22.45 22.91 23.37 Lead Licensing Specialist 19.76 20.73 21.77 22.87 23.55 24.26 24.74 25.24 Lifeguard 10.37 10.90 11.43 12.01 12.37 12.74 12.99 13.25 Maintenance Worker 20.34 21.36 22.43 23.55 24.26 24.99 25.48 25.99 Maintenance Trainee 19.37 Marketing /Public Relations Spec. 23.96 25.15 26.42 27.75 28.56 29.43 30.01 30.61 Mechanic Crew Chief 22.94 24.08 25.29 26.56 27.35 28.17 28.74 29.30 Naturalist 21.97 23.06 24.23 25.42 26.19 26.98 27.52 28.07 Office Specialist 17.96 18.85 19.80 20.79 21.40 22.05 22.50 22.95 Planner 26.83 28.18 29.59 31.06 32.00 32.96 33.62 34.30 Public Works Operations Analyst 26.05 27.35 28.73 30.15 31.06 31.99 32.63 33.28 Receptionist 17.08 17.93 18.83 19.78 20.36 20.98 21.39 21.83 Sanitary Sewer Crew Chief 22.37 23.50 24.67 25.89 26.69 27.48 28.03 28.59 Storm Sewer Crew Chief 22.37 23.50 24.67 25.89 26.69 27.48 28.03 28.59 Street Maintenance Crew Chief 22.37 23.50 24.67 25.89 26.69 27.48 28.03 28.59 Technical Assistant -- Police 27.93 29.33 30.80 32.33 33.30 34.31 34.99 35.69 VEM Technician 17.71 18.59 19.52 20.50 21.10 21.74 22.18 22.62 23 26.44 26.93 23.38 23.81 Packet Page Number 45 of 177 V1V_A___T9 _ A.F.S.C.M.E. 2012 Salary Ranges (with 1% increase) 24 25.58 26.06 26.70 27.20 23.61 24.05 Packet Page Number 46 of 177 Step 1 2 3 4 5 6 7 8 Accountant 27.70 29.09 30.54 32.07 33.03 34.03 34.70 35.40 Accounting Technician 20.33 21.34 22.41 23.52 24.23 24.96 25.45 25.97 Administrative Assistant 19.65 20.64 21.66 22.77 23.44 24.15 24.62 25.11 Administrative Office Coordinator 21.62 22.70 23.84 25.03 25.78 26.56 27.09 27.62 Building Custodian 16.08 16.90 17.74 18.62 19.17 19.76 20.14 20.55 Building Inspector 26.61 27.95 29.34 30.81 31.73 32.68 33.34 34.00 Building Inspector Apprentice 21.29 22.35 23.47 24.64 25.38 26.14 26.67 27.20 Building Maintenance Worker 17.69 18.58 19.49 20.47 21.09 21.73 22.16 22.59 Civil Engineer 1 28.19 29.59 31.10 32.63 33.62 34.62 35.32 36.03 Civil Engineer II 31.02 32.57 34.20 35.92 37.00 38.10 38.85 39.63 Code Enforcement Officer 26.86 28.20 29.61 31.10 32.02 32.99 33.64 34.32 Community Gym Rep 13.03 13.68 14.35 15.07 15.53 15.99 16.31 16.64 CSO 17.95 18.85 19.78 20.77 21.40 22.05 22.47 22.93 Customer Service Associate 9.22 9.69 10.17 10.68 11.00 11.33 11.54 11.79 Customer Service Representative 13.03 13.68 14.35 15.07 15.53 15.99 16.31 16.64 Engineering Technician 21.23 22.30 23.42 24.59 25.33 26.09 26.61 27.13 Engineering Technician, Sr. 26.32 27.62 29.02 30.47 31.37 32.32 32.97 33.62 Environmental Health Official 26.86 28.20 29.61 31.10 32.02 32.99 33.64 34.32 Environmental Planner 31.16 32.72 34.36 36.08 37.16 38.27 39.05 39.84 Facility Technician 18.47 19.39 20.36 21.38 22.03 22.67 23.14 23.60 Heavy Equipment Mechanic 21.07 22.12 23.22 24.39 25.12 25.88 26.39 26.93 Lead Custodian 18.47 19.39 20.36 21.38 22.03 22.67 23.14 23.60 Lead Licensing Specialist 19.96 20.94 21.99 23.10 23.79 24.50 24.99 25.49 Lifeguard 10.47 11.01 11.54 12.13 12.49 12.87 13.12 13.38 Maintenance Worker 20.54 21.57 22.65 23.79 24.50 25.24 25.73 26.25 Maintenance Trainee 19.56 Marketing /Public Relations Spec. 24.20 25.40 26.68 28.03 28.85 29.72 30.31 30.92 Mechanic Crew Chief 23.17 24.32 25.54 26.83 27.62 28.45 29.03 29.59 Naturalist 22.19 23.29 24.47 25.67 26.45 27.25 27.80 28.35 Office Specialist 18.14 19.04 20.00 21.00 21.61 22.27 22.73 23.18 Planner 27.10 28.46 29.89 31.37 32.32 33.29 33.96 34.64 Public Works Operations Analyst 26.31 27.62 29.02 30.45 31.37 32.31 32.96 33.61 Receptionist 17.25 18.11 19.02 19.98 20.56 21.19 21.60 22.05 Sanitary Sewer Crew Chief 22.59 23.74 24.92 26.15 26.96 27.75 28.31 28.88 Storm Sewer Crew Chief 22.59 23.74 24.92 26.15 26.96 27.75 28.31 28.88 Street Maintenance Crew Chief 22.59 23.74 24.92 26.15 26.96 27.75 28.31 28.88 Technical Assistant -- Police 28.21 29.62 31.11 32.65 33.63 34.65 35.34 36.05 VEM Technician 17.89 18.78 19.72 20.71 21.31 21.96 22.40 22.85 24 25.58 26.06 26.70 27.20 23.61 24.05 Packet Page Number 46 of 177 UT1.1 UWM_1TK4N DIFFERENTIAL PAY A. Employees operating the following equipment shall be paid a differential of $1.00 per hour in addition to their regular wage while they operate the following heavy equipment: Motor Patrol Pick -Up Sweeper Oil Distributor Roller (6 ton or over) Traxcavator Bulldozer BackhoelLoader Snow Wings when in use Vac -All when used as sweeper Aquatech when used as a combination machine Front -End Loader (if operated by an employee over one (1) continuous hour in a given day) Differential pay for leadperson shall be $1.08 per hour. (See Article 31) Differential pay for Lifeguard as Water Safety Instructor or Head Lifeguard shall be $1.00 per hour. Differential pay for Customer Service Representative and Customer Service Associate as Manager on Duty shall be $1.00 per hour. 25 Packet Page Number 47 of 177 !-■ f f CITY OF MAPLEWOOD ANNUAL LEAVE PROGRAM A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the City's vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best "fit" for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor's certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employee's ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by the employee's supervisor, a doctor's statement will not be required.) D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 26 Packet Page Number 48 of 177 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days Attachment 1 Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part -time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part -time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro -rated annual leave. Annual leave will accrue on a pay - period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62 -day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as "deferred sick leave" until the balance was exhausted. Deferred sick leave can be used for any doctor - certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for more than two (2) consecutive days. If an employee knows they will be out for more than two (2) consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know —in advance —they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one - for -one basis for employees who converted from vacation /sick leave to annual leave. G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March, 1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short -Term Disability Insurance - The City adopted an optional short -term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has a long -term disability program in place where benefits begin at ninety (90) calendar days. Short -term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay 27 Packet Page Number 49 of 177 Attachment 1 provided by short- and long -term disability insurance payments and their regular take -home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay benefits dependent upon an employee's start date. Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one - for -one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed eighty (80) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employee's current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid in a separate check. Regular rate for the purpose of this policy is the employee's straight time rate not including overtime, pay differentials, out -of -class adjustments or any other additions to regular pay. W:3 Packet Page Number 50 of 177 UT For those Employees who choose the High Deductible Health Plan (hereafter the "HDHP ") and elect single coverage, the Employer shall deposit $1,900.00 into a Health Reimbursement Account ( "HRA ") for the Employee for each year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the Employer shall deposit $3,200.00 into an HRA for the Employee for each year the Employee participates in the HDHP. Employees who were hired and became covered under the HDHP during the term of the 2009 -2010 contract shall be grandfathered in, up to three years from their start date, at the same deductible vs. contribution level as set forth in the 2009 -2010 contract. The City shall make such deposits by way of pro -rata contributions every two weeks to each Employee's Health Reimbursement Account for each Employee who chooses the HDHP. The City will also provide a funding option which shall be available to any Employee who requires earlier funding of the City's contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting that request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. 29 Packet Page Number 51 of 177 Attachment 2 AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN Ull 0 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 — O Fire Officers January 1, 2011 through December 31, 2012 Packet Page Number 52 of 177 Attachment 2 Table of Contents ARTICLE I PURPOSE AND I NTENT ....................................... .. .. .. .. .. .. .. .. .............1 ARTICLE II RECOGNITION --------------------------------------------------------------------------- - - - - - ARTICLE III DEFINITIONS ----------------------------------------------------------------------------- - - - - - ARTICLE IV ASSOCIATION SECURITY ............................... ..............................2 ARTICLE V EMPLOYER AUTHORITY .................................. ..............................3 ARTICLE VI GRIEVANCE PROCEDURE ............................. ..............................3 ARTICLE VII NON - DISCRIMINATION ................................... ..............................5 ARTICLE VII SENIORITY------------------------------------------------------------------------------- - - - -- ARTICLE IX ANNUAL LEAVE ------------------------------------------------------------------------ - - - -- ARTICLE X INSURANCE ------------------------------------------------------------------------------- - - - -- ARTICLE XI CLOTHING AND EQUIPMENT ......................... ..............................9 ARTICLE XII HOURS ------------------------------------------------------------------------------------- - - - - - ARTICLE XI II HOLIDAYS ------------------------------------------------------------------------------ - - -- ARTICLE XIV TUITION REIMBURSEMENT ........................ .............................11 ARTICLE XV DI SCI PLI NE----------------------------------------------------------------------------- - - -- ARTICLE XVI WAGES----------------------------------------------------------------------------------- - - - - ARTICLE XVI I INJURY ON DUTY- SALARY CONTINUAT ION ....................... 13 ARTICLE XVIII WORKING OUT OF CLASSIFI CATION ...... .............................14 ARTICLE XIX WAIVER AND SAVINGS CLAUSE ................ .............................14 ARTICLE XX DURATION ----------------------------------------------------------------------------- - - -- AddendumA --------------------------------------------------------------------------------------------------- - - -- AddendumB --------------------------------------------------------------------------------------------------- - - --17 Packet Page Number 53 of 177 Attachment 2 ARTICLE II PURPOSE AND INTENT This Agreement entered into as of January 1, 2011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called "EMPLOYER" and /or "City ", and the International Association of Firefighters, Fire Officers, Local 4470 -0 hereinafter called the "ASSOCIATION" and /or "Union" and /or "Collective Bargaining Group" and /or "Group." It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 11 RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative, for the following classifications: Fire Captain — EMT Fire Captain — Paramedic 2.2 In the event the EMPLOYER and the ASSOCIATION 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 111 DEFINITIONS 3.1 Association: International Association of Fire Fighters, Local 4470 -0. 3.2 Association Member: A Member in good standing of Local 4470 -0, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.5 Days: Unless otherwise indicated, days mean calendar days. 3.6 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the EMPLOYER at a time other than regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back. Packet Page Number 54 of 177 Attachment 2 3.7 Employee: A member of the international Association of Fire Fighters, Local 4470, covered by this AGREEMENT. 3.8 Employer: City of Maplewood, Minnesota. 3.9 Job Class Seniority: Employee's length of continuous service in a job class. 3.10 Layoff: Separation from service with the EMPLOYER, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.11 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.12 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.13 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.14 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3.15 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.16 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the listed classifications of personnel specified in 2.1, the EMPLOYER shall deduct from the wages of employees, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay - period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. 2 Packet Page Number 55 of 177 Attachment 2 4.2 The ASSOCIATION may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The ASSOCIATION 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 in accordance with the provisions of this Article. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all staff, facility and equipment; to establish functions and programs; to set and amend policies, procedures and 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 perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this AGREEMENT shall remain solely within the discretion of the EMPLOYER. 5.3 The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this AGREEMENT, the term "grievance" means any dispute between the EMPLOYER and the Employee(s) concerning the interpretation or application of the specific terms and conditions of this AGREEMENT. Both parties recognize that should a provision of this AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any Employment Rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. Packet Page Number 56 of 177 Attachment 2 6.2 First Step The Employee, with or without the Steward, shall take up the grievance or dispute with the Employee's immediate supervisor within twenty one (21) days of the date of the grievance or the Employee's knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. If the immediate supervisor is the Department Head, the grievance procedure shall begin at the second step. 6.3 Second Step If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within fourteen (14) days after the Supervisor's response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the AGREEMENT allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by an Officer the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice- President or Steward. If such written request is made, the Department Head, or his/her designee, shall meet with the Employee and the Steward within fourteen (14) days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within fourteen (14) days after the meeting. 6.4 Third Step If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager, of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within twenty one (21) days after receipt of the Department Head's Second Step response. If such request is made, the grievance shall be reviewed at meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and /or Representative, within fifteen (15) days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) days after the date the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. 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 or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the 4 Packet Page Number 57 of 177 Attachment 2 hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.7 The fees and expenses for the arbitrator's service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the 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 ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) days after the Employee's receipt of the notice of suspension, demotion, or discharge. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee's right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours, only when consistent with such Employee's duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Meetings held during a steward's non - working hours will not be paid time. ARTICLE VII NON- DISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. Packet Page Number 58 of 177 Attachment 2 ARTICLE VI11 SENIORITY 8.1 Seniority is defined as a regular Employee's length of continuous service with the EMPLOYER since the Employee's last hire date. No time shall be deducted from an Employee's seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the Employees date of birth, with the earliest date receiving a higher ranking. 8.3 An Employee's Bargaining Unit seniority shall be terminated: a) If the Employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty -one (21) days after the EMPLOYER sends a written notice of recall by certified mail to the Employees last address on record with the EMPLOYER. C) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this AGREEMENT. 8.6 All Employees will serve an additional probationary period of six months when promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Deputy Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Shifts will be bid semi - annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any shift, shifts may be re -bid as deemed necessary by the EMPLOYER. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to shift bidding. The Fire Chief and the Association President may agree to re- bidding earlier than scheduled if situations occur warranting such modification. I Packet Page Number 59 of 177 Attachment 2 Employees may select two continuous vacation periods by seniority semi- annually. Any requests for more than two consecutive rotations requires Fire Chief approval. ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personal Policies with the following exceptions: Employees on a 2912 hours per year annual schedule shall accrue: a. Nine 24 hour annual leave days (216 hours) per year in years one through four of continuous service to the City; and b. Twelve 24 hour annual leave days (288 hours) per year in years five through eleven of continuous service to the City; and c. Fourteen 24 hour annual leave days (336 hours) per year in years twelve through twenty of continuous service to the City; and d. Sixteen 24 hour annual leave days (384 hours) per year in years twenty one and above of continuous service to the City. 9.2 Annual Leave shall not accrue during unpaid leaves. Regular Part -Time Employees shall accrue Annual Leave on a pro -rated basis, based on regular hours worked. Annual Leave will accrue on a pay- period basis for up to 694 for a 2912 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2912 hour schedule shall accrue and bank annual leave on a pro rata basis compared to the 2080 hour per year schedule accrual. {increased or decreased proportionally} 9.4 Unpaid Leave — Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion — Annual Leave will be eligible for conversion to cash or deferred compensation on a one- for -one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred thirty three (133) hours, may be converted each year provided the Employee has used a minimum of 30% of their Annual Accrual during the current calendar year and has a minimum balance of at least 190 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the Employee's currently hourly rate on December 1. 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. 7 Packet Page Number 60 of 177 Attachment 2 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro -rated based on the number of scheduled hours per year. 9.8 Approval of City paid hours in lieu of Annual Leave usage for hours spent at approved training that benefits the City will be reasonably considered by the Fire Chief. ARTICLE X INSURANCE 10.1 Health Insurance —The Employer will pay 100% of the cost of the employee (single) health insurance premium, and 50% plus $45 toward the cost of the monthly dependent health insurance premium, for the High Deductible Health Plan (hereafter the "HDHP "). For any employee who chooses to participate in any other plan offered by the City, if any, the City will only contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families towards the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. All Employees hired after January 1, 2009 shall only be offered the HDHP. The Employer shall also contribute towards the cost for insurance as more fully set forth in Addendum B attached hereto and incorporated herein by reference. Any changes that are presented at renewal will be discussed through the Insurance Labor— Management Committee process. The EMPLOYER shall pay one hundred percent (100 %) of the cost of the employee (single) dental insurance premium. These benefits apply to full -time Employees only. 10.2 Life Insurance — The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty thousand dollars ($30,000) for all full -time Employees. Full -Time employees may purchase additional coverage at the Employee's own expense under the plan. 10.3 Long -Term Disability Insurance - The EMPLOYER will provide long -term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long -Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long -Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre - disability wage while out on disability leave. 10.4 Short-Term Disability Insurance — The EMPLOYER agrees to provide optional short -term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the Employee's cost. 10.5 Retiree Health Savings Account- Effective December 1, 2004 Employees will participate in a Retiree Health Savings Account as defined in Addendum A attached to this AGREEMENT. Packet Page Number 61 of 177 Attachment 2 ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and equipment which shall include: four long sleeve shirts, four short sleeve shirts, four pair pants, one tie, one summer jacket, one winter jacket, belt, station boots, 4 station t- shirts, one stocking hat, badges, name plates and all insignia's. Thereafter the EMPLOYER will provide each Employee $ 400.00 per year for necessary replacement of uniform items due to normal wear and tear. Clothing and equipment severely damaged in the line of duty will be replaced by the EMPLOYER at no cost to the Employee. ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally take Meal Breaks and Rest Breaks during each Scheduled Shift as time and circumstances permit while remaining on continual duty. Such meal and rest periods may be interrupted. 12.2 It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12.3 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his/her designee. 12.4 EMERGENCY CALLOUT - An Employee called immediately back to work at a time other than the Employee's normal scheduled shift shall receive a minimum of two (2) hours pay at time and a half. Reporting early for a shift of the extension of a shift shall not qualify for the two -hour minimum. To receive the minimum 2 hours callback pay described in 12.4, Employees must arrive at the station or scene within 20 minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than 20 minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one -half for only actual hours worked beginning with time of arrival. 12.5 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic on call, employees will receive ' / hour for each hour authorized to be on call. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest 15 minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non - paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. 12.7 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 7 Packet Page Number 62 of 177 Attachment 2 12.8 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two -way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.9 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two weeks notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least 48 hours in advance of the change when the Employer has at least that much notice of the need for a change. Regular shift overtime available due to vacation time requested semi - annually pursuant to Article 8.8 ( "Bid Overtime ")will be offered to bargaining unit Employees prior to being offered outside the bargaining unit. Any other vacation or time off that has not been bid through the semi - annual bid process (Non -Bid Overtime ") will be filled at the discretion of the Fire Chief who shall reasonably consider Association Members first for such overtime when possible. Any Bid Overtime still remaining available seven days prior to the shift(s) to be so covered shall be offered to any employees in any manner deemed at the sole discretion of the Chief or his designee to be in the best interests of the Fire Department. Paramedic shifts shall only be filled by other paramedics unless otherwise authorized by the Fire Chief, EMT shifts can only filled by other EMT's unless otherwise authorized by the Fire Chief, When off duty Employees are scheduled to attend a meeting which gets cancelled with less than 24 hours notice, the Employee will receive 2 hours of pay. When at least one week notice is given for regular scheduled meetings, the minimum pay shall be 1 hour rather than 2 hours. 12.10 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies if necessary. ARTICLE XIII HOLIDAYS 13.1 Designated Holidays — Full -Time Employees shall be compensated for holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): 1. New Year's Day 2. Martin Luther King's Birthday 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Day January 1St 3` Monday in January 3` Monday in February Last Monday in May July 4th 1S Monday in September November 11 4 th Thursday in November 4 th Friday in November December 25 10 Packet Page Number 63 of 177 Attachment 2 The number of holiday hours for Employees covered by this AGREEMENT who do not work 24 hour shifts will be proportional (based on their annual schedule) to those who work 2080 hours per year. The number of holiday hours for EMPLOYEES covered by the AGREEMENT who do work 24 hour shifts will be 120 hours per year. Personal Holidays — Full -Time Employees who do not work 24 hour shifts shall also receive Personal Holidays, the amount of personal holiday hours will be prorated based on their annual schedule as described above. Full time EMPLOYEES who do work 24 hour shifts shall receive three 24 hour personal holidays per year. The date of such Personal Holiday shall be requested by the Employee and approved by the EMPLOYER. 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double -time for all hours actually worked on these Holidays instead of time and one -half. 13.3 If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one -half for all hours worked on the day. If an Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one -half for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. ARTICLE XIV TUITION REIMBURSEMENT 14.1 The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as "Microsoft Word@ "), upon successful completion with a "C" grade or better, seventy -five (75 %) reimbursement upon completion with a "B" grade or better and eighty five percent (85 %) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non - working hours. Part -Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro -rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. 14.2 Employees who receive city -paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 11 Packet Page Number 64 of 177 Attachment 2 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the Employee's personnel file. 15.4 Disciplinary action which is to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and /or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a Representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a Representative and it will be the Employee's responsibility to have the Representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five -year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE XVI WAGES Employees shall receive a 0% increase in 2011 and a 1 % increase in 2012 according to the following schedule: A. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2011 FIRE CAPTAIN/ EMT CAPT / PARAMEDIC Entry $ 2,200.18 bi weekly $ 2,302.19 bi weekly After 1 year $ 2,350.31 bi weekly $ 2,459.80 bi weekly After 2 years $ 2,510.78 biweekly $ 2,627.92 bi weekly After 3 years $ 2,682.55 bi weekly $ 2,811.05 biweekly After 5 years $ 2,759.03 biweekly $ 2,888.00 bi weekly After 10 years $ 2,791.61 biweekly $ 2,922.14 biweekly After 15 vears $ 2.824.22 bi weekly $ 2.956.28 bi weekly 12 Packet Page Number 65 of 177 Attachment 2 After 20 years $ 2,855.57 biweekly $ 2,989.14 biweekly B. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2012 FIRE CAPTAIN/ EMT CAPT / PARAMEDIC Entry $ 2,222.18 bi weekly $ 2,325.21 bi weekly After 1 year $ 2,373.81 bi weekly $ 2,484.40 bi weekly After 2 years $ 2,535.89 bi weekly $ 2,654.20 bi weekly After 3 years $ 2,709.38 bi weekly $ 2,839.16 bi weekly After 5 years $ 2,786.62 bi weekly $ 2,916.88 bi weekly After 10 years $ 2,819.53 bi weekly $ 2,951.36 bi weekly After 15 years $ 2,852.46 bi weekly $ 2,985.84 bi weekly After 20 years $ 2,884.13 bi weekly $ 3,019.03 bi weekly The above rates will be increased by up to one hundred fifty dollars ($150) per month, provided the Employee agrees to match the funds deposited by EMPLOYER and have the funds deposited in an approved deferred compensation plan (pro -rated for regular part -time employees). Fire Captains working while no higher ranking officer is on duty for the shift receive a supplemental payment of approximately $2.00 per hour. The amount of hours worked that are eligible for fire supplemental pay have been averaged pursuant to agreement between the parties and incorporated into the pay scales as stated above. ARTICLE XVII INJURY ON DUTY- SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to Employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off -duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of 150 calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the Employee can return to any duties for which the Employee may be capable and qualified. At the discretion of the City Manager, the injured Employee may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the Employee's full regular pay rate, either as direct payment from salary funds or as Worker's Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such Employee would have received for the period. Such injury leave shall not be charged against the Employee's annual leave. All payments made to the Employee will be reduced by the total amount of all other injury related benefits for which the Employee is provided as a result of the injury. The Employee must apply for all benefits for 13 Packet Page Number 66 of 177 Attachment 2 which the Employee is eligible as a result of public employment, as soon as the Employee is eligible. The EMPLOYER reserves the right to refuse injury -on -duty pay if such application is not made. In order to receive injury -on -duty pay, the illness or injury must be eligible under worker's compensation. 17.4 An Employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty -four (24) hours, any injury, however minor, to his/her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVI11 WORKING OUT OF CLASSIFICATION An Employee who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classification for at least one — half of a shift shall receive the starting rate of pay or a minimum of 5% above their normal pay rate for that higher classification for the duration of the assignment. ARTICLE XIX WAIVER AND SAVINGS CLAUSE 19.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT are hereby superceded. 19.2 The parties acknowledge that during the negotiations that 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 understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this AGREEMENT. 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT. 19.4 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. 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 provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision shall be negotiated at the request of either party. 14 Packet Page Number 67 of 177 Attachment 2 ARTICLE XX DURATION 20.1 This AGREEMENT shall be effective on the 1 at of January 2011 and shall remain in full force and effect through December 31S 2012. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq., that it desires to modify this AGREEMENT. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of 1 2010. FOR THE CITY: FOR THE ASSOCIATION: 15 Packet Page Number 68 of 177 Attachment 2 RHS PLAN FOR FT FIREFIGHTERS Participant and benefit eligibility criteria: Must be full -time employee, no minimum or maximum age and no years of service requirement. 2. Benefits will be limited to insurance premiums (health, dental, long -term care premiums, Medicare Part B, and Medicare supplements) and out -of- pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee's balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 4. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 16 Packet Page Number 69 of 177 Attachment 2 For those Employees who choose the High Deductible Health Plan (hereafter the "HDHP ") and elect single coverage, the Employer shall deposit $1,900.00 into a Health Reimbursement Account ( "HRA ") for the Employee for each year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the Employer shall deposit $3,200.00 into an HRA for the Employee for each year the Employee participates in the HDHP. Employees who were hired and became covered under the HDHP during the term of the 2009 -2010 contract shall be grandfathered in, up to three years from their start date, at the same deductible vs. contribution level as set forth in the 2009 -2010 contract. The City shall make such deposits by way of pro -rata contributions every two weeks to each Employee's Health Reimbursement Account for each Employee who chooses the HDHP. The City will also provide a funding option which shall be available to any Employee who requires earlier funding of the City's contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting that request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. 17 Packet Page Number 70 of 177 Attachment 3 AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN Ull 0 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 January 1, 2011 through December 31, 2012 Packet Page Number 71 of 177 Attachment 3 Table of Contents ARTICLE I: PURPOSE AND I NTENT ...................................... .. .. .. .. .. .. .. .. .............1 ARTICLE II RECOGNITION --------------------------------------------------------------------------- - - - - - ARTICLE III DEFINITIONS ----------------------------------------------------------------------------- - - - - - ARTICLE IV ASSOCIATION SECURITY ............................... ..............................3 ARTICLE V EMPLOYER AUTHORITY .................................. ..............................3 ARTICLE VI GRIEVANCE PROCEDURE ............................. ..............................4 ARTICLE VII NON - DISCRIMINATION------------------------------------------------------------ -----6 ARTICLE VII SENIORITY------------------------------------------------------------------------------- - - - - - ARTICLE IX ANNUAL LEAVE ------------------------------------------------------------------------ - - - -- ARTICLE X INSURANCE ------------------------------------------------------------------------------- - - - -- ARTICLE XI CLOTHING AND EQUIPMENT ......................... ..............................9 ARTICLE XII HOURS ------------------------------------------------------------------------------------- - - - - - ARTICLE XI II HOLIDAYS ------------------------------------------------------------------------------ - - -- ARTICLE XIV TUITION REIMBURSEMENT ........................ .............................11 ARTICLE XV DI SCI PLI NE----------------------------------------------------------------------------- - - -- ARTICLE XVI WAGES----------------------------------------------------------------------------------- - - -- ARTICLE XVI I INJURY ON DUTY- SALARY CONTINUAT ION ....................... 13 ARTICLE XVIII WORKING OUT OF CLASSIFI CATION ...... .............................14 ARTICLE XIX WAIVER AND SAVINGS CLAUSE ................ .............................14 ARTICLE XX DURATION ----------------------------------------------------------------------------- - - -- AddendumA --------------------------------------------------------------------------------------------------- - - -- AddendumB --------------------------------------------------------------------------------------------------- - - --18 Packet Page Number 72 of 177 Attachment 3 ARTICLE 1: PURPOSE AND INTENT This Agreement entered into as of January 1, 2011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called "EMPLOYER" and /or "City ", and the International Association of Firefighters Local 4470 hereinafter called the "ASSOCIATION" and /or "Union" and /or "Collective Bargaining Group" and /or "Group." It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 11 RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative, for All Full -Time Fire Fighters employed by the City of Maplewood, Minnesota who are public employees within the meaning of Minnesota Statutes 179A.04, Subdivision 14, excluding supervisory and confidential employees and Fire Officers who are covered by IAFF Local 4470 -0. This includes the following classifications: Fire Fighter — EMT Fire Fighter — Paramedic 2.2 In the event the EMPLOYER and the ASSOCIATION 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 Association: International Association of Fire Fighters, Local 4470. 3.2 Association Member: A Member in good standing of Local 4470, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the EMPLOYER at a time other than Packet Page Number 73 of 177 Attachment 3 regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back. 3.5 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.6 Days: Unless otherwise indicated, days mean calendar days. 3.7 Employee: A member of the international Association of Fire Fighters, Local 4470, covered by this AGREEMENT. 3.8 Employer: City of Maplewood, Minnesota. 3.9 Immediate Supervisor: The Fire Captain 3.10 Job Class Seniority: Employee's length of continuous service in a job class. 3.11 Layoff: Separation from service with the EMPLOYER, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.12 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.13 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.14 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.15 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3.16 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.17 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 2 Packet Page Number 74 of 177 Attachment 3 ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the listed classifications of personnel specified in 2.1, the EMPLOYER shall deduct from the wages of employees, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay - period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. 4.2 The ASSOCIATION may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EEMPLOYER as a result of any action taken or not taken by the EMPLOYER in accordance with the provisions of this Article. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all staff, facility and equipment; to establish functions and programs; to set and amend policies, procedures and 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 perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this AGREEMENT shall remain solely within the discretion of the EMPLOYER. 5.3 The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the EMPLOYER. Packet Page Number 75 of 177 Attachment 3 ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this AGREEMENT, the term "grievance" means any dispute between the EMPLOYER and the Employee(s) concerning the interpretation of application of the specific terms and conditions of this AGREEMENT. Both parties recognize that should a provision of this AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any Employment Rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 6.2 First Step The Employee, with or without the Steward, shall take up the grievance or dispute with the Employee's immediate supervisor within twenty one (21) days of the date of the grievance or the Employee's knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. 6.3 Second Step If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within fourteen (14) days after the Supervisor's response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the AGREEMENT allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by an Officer the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice- President or Steward. If such written request is made, the Department Head, or his/her designee, shall meet with the Employee and the Steward within fourteen (14) days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within fourteen (14) days after the meeting. 6.4 Third Step If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager, of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within twenty one (21) days after receipt of the Department Head's Second Step response. If such request is made, the grievance shall be reviewed at meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and /or Representative, within fifteen (15) days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) days after the date the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) days after receipt of such list, select the arbitrator by striking alternately one 4 Packet Page Number 76 of 177 Attachment 3 name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. 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 or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.7 The fees and expenses for the arbitrator's service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the 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 ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) days after the Employee's receipt of the notice of suspension, demotion, or discharge. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee's right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours, only when consistent with such Employee's duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and Packet Page Number 77 of 177 Attachment 3 would not be detrimental to the work programs of the EMPLOYER. Meetings held during a steward's non- working hours will not be paid time. ARTICLE VII NON- DISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE VI11 SENIORITY 8.1 Seniority is defined as a regular Employee's length of continuous service with the EMPLOYER since the Employee's last hire date. No time shall be deducted from an Employee's seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the Employees date of birth, with the earliest date receiving a higher ranking. 8.3 An Employee's Bargaining Unit seniority shall be terminated: a) If the Employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty -one (21) days after the EMPLOYER sends a written notice of recall by certified mail to the Employees last address on record with the EMPLOYER. C) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this AGREEMENT. 8.6 All Employees will serve an additional probationary period of six months when I Packet Page Number 78 of 177 Attachment 3 promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Deputy Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Shifts will be bid annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any shift, shifts may be re -bid as deemed necessary by the EMPLOYER. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to shift bidding. The Fire Chief and the Association President may agree to re- bidding earlier than scheduled if situations occur warranting such modification. Employees may select two continuous vacation periods by seniority semi- annually. Any requests for more than two consecutive rotations requires Fire Chief approval ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personal Policies with the following exceptions: Employees on a 2912 hours per year annual schedule shall accrue: a. Nine 24 hour annual leave days (216 hours) per year in years one through four of continuous service to the City; and b. Twelve 24 hour annual leave days (288 hours) per year in years five through eleven of continuous service to the City; and c. Fourteen 24 hour annual leave days (336 hours) per year in years twelve through twenty of continuous service to the City; and d. Sixteen 24 hour annual leave days (384 hours) per year in years twenty one and above of continuous service to the City. 9.2 Annual Leave shall not accrue during unpaid leaves. Regular Part -Time Employees shall accrue Annual Leave on a pro -rated basis, based on regular hours worked. Annual Leave will accrue on a pay - period basis for up to 694 for a 2912 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2912 hour schedule shall accrue and bank annual leave on a pro rata basis compared to the 2080 hour per year schedule accrual. {increased or decreased proportionally} 9.4 Unpaid Leave — Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior 7 Packet Page Number 79 of 177 Attachment 3 to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion — Annual Leave will be eligible for conversion to cash or deferred compensation on a one- for -one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred thirty three (133) hours, may be converted each year provided the Employee has used a minimum of 30% of their Annual Accrual during the current calendar year and has a minimum balance of at least 190 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the Employee's currently hourly rate on December 1. 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro -rated based on the number of scheduled hours per year. 9.8 Approval of City paid hours in lieu of Annual Leave usage for hours spent at approved training that benefits the City will be reasonably considered by the Fire Chief. ARTICLE X INSURANCE 10.1 Health Insurance —The Employer will pay 100% of the cost of the employee (single) health insurance premium, and 50% plus $45 toward the cost of the monthly dependent health insurance premium, for the High Deductible Health Plan (hereafter the "HDHP "). For any employee who chooses to participate in any other plan offered by the City, if any, the City will only contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families towards the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. All Employees hired after January 1, 2009 shall only be offered the HDHP. The Employer shall also contribute towards the cost for insurance as more fully set forth in Addendum B attached hereto and incorporated herein by reference. Any changes that are presented at renewal will be discussed through the Insurance Labor — Management Committee process. The EMPLOYER shall pay one hundred percent (100 %) of the cost of the employee (single) dental insurance premium. These benefits apply to full -time Employees only. 10.2 Life Insurance — The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty thousand dollars ($30,000) for all full -time Employees. Full -Time employees may purchase additional coverage at the Employee's own expense under the plan. Packet Page Number 80 of 177 Attachment 3 10.3 Long -Term Disability Insurance - The EMPLOYER will provide long -term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long -Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long -Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre - disability wage while out on disability leave. 10.4 Short -Term Disability Insurance — The EMPLOYER agrees to provide optional short -term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the Employee's cost. 10.5 Retiree Health Savings Account - Effective December 1, 2004 Employees will participate in a Retiree Health Savings Account as defined in Addendum A attached to this AGREEMENT. ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and equipment which shall include: four long sleeve shirts, four short sleeve shirts, four pair pants, one tie, one summer jacket, one winter jacket, belt, station boots, 4 station t- shirts, one stocking hat, badges, name plates and all insignia's. Thereafter the EMPLOYER will provide each Employee $ 400.00 per year for necessary replacement of uniform items due to normal wear and tear. Clothing and equipment severely damaged in the line of duty will be replaced by the EMPLOYER at no cost to the Employee. ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally take Meal Breaks and Rest Breaks during each Scheduled Shift as time and circumstances permit while remaining on continual duty. Such meal and rest periods may be interrupted. 12.2 It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12.3 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his /her designee. 12.4 EMERGENCY CALLOUT - An Employee called immediately back to work at a time other than the Employee's normal scheduled shift shall receive a minimum of two (2) hours pay at time and a half. Reporting early for a shift of the extension of a shift shall not qualify for the two -hour minimum. 7 Packet Page Number 81 of 177 Attachment 3 To receive the minimum 2 hours callback pay described in 12.4, Employees must arrive at the station or scene within 20 minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than 20 minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one -half for only actual hours worked beginning with time of arrival. 12.5 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic on call, employees will receive 'l4 hour for each hour authorized to be on call. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest 15 minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non - paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. 12.7 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 12.8 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two -way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.9 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two weeks notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least 48 hours in advance of the change when the Employer has at least that much notice of the need for a change. Regular shift overtime available due to vacation time requested semi- annually pursuant to Article 8.8 ( "Bid Overtime ")will be offered to bargaining unit Employees prior to being offered outside the bargaining unit. Any other vacation or time off that has not been bid through the semi - annual bid process (Non -Bid Overtime ") will be filled at the discretion of the Fire Chief who shall reasonably consider Association Members first for such overtime when possible. Any Bid Overtime still remaining available seven days prior to the shift(s) to be so covered shall be offered to any employees in any manner deemed at the sole discretion of the Chief or his designee to be in the best interests of the Fire Department. Paramedic shifts shall only be filled by other paramedics unless otherwise authorized by the Fire Chief, EMT shifts can only filled by other EMT's unless otherwise authorized by the Fire Chief, When off duty Employees are scheduled to attend a meeting which gets cancelled with less than 24 hours notice, the Employee will receive 2 hours of pay. When at least one week notice is given for regular scheduled meetings, the minimum pay shall be 1 hour rather than 2 hours. 10 Packet Page Number 82 of 177 Attachment 3 12.10 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies if necessary. ARTICLE XIII HOLIDAYS 13.1 Designated Holidays — Full -Time Employees shall be compensated for holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): 1. New Year's Day 2. Martin Luther King's Birthday 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Day January 1St 3` Monday in January 3` Monday in February Last Monday in May July 4th 1S Monday in September November 11 4 Thursday in November 4 Friday in November December 25 The number of holiday hours for Employees covered by this AGREEMENT will be 120 hours per year. Personal Holidays — Full -Time Employees shall also receive three 24 hour Personal Holidays. The date of such Personal Holiday shall be requested by the Employee and approved by the EMPLOYER. 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double -time for all hours actually worked on these Holidays instead of time and one -half. 13.3 If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one -half for all hours worked on the day. If an Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one -half for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. ARTICLE XIV TUITION REIMBURSEMENT 14.1 The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as "Microsoft Word@ "), upon successful completion with a "C" grade or better, seventy -five (75 %) reimbursement upon completion with a "B" grade or better and eighty five percent (85 %) reimbursement upon completion 11 Packet Page Number 83 of 177 Attachment 3 with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non - working hours. Part -Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro -rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. 14.2 Employees who receive city -paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the Employee's personnel file. 15.4 Disciplinary action which is to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a Representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a Representative and it will be the Employee's responsibility to have the Representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five -year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. 12 Packet Page Number 84 of 177 Attachment 3 ARTICLE XVI WAGES Employees shall receive a 0% increase for 2011 and a 1 % increase for 2012 and be compensated according to the following schedule: A. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2011 FIRE FIGHTER PARAMEDIC Entry $ 1,948.69 biweekly $ 2,046.60 After 1 year $ 2,084.81 bi weekly $ 2,189.88 After 2 years $ 2,230.48 bi weekly $ 2,342.74 After 3 years $ 2,386.91 bi weekly $ 2,506.32 After 5 years $ 2,456.16 bi weekly $ 2,579.15 After 10 years $ 2,486.01 bi weekly $ 2,610.19 After 15 years $ 2,514.68 bi weekly $ 2,641.24 After 20 years $ 2, 544.52 biweekly $ 2,671.09 A. WAGE SCHEDULE EFFECTIVE JANUARY 1 2012 FIRE FIGHTER PARAMEDIC Entry $ 1,968.18 biweekly $ 2,067.07 After 1 year $ 2,105.66 bi weekly $ 2,211.78 After 2 years $ 2,252.78 bi weekly $ 2,366.18 After 3 years $ 2,410.78 bi weekly $ 2,531.38 After 5 years $ 2,480.72 bi weekly $ 2,604.94 After 10 years $ 2,510.87 bi weekly $ 2,360.29 After 15 years $ 2,539.83 bi weekly $ 2,667.65 After 20 nears $ 2.569.97 bi weekly $ 2.697.80 The above rates will be increased by up to one hundred fifty dollars ($150) per month, provided the Employee agrees to match the funds deposited by EMPLOYER and to have the funds deposited in an approved deferred compensation plan (pro -rated for regular part -time employees). The EMPLOYER reserves the right to start new Employees who are experienced firefighters or paramedics at any rate up to and including the "after 2 years" step. ARTICLE XVII INJURY ON DUTY- SALARY CONTINUATION 13 Packet Page Number 85 of 177 Attachment 3 17.1 Leave of absence with pay shall be granted to Employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off -duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of 150 calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the Employee can return to any duties for which the Employee may be capable and qualified. At the discretion of the City Manager, the injured Employee may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the Employee's full regular pay rate, either as direct payment from salary funds or as Worker's Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such Employee would have received for the period. Such injury leave shall not be charged against the Employee's annual leave. All payments made to the Employee will be reduced by the total amount of all other injury related benefits for which the Employee is provided as a result of the injury. The Employee must apply for all benefits for which the Employee is eligible as a result of public employment, as soon as the Employee is eligible. The EMPLOYER reserves the right to refuse injury -on -duty pay if such application is not made. In order to receive injury -on -duty pay, the illness or injury must be eligible under worker's compensation. 17.4 An Employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty -four (24) hours, any injury, however minor, to his/her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVIII WORKING OUT OF CLASSIFICATION An Employee who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classification for at least one — half of a shift shall receive an additional $1.40 per hour for hours worked for the duration of the assignment. ARTICLE XIX WAIVER AND SAVINGS CLAUSE 19.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT are hereby superceded. 19.2 The parties acknowledge that during the negotiations that 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 understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this AGREEMENT. 14 Packet Page Number 86 of 177 Attachment 3 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT. 19.4 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. 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 provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision shall be negotiated at the request of either party. 15 Packet Page Number 87 of 177 ARTICLE XX DURATION 20.1 This AGREEMENT shall be effective on the 1 s' of January 2011 and shall remain in full force and effect through December 31S 2012. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq. that it desires to modify this AGREEMENT. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of 1 2010. FOR THE CITY: FOR THE ASSOCIATION: 16 Packet Page Number 88 of 177 RHS PLAN FOR FT FIREFIGHTERS Participant and benefit eligibility criteria: Must be full -time employee, no minimum or maximum age and no years of service requirement. 2. Benefits will be limited to insurance premiums (health, dental, long -term care premiums, Medicare Part B, and Medicare supplements) and out -of- pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee's balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 4. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 17 Packet Page Number 89 of 177 For those Employees who choose the High Deductible Health Plan (hereafter the "HDHP ") and elect single coverage, the Employer shall deposit $1,900.00 into a Health Reimbursement Account ( "HRX) for the Employee for each year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the Employer shall deposit $3,200.00 into an HRA for the Employee for each year the Employee participates in the HDHP. Employees who were hired and became covered under the HDHP during the term of the 2009 -2010 contract shall be grandfathered in, up to three years from their start date, at the same deductible vs. contribution level as set forth in the 2009 -2010 contract. The City shall make such deposits by way of pro -rata contributions every two weeks to each Employee's Health Reimbursement Account for each Employee who chooses the HDHP. The City will also provide a funding option which shall be available to any Employee who requires earlier funding of the City's contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting that request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. is Packet Page Number 90 of 177 Attachment 4 LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 153) January 1, 2011 -December 31, 2012 Packet Page Number 91 of 177 Attachment 4 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ..................................................... ............................... 3 ARTICLE 2: RECOGNITION ........................................................................... ............................... 3 ARTICLE 3: DEFI NI TI ONS .............................................................................. ............................... 3 ARTICLE 4: EMPLOYER SECURITY ............................................................. ............................... 4 ARTICLE 5: EMPLOYER AUTHORITY ........................................................... ............................... 4 ARTICLE 6: UNION SECURI TY ...................................................................... ............................... 4 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................. ............................... 5 ARTICLE 8: SAVINGS CLAUSE ...................................................................... ..............................7 ARTICLE 9: SENI ORITY .................................................................................. ..............................7 ARTICLE 10: DISCIPLINE ............................................................................... ............................... 8 ARTICLE 11: CONSTITUTIONAL PROTECTION .......................................... ............................... 9 ARTICLE 13: WAGES ..................................................................................... ............................... 9 ARTICLE 14: VACAT1ONSIANNUAL LEAVE ............................................... ............................... 10 ARTICLE 15: SICK LEAVE ............................................................................ ............................... 11 ARTICLE 16: SEVERANCE PAY .................................................................. ............................... 12 ARTICLE 17: FUNERAL LEAVE ................................................................... ............................... 12 ARTICLE 18: HOLIDAYS .............................................................................. ............................... 13 ARTICLE 19: FALSE ARREST ...................................................................... ............................... 13 ARTICLE 20: OVERTIME .............................................................................. ............................... 13 ARTICLE 21: COURT TIME .......................................................................... ............................... 14 ARTICLE 22: CALL BACK TI ME ................................................................... ............................... 14 ARTICLE 23: WORKING OUT OF CLASSIFICATION ................................. ............................... 14 ARTICLE 24: INSURANCE ........................................................................... ............................... 14 ARTICLE 25: STANDBY PAY ....................................................................... ............................... 15 ARTICLE 26: UNI FORMS .............................................................................. ............................... 15 ARTICLE 27: INJURY ON DUTY .................................................................. ............................... 15 ARTICLE 28: LONGEVITY AND EDUCATIONAL INCENTI VE .................... ............................... 16 ARTICLE 29: TUITION REIMBURSEMENT ................................................. ............................... 17 ARTICLE 30: FIELD TRAINING OFFI CER ................................................... ............................... 17 ARTICLE 31: NON- DISCRIMINATION ......................................................... ............................... 18 ARTICLE 32: SAFETY ................................................................................... ............................... 18 ARTICLE 33: WAIVER .................................................................................. ............................... 18 ARTICLE 34: DURATION .............................................................................. ............................... 19 APPENDIXA .................................................................................................. ............................... 20 Packet Page Number 92 of 177 MASTER LABOR AGREEMENT A=111Vi►1=1 =1Ll 1 CITY OF MAPLEWOOD Attachment 4 LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 153) ARTICLE 1: PURPOSE OFAGREEMENT This Agreement entered into as of January 1, 2011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called "Employer" and /or "City ", and Law Enforcement Labor Services Inc. — Local 153 hereinafter called the "Union" "Collective Bargaining Group" and/or "Group." It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2 : RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minn. Stat. 179A.03, Subd. 8 for all police personnel in the following job classifications: Police Officer Police Officer - Dog Handler Police Officer - Paramedic 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 ; DEFINITIONS 3.1 GROUP /UNION: Law Enforcement Labor Services Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services Inc. (Local 153). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Maplewood Police Department. 3.5 EMPLOYER: The City of Maplewood. 3 Packet Page Number 93 of 177 Attachment 4 3.6 CHIEF: The Chief of the Maplewood Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services Inc., (Local 153). 3.8 INVESTIGATOR /DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and /or job position of INVESTIGATOR /DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4 : EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in, or support any strike, slow -down, or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6 : UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. El Packet Page Number 94 of 177 Attachment 4 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7 ; EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION Representatives - The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION REPRESENTATIVES and /or their successors when so designated as provided by 6.2 of this AGREEMENT shall be the sole representative of the UNION. 7.3 Processing of a Grievance - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1 . An EMPLOYEE claiming a violation concerning the interpretation of application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to a Lieutenant. The Lieutenant will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Lieutenant's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the UNION and discussed with the Chief of Police. The Chief of Police shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed in 5 Packet Page Number 95 of 177 Attachment 4 Step 3 within ten (10) calendar days following the Chief of Police's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3 . If appealed, the written grievance shall be presented by the UNION and discussed with the City Manager. The City Manager shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the City Manager's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4 . A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Medication Services "as amended" to the "Public Employment Labor Relations Act of 1971." 7.5 Arbitrator's Authority 7.5a 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. 7.5b 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 decisions shall be submitted in writing within 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 this AGREEMENT and to the facts of the grievance presented. 7.5c The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not responded to within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedy - If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the Packet Page Number 96 of 177 Attachment 4 grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or E.E.O.C. If appealed to any procedure other than Step 4 of Article VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article VII or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. ARTICLE 8 : SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. 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 provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 9: SENIORITY 9.1 Seniority shall be determined by the employee's start date in the job class, regardless of whether they were initially hired as part-time or full -time officers. Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period promoted or reassigned employees may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Employees on layoff shall have an opportunity to return to work within two years of the time of their layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job - relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. By October 1 St of each year the EMPLOYER shall post for bid the first of THREE shift bids for the following calendar year. Employees shall finish their first bid for shifts by November 1 The first bid shall be implemented by January 1 The EMPLOYER shall post for bid the second of THREE shift bids for the current calendar year by March 1st. Employees shall finish their second bid for shifts by April 1 The second bid shall be implemented by May 1S The EMPLOYER shall post forbid the third of THREE shift bids for the current calendar year by July 1st. Employees shall finish their third bid for shifts by August 1 st. The third bid shall be implemented by September 1 If the EMPLOYER determines different staffing levels are needed on any shift, the shifts may be rebid in the interim periods as determined necessary by the 7 Packet Page Number 97 of 177 Attachment 4 EMPLOYER. Employees shall bid in a timely manner. "Timely manner" is defined as a maximum of two of the employee's working days after becoming eligible to bid. 9.6 Employees may select two (2) continuous vacation periods by seniority in the fall for the following calendar year. The first choice shall be selected from a posting posted by November 2nd. Such selection shall be completed by November 30th. The second choice shall be selected from a posting posted by December 1st. Such selection shall be completed by December 31 st. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. "Timely manner" is defined as a maximum of two of the employee's working days after becoming eligible to bid. After December 31 st, vacations shall be bid on a first -come, first - served basis. 9.7 Master Seniority - a. Employees hired on or after January 1, 1989, must use length of continuous service with the City's police department for purposes of exercising their seniority rights under Sections 9.5 and 9.6 of the labor agreement. b. Employees hired prior to January 1, 1989, who are not "paramedics" on January 1, 1989, and who become paramedics subsequent to January 1, 1989, shall have seniority for purposes of Sections 9.5 and 9.6 of the labor agreement over any employee hired on or after January 1, 1989. c. Employees hired prior to January 1, 1989, who are "paramedics" shall exercise their seniority rights under Sections 9.5 and 9.6 of the labor agreement based on job classification seniority. ARTICLE 10 : DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and /or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 9 Packet Page Number 98 of 177 Attachment 4 10.6 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the grievance procedure under Article VII. 10.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline, above that of a verbal reprimand, has occurred within that five -year period. ARTICLE 11 ; CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 12: WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; C) assigned training; d) authorized leave time. e) required time (if on a schedule where required time is a component) 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 13 WAGES 13.1 WAGE RATES Effective January 1. 2011 (0% increase over 2010) Start.................................... ............................... After1 Year ..................... ............................... After 2 Years .................. ............................... ... ............................70% of After 3 year Rate ... ............................80% of After 3 year Rate ... ............................90% of After 3 year Rate Plus market adjustments to base pay of: After 3 years +$25 = $5,723.20 The above wage rates will be increased by one hundred dollars ($100) per month, provided the Employee agrees to match the EMPLOYER'S contribution of one hundred dollars per month and have the funds deposited in an approved deferred compensation plan. The EMPLOYER agrees that if the Employee desires to contribute a lesser amount then the EMPLOYER shall match that lesser amount as well. For 2012, an additional market adjustment shall be paid as set forth below. It is understood that the City has the right to start a new hire at any step in the regular salary range (excluding longevity steps) at the City's discretion when hiring an experienced officer. Effective January 1, 2012, (1 % increase over 2011) Start.......................................................................... ............................70% of After 3 year Rate After 1 Year ........................................................... ............................80% of After 3 year Rate 9 Packet Page Number 99 of 177 Attachment 4 After 2 Years ........................................................ ............................90% of After 3 year Rate Plus market adjustments to base pay of: After 3 years +$15 = $5,795.43 13.2 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive 6% of the Top Patrol Rate per month or that amount prorated for less than a full month in addition to their regular wage rate: Investigator (Detective) School Resource Officer Juvenile Officer Retail Crime Officer 13.3 Police Paramedics will continue to receive a 5% differential while working as paramedic officers (patrol, DARE, or mall officer) until they have worked as paramedics for five years. After five (5) years working as a paramedic, they will receive a paramedic differential of 8% thereafter as long as they are not receiving any other specialty pay. Officers working in any other specialty pay assignments such as school liaison, investigator, juvenile, or canine (dog handler) will receive only the specialty pay associated with those assignments. If they normally receive higher specialty pay due to being a paramedic for five (5) years or more, they will be reduced to 6% while in these assignments. The past practice of retaining a higher paramedic differential while carrying out these assignments will not continue. For the month of January, 2005 only, officers with five (5) or more years as a paramedic will receive 8% paramedic differential regardless of where they are assigned. This provision will automatically sunset on 1 -31 -05 and will revert back to the language in 13.3, paragraph 2. 13.4 Based on requirements in the Federal Fair Labor Standards Act (FLSA), Dog Handlers will be paid thirty (30) minutes each calendar day at time and one -half their regular rate of pay for care, maintenance, and training of the officer's dog. Whenever an officer's dog is placed in a kennel, the additional compensation (30 minutes at time and one -half) will not apply for that day(s). The officer must notify his/her supervisor whenever the dog is placed in a kennel prior to submitting a timecard for that pay period. The kennel fee, if there is a fee, will be paid by the EMPLOYER. The EMPLOYER must approve the kennel. Any time in excess of thirty (30) minutes per day needed for care, maintenance, or training of the officer's dog must be authorized in advance by the Chief of Police or his /her designee. In the event that the FLSA requirements no longer apply, then the method of compensation for Dog Handlers would immediately revert back to the 4% differential over top patrol ARTICLE 14: VACATIONS /ANNUAL LEAVE 14.1 Full -time employees who are on the vacation /sick leave benefit plan shall earn vacation as per the following schedule: Vacation Accrual Rates for FT employees - I rl Packet Page Number 100 of 177 1 -4 years of service 5 -11 years of service 12 -20 years of service 21 years and thereafter 10 working days per year (80 hours) 15 working days per year (120 hours per year) 20 working days per year (160 hours per year) 25 working days per year (200 hours per year) Attachment 4 Full -time employees who are on the annual leave benefit plan shall earn annual leave as per the following schedule: Annual Leave Accrual Rates for FT employees - Years of Service Annual Accrual Rates 1 - 4 Years 19 days (152 hours per year) 5 - 11 Years 24 days (192 hours per year) 12 - 20 Years 29 days (232 hours per year) After 20 Years 34 days (272 hours per year) 14.2 Employees on vacation are allowed to carry over a maximum of one and one -half (1 -112) times their annual vacation rate into any succeeding year. Annual leave will accrue on a pay - period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62 -day cap. No additional accrual will occur above the cap. 14.3 The EMPLOYER and UNION agree to incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001, and as amended on September 23, 2002. ARTICLE 15 : SICK LEAVE 15.1 A full -time employee who is not accruing annual leave shall accumulate sick leave at a rate of one and one- quarter (1 -1I4) days per month. Accumulated sick leave shall never total more than 2,400 hours (300 days) except as provided in Article 15.2. Actual sick leave cannot be made up by additional work shifts. 15.2 Sick Leave Conversion - Full -time employees can convert sick leave to vacation or deferred compensation (at the employee's current pay rate) on December 31st of any 11 Packet Page Number 101 of 177 Attachment 4 year assuming the employee elected the conversion option at the beginning of the year and had at least 800 hours at that time. The rate of conversation will be two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty -eight (48) hours of vacation or deferred compensation. 15.2a The sick leave balance will be capped (frozen) on January 1 of the year the option is first elected. That balance or cap (which can be anything between 800 and 2400 hours) will remain as the cap for that employee into the future. 15.2b Employees will, however, accrue additional sick leave hours (above the cap) during the succeeding twelve months at the regular accrual rate only for purposes of conversion or use during that year. 15.2c The conversion will take place on December 31st and will be limited to the 48 hours as stated above. Only hours earned in excess of the cap (January 1 through December 31) are eligible for conversion. Any additional hours accrued but unused during that year will be lost. 15.2d An employee who does not elect the conversion option will never accrue above 2400 hours. Employees who are close to, or at, 2400 hours who elect the conversion option at the beginning of a given year can accrue additional sick leave above the 2400 hours during the year only for purposes of conversion, or use, during that year. Hours accrued but unused between January 1 and December 31 of that year will then be converted to a maximum of 48 hours of vacation or deferred compensation. Any remaining balance above the cap will be lost. The employee will start the following year with no more than 2400 hours. 15.2e Employees who have a sick leave cap and who retire or resign under satisfactory conditions prior to December 31st of a given year, will be eligible to convert up to 80% of sick leave accrued and unused during that year. 15.3 Annual Leave – Article 15.1 and 15.2 do not apply to employees who accrue annual leave except as provided in the Annual Leave Program (Current Sick Leave Balance — Deferred Sick Leave and Severance Pay sections.) ARTICLE 16 ; SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the employee shall receive one -half (1/2) of his /her accumulated sick leave upon the basis of the employee's outgoing salary. In case of death not contributable to his duty, payment of one -half (1/2) of employee's sick leave shall be paid to the employee's beneficiary. In case of death in the line of duty, payment of the employee's full - accumulated sick leave shall be made to the employee's beneficiary. ARTICLE 17: FUNERAL LEAVE A maximum of up to three (3) days of funeral leave with pay shall be extended to a regular full - time officer upon the death of a member of the immediate family of said officer or his /her spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers, sisters, brothers -in -law, sisters -in -law, or guardian). Any leave beyond one day, up to a maximum of three days, to be on approval of department head or authorized designee. The actual amount of time off, and funeral leave approved, will be determined by the department head depending on individual 12 Packet Page Number 102 of 177 Attachment 4 circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) ARTICLE 18 : HOLIDAYS 18.1 Each regular full -time employee shall be granted twelve (12) paid holidays per year. These holidays shall be credited toward the normal work years as per this AGREEMENT. 18.2 Any Employee on an 8 -hour shift who works four (4) or more hours on any of the following listed ten (10) statutory holidays shall be credited in either pay or compensatory time off with an additional four (4) hours. Employees on 10 -hour shifts who work five (5) or more hours will receive an additional five (5) hours. Employee working two shifts on any of the ten (10) statutory holidays shall be credited with an additional four (4) hours in either pay or compensatory time off when on an eight hour schedule, and five (5) when on a 10- hour schedule. Other shifts that could be assigned would be proportional. New Year's Day Veteran's Day President's Day Thanksgiving Day Memorial Day Friday after Thanksgiving Labor Day Christmas Day Martin Luther King's B -Day Independence Day 18.3 Officers on a 5 -2 rotation who are required to work on a holiday will be allowed to take another day off within the pay period plus receive four (4) hours of pay OR can elect to receive time and one -half pay with no time off. This is in addition to regular holiday pay. ARTICLE 19 : FALSE ARREST The EMPLOYER shall provide and pay all premiums due on False Arrest Insurance to cover all employees covered by this AGREEMENT. ARTICLE 20: OVERTIME 20.1 Employees will be compensated at one and one -half (1 -112) times the employee's regular base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 20.2 Overtime will be distributed as equally as practicable. 20.3 Overtime refused by employees will for record purposes under Article 20.2 be considered as unpaid overtime worked. 20.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 20.5 Overtime will be calculated to the nearest fifteen (15) minutes. 20.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 13 Packet Page Number 103 of 177 Attachment 4 20.7 Voluntary Partial Shift Exchanges - Employees may elect to exchange hours with another employee on a one - for -one basis, up to a maximum of a full shift. When exchanging hours under this method, employees would not be eligible for overtime for extra hours worked as a result of the exchange. Likewise, the EMPLOYER would not require employees to use leave or compensatory time to make up any hours below 8 hours per shift. Shift exchanges are subject to supervisory approval prior to the exchange. The exchange must occur during the same 28 -day schedule and must be an even exchange (hour for hour). It is understood the request to exchange hours must be submitted in writing to the Lieutenant in charge of scheduling (or the Lieutenant's designee) and must be approved prior to the first date of the exchange. ARTICLE 21: COURT TIME Employees who are required to appear in Court during their scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one -half (1 -112) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. If employees have received notice from EMPLOYER of a specific date and time to appear in court on behalf of EMPLOYER during their scheduled off duty time, and EMPLOYER (specifically the City Attorney) cancels said appearance with less than 36 hours notice from the time and date of such requested appearance, then employee shall receive reimbursement equivalent to the Court Time pay as provided herein, for such cancellation, upon notation on the timesheet of the employee requesting such reimbursement. Such reimbursement shall not apply to cancellation of appearances for jury trials, or if employee has been called for multiple hearings on the same day, unless notice was provided less than 36 hours prior to the multiple hearings, that all such hearings were cancelled. In such event that multiple hearings were noticed for the same day and all were cancelled less than thirty six (36) hours prior to such hearings, then employee is still only eligible for one 3 hour reimbursement as provided above. ARTICLE 22 : CALL BACK TIME An employee who is called to duty during his scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1 -112) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. Paramedics called back for medical calls will receive a minimum of two (2) hours at time and one -half pay for the first call back in a designated on -call period. Thereafter, any medical call back in the same on -call period will be paid for at a minimum of one hour at a time and one -half for each call back. ARTICLE 23 : WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the significant duties, responsibilities and authority of a higher classification for 1 /2 shift or more shall receive a 5% increase over their regular pay rate for the hours worked in the higher position. ARTICLE 24: INSURANCE Health Insurance —The Employer will pay 100% of the cost of the employee (single) health insurance premium, and 50% plus $45 toward the cost of the monthly dependent health insurance premium, for the High Deductible Health Plan (hereafter the "HDHP "). For any employee who chooses to participate in any other plan offered by the City, if any, the City will only contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families towards the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. All Employees hired after January 1, 2009 shall 14 Packet Page Number 104 of 177 Attachment 4 only be offered the HDHP. The Employer shall also contribute towards the cost for insurance as more fully set forth in Appendix A attached hereto and incorporated herein by reference. Any changes that are presented at renewal will be discussed (and agreed to) through the Insurance Labor- Management Committee process. Insurance benefits apply to full -time employees only. Dental, Life and Long -Term Disability Insurance — The EMPLOYER shall pay 100% of the cost of employee (single) dental insurance coverage, a $25,000 group term life insurance policy, and long -term disability insurance for regular full -time employees. Short -Term Disability Insurance — The City agrees to offer or go out for bid for short -term disability insurance coverage. Employees may elect this optional coverage at the employee's cost. The CITY will provide an IRS -125 plan for the employee's contribution in order to permit the EMPLOYEE to pay with pre -tax dollars. The CITY agrees to re -open the contract to discuss a retiree health savings plan if requested by the GROUP. ARTICLE 25 : STANDBY PAY 25.1 Employees required by the EMPLOYER to standby shall be paid for each standby time at the rate of one hour's pay for each hour on standby. Paramedics on medical on -call status shall be paid at the rate of one- quarter (1/4) hour pay for each hour on on -call. 25.2 An employee placed on standby for court will be paid one - quarter (1/4) hour for each hour on standby under the following circumstances. A Lieutenant, or higher - ranking officer in the department, will set a defined period with a start and automatic ending time, but can call and cancel it earlier. The Lieutenant will decide when and if they will put an employee on standby. ARTICLE 26: UNIFORMS The Employer shall provide probationary officers uniforms and necessary equipment items for the term of their probationary period. The Employer will provide an account for non - probationary officers, in which uniforms and necessary equipment can be purchased from, in the amount of $725 per year in 2007. Plain clothes officer will be reimbursed the same amounts per officer per year for necessary items that are purchased. Uniform balances may be carried over from year to year, not to exceed a one year amount. ARTICLE 27 : INJURY ON DUTY Employees injured in or contracting illness from actual service and thereby rendered incapable of performing their duty shall receive no more than their regular take -home pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury subject to the following conditions: a) In order to receive the benefits of this section for a period exceeding seven (7) days said injury or illness must be determined to be eligible under worker's compensation. b) In order to be eligible for the benefits of this section for a period of seven (7) days or less, the Employer must determine that the injury is "on- the -job" in nature. 15 Packet Page Number 105 of 177 Attachment 4 c) In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty -four (24) hours of said injury to the Employer. d) If an Employee takes advantage of this section, all salary related benefit income (such as worker's compensation, disability benefits, etc.) must be turned over to the Employer. e) Benefits of this section shall assure the Employee of their regular pay only and shall not include allowances for overtime or other pay. f) The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g) The Employer may require a reasonable number of physical examinations by the City's Physician at reasonable times at City expense. h) The City's Physician shall determine when the Employee is able to return to work. i) This section does not apply in the case of death of an Employee, on duty or otherwise. j) The base pay of an Employee will continue until the "on- the -job" status of an injury has been determined, if said injury appears to be "on -the- job." However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. a. In the event vacation time is used, upon the return to work of the Employee, fifty percent (50 %) of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. k) Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. ARTICLE 28 : LONGEVITYAND EDUCATIONAL INCENTIVE Effective July 1, 1978, the following terms and conditions are effective: 28.1 After four (4) years of continuous employment each employee shall choose to be paid supplementary pay of 3.5% (of employee's Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.6 of this Article. 28.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of 5.5% (of employee's Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.6 of this Article. 28.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of 7.5% (of employee's Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.6 of this Article. W Packet Page Number 106 of 177 Attachment 4 28.4 After seventeen (17) years of continuous employment each employee shall choose to be paid supplementary pay of 9.5% (of employee's Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.6 of this Article. 28.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 28.6 Supplementary pay based on educational credits will be paid to employees hired prior to January 1, 1986, after twelve (12) months of continuous employment at the rate of: Education Credits stated in Pay terms of college quarter credits Increment 45- 89 92.32 90-134 157.20 135-179 222.08 180 or more 286.96 Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related (Thus, a 4 -year degree is not automatically 180 credits -- or a 2 -year certificate is not automatically 90 credits.) Job - related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job - related seminars, short courses, institutes, etc., shall also be counted. The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78 -PN- 370 -A. ARTICLE 29 ; TUITION REIMBURSEMENT 29.1 The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as "Microsoft Word© "), upon successful completion with a "C" grade or better, seventy - five (75 %) reimbursement upon completion with a "B" grade or better and eighty five percent (85 %) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non- working hours. Part -Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro -rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. 29.2 The EMPLOYER will reimburse officers 100% of the cost of peace officer license renewal. ARTICLE 30 : FIELD TRAINING OFFICER Employees assigned by the EMPLOYER to perform Field Training Officer duties will be paid one hour of overtime time pay for each work shift assigned such duties. 17 Packet Page Number 107 of 177 Attachment 4 ARTICLE 31: NON - DISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 32: SAFETY 32.1 Joint Safety The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 32.2: Safety Committee The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 33 WAIVER 33.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 33.2 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 conditions 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. 33.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. IN Packet Page Number 108 of 177 Attachment 4 ARTICLE 34 : DURATION This AGREEMENT shall be effective as of January 1, 2011, except as herein noted, and shall remain in full force and effect until the thirty -first day of December 2012. In witness whereof, the parties hereto have executed this AGREEMENT on this day of , 2010. FOR THE CITY OF MAPLEWOOD: LAW ENFORCEMENT LABOR INC. SERVICES, Mayor City Manager Business Agent Steward Human Resource Attorney IGO Packet Page Number 109 of 177 Attachment 4 For those Employees who choose the High Deductible Health Plan (hereafter the "HDHP ") and elect single coverage, the Employer shall deposit $1,900.00 into a Health Reimbursement Account ( "HRA ") for the Employee for each year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the Employer shall deposit $3,200.00 into an HRA for the Employee for each year the Employee participates in the HDHP. Employees who were hired and became covered under the HDHP during the term of the 2009- 2010 contract shall be grandfathered in, up to three years from their start date, at the same deductible vs. contribution level as set forth in the 2009 -2010 contract. The City shall make such deposits by way of pro -rata contributions every two weeks to each Employee's Health Reimbursement Account for each Employee who chooses the HDHP. The City will also provide a funding option which shall be available to any Employee who requires earlier funding of the City's contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting that request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. 20 Packet Page Number 110 of 177 Attachment 5 LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 173) SERGEANTS January 1, 2011 -December 31, 2012 Packet Page Number 111 of 177 Attachment 5 Table of Contents ARTICLE1 ....................................................................................................... ............................... 1 ARTICLE 2: RECOGNITION ........................................................................... ............................... 1 ARTICLE 3: DEFINITI ONS .............................................................................. ............................... 1 ARTICLE 4: EMPLOYER SECURITY ............................................................. ............................... 2 ARTICLE 5: EMPLOYER AUTHORITY ........................................................... ............................... 2 ARTICLE 6: UNION SECURITY ...................................................................... ............................... 2 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE....... ... - ... --- ... - .................... 3 ARTICLE 8: SAVINGS CLAUSE ..................................................................... ............................... 5 ARTICLE 9: SENIORI TY ................................................................................. ............................... 5 ARTICLE 10: DI SCIPLI NE ............................................................................... ............................... 5 ARTICLE 11: CONSTITUTIONAL PROTECTION .......................................... ............................... 6 ARTICLE 12: WORK SCHEDULES ................................................................ ............................... 6 ARTICLE 13: OVERTIME... ...... - ...... -- ... - ... -- ............................................................................ 6 ARTICLE 14: COURT TIME ............................................................................ ............................... 7 ARTICLE 15: CALLBACK TIME ...................................................................... ............................... 7 ARTICLE 16: VACATIONS ............................................................................... ..............................7 ARTICLE 17: HOLIDAYS ................................................................................ ............................... 8 ARTICLE 18: SICK LEAVE .............................................................................. ............................... 8 ARTICLE 19: SEVERANCE PAY .................................................................... ............................... 9 ARTICLE 20: FUNERAL LEAVE ..................................................................... ............................... 9 ARTICLE 21: INJURY ON DUTY .................................................................... ............................... 9 ARTICLE 22: INSURANCE ............................................................................. ............................... 9 ARTICLE 23: STANDBYPAY ....................................................................... ............................... 10 ARTICLE 24: UNI FORMS .............................................................................. ............................... 10 ARTICLE 25: LONGEVITYAND EDUCATIONAL I NCENTI VE .................... ............................... 10 ARTICLE 26: FALSE ARREST ...................................................................... ............................... 11 ARTICLE 27: WAIVER... ... .......................................................................... 11 ARTICLE 28: DURATION .............................................................................. ............................... 13 APPENDIXA .................................................................................................. ............................... 13 APPENDIX .................................................................................................. ............................... 15 Packet Page Number 112 of 177 ARTICLE 1 Attachment 5 This Agreement entered into as of January 1, 2 011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called "Employer" and /or "City ", and Law Enforcement Labor Services Inc. — Local 173 hereinafter called the "Union" and/or "Collective Bargaining Group" and /or "Group." It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under state law for all police personnel in the following job classifications: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 : DEFINITIONS 3.1 UNION: Law Enforcement Labor Services Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services Inc. (Local 173). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Maplewood Police Department. 3.5 EMPLOYER: The City of Maplewood. 3.6 CHIEF: The Chief of the Maplewood Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services Inc., (Local 173). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. Packet Page Number 113 of 177 Attachment 5 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in, or support any strike, slow -down, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 : EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate except for those terms that are mandatory subjects of bargaining. ARTICLE 6; UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and /or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcements). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees not to enter into any additional agreements with Employees, individually or collectively concerning any terms or conditions of employment as defined by M.S. 179A.03, Subd. 19. 2 Packet Page Number 114 of 177 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE Attachment 5 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives - The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union representatives and/or their successors when so designated as provided by 6.2 of this Agreement shall be the sole representative of the Union. 7.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the. Employer 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1 . An Employee claiming a violation concerning the interpretation of application of this Agreement shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated representative. The Employer - designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed in Step 3 within ten (10) calendar days following the Employer- designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3 . If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 3 representative. The Employer - designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance 3 Packet Page Number 115 of 177 Attachment 5 not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer - designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure. Any grievance not appealed in writing to step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4 . A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Medication Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decisions shall be submitted in writing within 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 this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not responded to within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. 7.7 Choice of Remedy - If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil 9 Packet Page Number 116 of 177 Attachment 5 Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article 7 or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. ARTICLE 8: SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9 : SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment as a Sergeant with the Police Department and posted in an appropriate location. 9.2 During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned Employee may be returned to their previous position at the sole discretion of the Employer 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Employees on layoff shall have an opportunity to return to work within two years of the time of their layoff before any new employee is hired or promoted. 9.4 Patrol Shift selection shall be based upon seniority. 9.5 Employees may select two (2) continuous vacation periods by seniority in the fall for the following calendar year. The first choice shall be selected from a posting posted by November 2nd. Such selection shall be completed by November 30th. The second choice shall be selected from a posting posted by December 1st. Such selection shall be completed by December 31st. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. A timely manner is defined as a maximum of two of the employee's working days after becoming eligible to bid. After December 31 st, vacations shall be bid on a first -come, first - served basis. ARTICLE 10: DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 5 Packet Page Number 117 of 177 Attachment 5 10.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 10.6 Grievances relating to this Article shall be initiated by the union in Step 3 of the grievance procedure under Article 7. 10.7 The Employer will remove old disciplinary letters after five (5) years if no further discipline, above that of a verbal reprimand, has occurred within that five -year period. ARTICLE 11: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 12 : WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each Employee through: a) hours worked on assigned shifts; b) holidays; C) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. 12.4 Employees may voluntarily switch shifts with their Supervisor's approval. Voluntary switching of shifts shall not obligate the Employer for overtime pay. ARTICLE 13 : OVERTIME 13.1 Employees will be compensated at one and one -half (1 -1/2) times the employee's regular base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. A Packet Page Number 118 of 177 Attachment 5 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Employee from so working. ARTICLE 14: COURT TIME An Employee who is required to appear in Court during his scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one -half (1 -112) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the Employee for the three (3) hour minimum. ARTICLE 15 : CALLBACK TIME An Employee who is called to duty during his scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the two (2) hour minimum. Paramedics called back for medical calls will receive a minimum of two (2) hours at time and one -half pay for the first call back in a designated on -call period. Thereafter, any medical call back in the same on -call period will be paid for at a minimum of one hour at a time and one -half for each call back. ARTICLE 16 : VACATIONS 16.1 Full -time employees who are who are not accruing annual leave shall earn vacation leave as per the following schedule: 1 -4 years of service 5 -11 years of service 12 -20 years of service 21 years and thereafter 10 working days per year 15 working days per year 20 working days per year 25 working days per year 16.2 Employees shall be allowed to carry over a maximum of one and one -half (1 -112) times their annual earning rate into any succeeding year. 16.3 On December 1 St of each year, employees who are at the 15 day vacation accrual rate or higher, with a minimum balance of 80 hours, shall be eligible to convert up to 40 hours of unused vacation time to deferred compensation. Conversion will be at the Employers current hourly rate as of 12 -01 and will be on the basis of one hour of vacation for one hour of deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 16.4 The Employer and Union agree to incorporate the Annual Leave Program as adopted by the City on May 5, 2001, and as amended on September 23, 2002. Articles 16.1 through 16.3 do not apply to employees who select the Annual Leave Program. 7 Packet Page Number 119 of 177 ARTICLE 17: HOLIDAYS Attachment 5 17.1 Each regular full -time Employee shall be granted twelve (12) paid holidays per year. These holidays shall be credited toward the normal work year as per 12.1 of the Labor Agreement. 17.2 Any Employee on an 8 -hour shift who works four (4) or more hours on any of the following listed ten (10) statutory holidays shall be credited in either pay or compensatory time off with an additional four (4) hours. Employees on 10 -hour shifts who work five (5) or more hours will receive an additional five (5) hours. Employee working two shifts on any of the ten (10) statutory holidays shall be credited with an additional four (4) hours in either pay or compensatory time off when on an eight hour schedule, and five (5) when on a 10 -hour schedule. Other shifts that could be assigned would be proportional. New Year's Day President's Day Memorial Day Labor Day Day After Thanksgiving Martin Luther King's B -Day Veteran's Day Independence Day Thanksgiving Day Christmas Day 17.3 Employees who work a 5/2 schedule shall receive two (2) personal holidays per year, provided holidays are used within the current calendar year. Employees on a 5/2 schedule who are required to work on one of the above - listed holidays will be allowed to take another day off within the pay - period plus will receive four (4) hours of pay — OR - can elect to receive time and one -half with no time off. This is in addition to regular holiday pay they would have received had they not worked. ARTICLE 18 : SICK LEAVE 18.1 A full -time employee who is not accruing annual leave shall accumulate sick leave at a rate of one and one - quarter (1 -1/4) days per month. Accumulated sick leave shall never total more than three hundred (300) days. Actual sick leave cannot be made up by additional work shifts. 18.2 Full -time employees can convert sick leave to vacation or deferred compensation (at the Employee's current pay rate) on December 31 st of any year assuming the Employee elected the conversion option at the beginning of the year and had at least 800 hours at that time. The rate of conversation will be two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty -eight (48) hours of vacation or deferred compensation. The sick leave balance will be capped (frozen) on January 1 of the year the option is first elected. That balance or cap (which can be anything between 800 and 2400 hours) will remain as the cap for that Employee into the future. Employees will, however, accrue additional sick leave hours (above the cap) during the succeeding twelve months at the regular accrual rate only for purposes of conversion or use during that year. The conversion will take place on December 31st and will be limited to the 48 hours as stated above. Only hours earned in excess of the cap (January 1 through December 31) are eligible for conversion. Any additional hours accrued but unused during that year will be lost. 8 Packet Page Number 120 of 177 Attachment 5 An Employee who does not elect the conversion option will never accrue above 2400 hours. Employees who are close to, or at, 2400 hours who elect the conversion option at the beginning of a given year can accrue additional sick leave above the 2400 hours during the year only for purposes of conversion, or use, during that year. Hours accrued but unused between January 1 and December 31 of that year will then be converted to a maximum of 48 hours of vacation or deferred compensation. Any remaining balance above the cap will be lost. The employee will start the following year with no more than 2400 hours. Employees who have a sick leave cap and who retire or resign under satisfactory conditions prior to December 31 of a given year, will be eligible to convert up to 80% of sick leave accrued and unused during that year. 18.3 Article 18 does not apply to employees who accrue annual leave except as provided in the Annual Leave Program (Current Sick Leave Balance— Deferred Sick Leave and Severance Pay sections). ARTICLE 19; SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the Employee shall receive one -half (112) of his/her accumulated sick leave upon the basis of the Employee's outgoing salary. In case of death which cannot be contributed to his /her duty, payment of one -half (1/2) of Employee's sick leave shall be paid to the Employee's beneficiary. In case of death in the line of duty, payment of the Employee's full - accumulated sick leave shall be made to the Employee's beneficiary. All severance due an Employee shall be placed into the Employee's individual account in the Post Employment Health Care Savings Plan. ARTICLE 20 : FUNERAL LEAVE A maximum of up to three (3) days of funeral leave with pay shall be extended to a regular full -time Sergeant upon the death of a member of the immediate family of said Sergeant or his /her spouse (i.e., spouse, children, sons -in -law, daughters -in -law, grandchildren, parents, grandparents, brothers, sisters, legal guardian, or individuals who are under the Employee's legal guardianship) for the attendance at the funeral or other demonstrated need in relation thereto. Any leave beyond one (1) day to be upon approval of the immediate supervisor. The actual time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) Eligibility for time off in accordance with this policy will be pro -rated for part -time employees. 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 no more than the difference between the Employee's regular take -home pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the Employee's vacation, sick leave, or other accumulated paid benefits. ARTICLE 22; INSURANCE 22.1 Health Insurance –The Employer will pay 100% of the cost of the employee (single) health insurance premium, and 50% plus $45 toward the cost of the monthly dependent health insurance premium, for the High Deductible Health Plan (hereafter the "HDHP "). For any employee who chooses to participate in any other plan offered by the City, if any, the City will only contribute an amount equal to the actual dollar amounts paid for single 9 Packet Page Number 121 of 177 Attachment 5 HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families towards the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. All Employees hired after January 1, 2009 shall only be offered the HDHP. The Employer shall also contribute towards the cost for insurance as more fully set forth in Appendix B attached hereto and incorporated herein by reference. Any changes that are presented at renewal will be discussed (and agreed to) through the Labor - Management Committee process. These benefits apply to FT employees only. 22.2 Dental, Life and Long -Term Disability Insurance —The Employer shall pay 100% of the cost of employee (single) dental insurance coverage, a $25,000 group term life insurance policy, and long -term disability insurance for regular full -time employees. 22.3 The Employer will provide an IRS -125 plan for the Employee's contribution in order to permit the Employee to pay with pre -tax dollars. 22.4 Short -Term Disability Insurance — The City agrees to offer or go out for bid for short -term disability insurance coverage. Employees may elect this optional coverage at the employee's cost. 22.5 The City agrees to re -open the contract to discuss a retiree health savings plan if requested by the UNION. ARTICLE 23: STANDBY FAY 23.1 Paramedic Sergeants on medical on -call status shall be paid at the rate of one - quarter (1/4) hour pay for each hour on on -call. 23.2 An employee placed on standby for court will be paid one- quarter (1/4) hour for each hour on standby under the following circumstances. A Lieutenant, or higher - ranking officer in the department, will set a defined period with a start and automatic ending time, but can call and cancel it earlier. The Lieutenant will decide when and if they will put an employee on standby. ARTICLE 24 : UNIFORMS The Employer shall provide a contribution for required uniform and equipment items, but the contribution is not to exceed $900 per year for 2011 and 2012. Plainclothes sergeants will be reimbursed up to the same amounts per Employee per year for necessary items that are purchased in Maplewood. Uniform balances may be carried over from year to year, not to exceed a one year amount. The Employer will reimburse Employees one - hundred percent (100 %) of the cost of peace officer license renewal. ARTICLE 25: LONGEVITYAND EDUCATIONAL INCENTIVE 25.1 Effective January 1, 2007, the following terms and conditions are effective: 25.1.1 After four years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of three and one half percent (3.5 %) of that Employees base pay. 10 Packet Page Number 122 of 177 Attachment 5 25.1.2 After eight (8) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of five and one half percent (5.5 %) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the two percent (3.5 %) four (4) year step set forth above. Specifically, the four percent (5.5 %) is calculated on the base pay which shall not include the aforementioned two percent (3.5 %) increase. 25.1.3 After twelve (12) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of seven and one half percent (7.5 %) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the two steps set forth above. Specifically, the seven and one half percent (7.5 %) is calculated on the base pay which shall not include the aforementioned increases. 25.1.4 The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as "Microsoft Word@ "), upon successful completion with a "C" grade or better, seventy - five (75 %) reimbursement upon completion with a "B" grade or better and eighty five percent (85 %) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non - working hours. Part -Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro -rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 26: FALSE ARREST The Employer shall provide and pay all premiums due on False Arrest Insurance to cover all Employees covered by this Agreement. ARTICLE 27 WAIVER 27.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 27.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals 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 unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this Agreement or with respect to any term or condition of employment not specifically referred to or covered by the Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 11 Packet Page Number 123 of 177 Attachment 5 31.3 The Union and the City agree to meet and confer to discuss possible accommodations for "qualified" disabled employees as the need arises, consistent with the intent of the Americans with Disabilities Act. 12 Packet Page Number 124 of 177 ARTICLE 28: DURATION Attachment 5 Except as herein provided, this Agreement shall be effective as of January 1, 2011, except as herein noted, and shall continue in full force and effect until December 31, 2012 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing by October 31 s' of the year in which modifications are desired, so as to comply with the provisions of the Public Employment Labor Relations Act of 1971 as amended. In witness whereof, the parties hereto have executed this Agreement on this day of ,2010. FOR THE CITY OF MAPLEWOOD: FOR L.E.L.S. Mayor City Manager Human Resource Attorney Business Agent Steward APPENDIX A 13 Packet Page Number 125 of 177 Attachment 5 1. WAGE RATES Effective January 1, 2011 (0% increase) Start.............................................................................................. ............................... $6,468.80 After1 Year ................................................................................. ............................... 6,671.61 After2 Years .............................................................................. ............................... 6,875.49 After 3 Years Top Sergeant Pay ................................................. ............................... 7,078.29 Effective January 1, 2012 (1% increase) Start.............................................................................................. ............................... $6,533.49 After1 Year ................................................................................. ............................... 6,738.33 After2 Years .............................................................................. ............................... 6,944.24 After 3 Years Top Sergeant Pay .......................... ............................... ....................... 7,149.07 2. DEFERRED COMPENSATION The above wage rates will be increased by a contribution by the Employer towards deferred compensation of up to $100 per month provided the Employee agrees to match such contribution and have the funds deposited in an approved deferred compensation plan. 3. PARAMEDIC DIFFERENTIAL Sergeants who are certified paramedics and maintain their certification will receive a pay differential of eight percent (8 %) for the years 2007 and 2008. The differential will be based on the top sergeant pay rate. 4. INVESTIGATIVE SERGEANT DIFFERENTIAL The Sergeant assigned by the Police Chief to Investigations shall receive a pay differential of two percent (2 %). The differential will be based on the top sergeant pay rate. 14 Packet Page Number 126 of 177 ► 51 V Attachment 5 For those Employees who choose the High Deductible Health Plan (hereafter the "HDHP ") and elect single coverage, the Employer shall deposit $1,900.00 into a Health Reimbursement Account ( "HRA ") for the Employee for each year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the Employer shall deposit $3,200.00 into an HRA for the Employee for each year the Employee participates in the HDHP. Employees who were hired and became covered under the HDHP during the term of the 2009- 2010 contract shall be grandfathered in, up to three years from their start date, at the same deductible vs. contribution level as set forth in the 2009 -2010 contract. The City shall make such deposits by way of pro -rata contributions every two weeks to each Employee's Health Reimbursement Account for each Employee who chooses the HDHP. The City will also provide a funding option which shall be available to any Employee who requires earlier funding of the City's contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting that request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. 15 Packet Page Number 127 of 177 Attachment 6 t AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN UM ' iii i i 1 January 1, 2011 through December 31, 2012 Packet Page Number 128 of 177 Attachment 6 Table of Contents ARTICLE 1: PURPOSE AND INTENT ............................................................ ............................... 2 ARTICLE 2: RECOGNITION ........................................................................... ............................... 2 ARTICLE 3: DEFINITIONS. ...... ........ ...... ........ ...... ...... ........ ...... ........ ...... ...... ........ ...... ....... 2 ARTICLE 4: GROUP SECURITY .................................................................... ............................... 3 ARTICLE 5: EMPLOYER SECURITY ............................................................. ............................... 4 ARTICLE 6: EMPLOYER AUTHORITY ........................................................... ............................... 4 ARTICLE 7: GRIEVANCE PROCEDUREIARBITRA TION. ............................. ............................... 4 ARTICLE 8: NONDISCRIMI NATION ............................................................... ............................... 5 ARTICLE 9: SENIORITY.... ...................... ........ ............. ........ ...................... ...................... ....... 6 ARTICLE 10: WORK SCHEDULES ................................................................ ............................... 6 ARTICLE 11: MEAL AND REST PERI ODS .................................................... ............................... 7 ARTICLE 12: OVERTIME ................................................................................ ............................... 8 ARTICLE 13: PROBATIONARY PERIODS ..................................................... ............................... 8 ARTICLE 14: JOB POSTING .......................................................................... ............................... 8 ARTICLE 15: DISCIPLINE.. ...... ........ ...... ........ ...... ...... ........ ...... ........ ...... ...... ........ ...... ....... 9 ARTICLE 16: DEMOTI ON ............................................................................... ............................... 9 ARTICLE 17: VACATIONIANNUAL LEAVE .................................................. ............................... 9 ARTICLE 18: HOLI DAYS ............................................................................... ............................... 14 ARTICLE 19: SICK LEAVE. ...... ........ ...... ........ ...... ...... ........ ...... ........ ...... ...... ........ ...... ..... 11 ARTICLE 20: LEAVES OF ABSENCE .......................................................... ............................... 12 ARTICLE 21: SEVERANCE PAY .................................................................. ............................... 13 ARTICLE 22: INJURY ON DUTY .................................................................. ............................... 14 ARTICLE 23: INSURANCE ........................................................................... ............................... 14 ARTICLE 24: CLOTHING AND EQUI PMENT ............................................... ............................... 16 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ....................................... ............................... 16 ARTICLE 26: PERSONNEL FI LE .................................................................. ............................... 17 ARTICLE 27: TUITION REIMBURSEMENT ................................................. ............................... 17 ARTICLE 28: LEGAL DEFENSE ................................................................... ............................... 17 ARTICLE 29: REQUIRED LI CENSES ........................................................... ............................... 18 ARTICLE 30: WAGE SCHEDULE ................................................................. ............................... 18 ARTICLE 31: SAFETY ................................................................................... ............................... 19 ARTICLE 32: WAI VER ................................................................................... ............................... 19 ARTICLE 33: SAVINGS CLAUSE ................................................................. ............................... 19 ARTICLE 34: DURATION .............................................................................. ............................... 24 APPENDIXA .................................................................................................. ............................... 21 APPENDIX .................................................................................................. ............................... 22 APPENDIX ................................................................................................. ............................... 23 APPENDIXD ................................................................................................. ............................... 26 Packet Page Number 129 of 177 ARTICLE 1: PURPOSE AND INTENT Attachment 6 This Agreement entered into as of January 1, 2011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called "Employer" and /or "City ", and Maplewood Confidential & Supervisory GROUP hereinafter called the "Collective Bargaining Group" and/or "Group." It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2 : RECOGNITION 2.1 The EMPLOYER recognizes the GROUP as the exclusive representative, for All Employees of the City of Maplewood, Minnesota, who are public employees within the meaning of Minnesota Statutes 179A.03, Subdivision 14, who are confidential within the meaning of Minnesota Statutes 179A.03 Subdivision 4 or who are both supervisory and confidential within the meaning of Minnesota Statutes 179A.03 Subdivisions 4 and 17, excluding supervisory employees within the scope of the existing "supervisory appropriate unit. 2.1.1 The position of Assistant City Manager shall be excluded for the life of this Agreement. 2.2 In the event the EMPLOYER and the GROUP are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 GROUP: City of Maplewood Confidential & Supervisory GROUP. 3.2 EMPLOYER: The City of Maplewood, Minnesota. 3.3 DEPARTMENT HEAD: Citizen Services Director /City Clerk, Police Chief, Fire Chief, IT Director, Finance Director, Community & Parks Development Director and similar titles that may be created. 3.4 EMPLOYEE: A member in good standing of the Confidential and Supervisory GROUP, covered by this AGREEMENT. 3.5 SENIORITY: Employee's length of continuous service with the EMPLOYER. 3.6 CONTINUOUS SERVICE: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. Packet Page Number 130 of 177 Attachment 6 3.7 GRIEVANCE: A dispute or disagreement as to the interpretation or application of the terms and conditions of this AGREEMENT. 3.8 REGULAR FULL -TIME EMPLOYEE: An Employee who is holding a regular full -time position with the City of Maplewood. A regular FT position is a position that is not temporary or seasonal in nature and is expected to work at least 40 hours per week. 3.9 REGULAR PART -TIME EMPLOYEE: An Employee who holds a regular part -time position (regularly expected to work 14 hours or more and less than 32 hours per week). 3.10 JOB CLASS SENIORITY: Employee's length of continuous service in a job class. 3.11 EXEMPT: Not covered by the federal and state Fair Labor Standards Acts overtime requirements. 3.12 NON - EXEMPT: Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4 : GROUP SECURITY In recognition of the GROUP as the certified exclusive representative, the EMPLOYER shall: 4.1 Initiation Fees - Deduct an amount sufficient to provide the payment of initiation fees established by the GROUP from the wages of all Employees covered by this AGREEEENT. 4.2 GROUP Dues - Deduct an amount sufficient to provide the payment of dues established by the GROUP from the wages of all Employees covered by this AGREEMENT. Such monies shall be divided equally among the pay - periods and shall be remitted with an itemized statement to the appropriate designated officer of the GROUP. Dues appeals or challenges may be filed in accordance with State Statute. 4.3 Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 1 79A.06, Subd. 3 and remit such deduction, with an itemized statement, to the appropriate designated officer of the GROUP within ten (10) days following said deduction. 4.4 Bulletin Board - Furnish and maintain one (1) bulletin board in a convenient place which may be used by the GROUP for posting of proper notices and bulletins at each location where Employees are regularly scheduled. 4.5 GROUP Stewards - The GROUP may designate certain Employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. Officers of the GROUP shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting GROUP business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the GROUP shall be allowed leaves of absence without pay, when requested, to fulfill their duties as GROUP Officers as allowed by State Statute. 4.6 Hold Harmless - The GROUP agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. Packet Page Number 131 of 177 ARTICLE 5 : EMPLOYER SECURITY Attachment 6 The GROUP agrees that during the term of this AGREEMENT the GROUP will not cause, encourage, participate in or support any strike, intentional slow -down or other interruption of or interference with the normal functions of the Employer. ARTICLE 6: EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. ARTICLE 7 : GRIEVANCE PROCE©UREIARBITRATION 7.1 For purpose of this AGREEMENT, the term "grievance" means any dispute between the EMPLOYER and the employee(s) concerning the interpretation or application of the terms and conditions of this AGREEMENT. Both parties recognize that should a provision of the AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any employment rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the GROUP agree to the following grievance procedure. Each step of the grievance procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 7.2 Processing of a Grievance - It is recognized and accepted by the GROUP and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such Employee's duties and responsibilities. The aggrieved Employee and the GROUP 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 GROUP representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for absence. 7.3 Procedure - Any grievance or dispute between the parties relative to the application, meaning or interpretation of this AGREEMENT shall be settled in the following manner: Step 1 . The GROUP Steward, with or without the Employee, shall take up the grievance or dispute with the Employee's immediate supervisor within fourteen (14) calendar days of the date of the grievance or the Employee's knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the employee within fourteen (14) calendar days. In cases of discharge, a grievance must be filed within seven (7) calendar days and the immediate supervisor shall respond within seven (7) calendar days. Step 2 . If the grievance has not been settled in accordance with Step 1, the GROUP shall present the grievance in writing to the appropriate Group Manager within seven (7) calendar days after the immediate supervisor's Step 1 response is due. All grievances shall state the facts on which it is based, when they occurred, the provision or provisions of the AGREEMENT allegedly violated, and the remedy 4 Packet Page Number 132 of 177 Attachment 6 requested. The Group Manager shall respond to the GROUP steward in writing within seven (7) calendar days. Step 3 . If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested, by the GROUP to the City Manager within ten (10) calendar days after the Group Manager's response is due. The City Manager will respond to the GROUP in writing within ten (10) calendar days. Step 4 . If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the GROUP may submit the issue in dispute to binding arbitration within fourteen (14) calendar days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The GROUP will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) calendar days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 7.4 The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the GROUP and shall have no authority to make a decision on any other issue not so submitted. 7.5 The fees and expenses for the arbitrator's service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. 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. 7.7 If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the GROUP 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 agreement of the EMPLOYER and the GROUP without prejudice to either party. 7.8 Should a grievance involve the suspension, demotion or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee's right to seek redress under this Article. ARTICLE 8 : NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations Packet Page Number 133 of 177 Attachment 6 for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 9 : SENIORITY 9.1 Determininq Criterion — Seniority will be the determining criterion for transfers, newly created positions and promotions only when all other qualification factors are equal. 9.2 Layoff - In the event it becomes necessary to lay off Employees for any reason, Employees within a given job classification shall be laid off in inverse order of their job class seniority (providing the remaining Employees have the ability, license or certification required of a position or can be trained to perform the remaining work and become licensed or certified in a timely manner as required by the position) in the following order: a. Temporary, interim or acting employees b. Probationary part -time employees c. Probationary full -time employees d. Regular part -time employees e. Regular full -time employees 9.3 Recall - Employees shall be recalled from layoff according to job class seniority. No new Employee shall be hired for a job classification for which a layoff has occurred until all Employees on layoff status within that job classification have been given ample opportunity to return to work within one (1) year of said layoff. The City will notify Employees on layoff to return to work by registered mail, at that Employee's last recorded address. The Employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for re- employment. 9.4 Promotion Outside Bargaining Unit - Employees promoted or transferred outside the bargaining unit shall maintain their job class seniority in the unit for thirty (30) days. 9.5 Seniority List - The EMPLOYER agrees to provide the GROUP, upon request, a seniority list not more than four (4) times per year. 9.6 Continuous Service - For purposes of seniority, an Employee's continuous service record shall be broken by voluntary resignation, discharge for just cause, and retirement. ARTICLE 10 : WORK SCHEDULES 10.1 Normal Workday/Work Week - The sole authority for determining work schedules is the Employer. The Employer may arrange a flexible schedule for Employees within the Department. The normal workday for a non - exempt Employee shall be eight (8) hours; normal hours that Employer offices are open for business are 8:00 a.m. to 4:30 p.m.; and the normal workweek shall be forty (40) hours Monday through Friday. 10.2 Regular Shifts - Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis other than the normal work day or work week. The EMPLOYER will give advance notice to the Employees affected by the establishment of workdays different from the Employee's normal workday. 10.3 Unusual Work Circumstances - In the event that work is required because of unforeseen unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more 6 Packet Page Number 134 of 177 Attachment 6 than eight (8) hours; however, each Employee has an obligation to work overtime if requested unless unusual circumstances prevent him /her from doing so. 10.4 Saturday /Sunday Work Weeks - Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and /or Sundays for select positions. 10.5 Permanent Schedule Changes -Any permanent changes in the work schedule should be preceded with a four (4) week notice to the affected Employees. 10.6 Out -of -Class Assignment — Any Employee working an out -of -class assignment for four (4) hours or more shall be paid at a rate within the higher job classification, but in no case shall the Employee receive less than 5% per hour additional. For the purposes of this Article, an out -of -class assignment is defined as an assignment of an Employee to perform the significant duties and responsibilities of a position different from the Employee's regular position, and which is in a higher classification within the bargaining unit. Also for purposes of this Article, Employees will be paid at the higher rate only for the hours worked at the higher rate. 10.7 Flexible Scheduling — Non - exempt Employees, who normally work eight (8) hour shifts, will be paid one and one -half (1 -1/2) times the Employee's regular pay rate for all hours worked in excess of eight (8) hours, when required to work more than eight (8) hours. Changes of shift do not qualify an Employee for overtime under this article. Non - exempt Employees who normally work shifts of longer than eight (8) hours, will be paid one and one half (1 -1/2) times the Employee's regular pay rate for all hours in excess of the normal shift length. Schedule changes made by the supervisor shall be posted for fourteen (14) days prior to the effective date. At the Employee's request, Employees may work a shorter shift than that normally required and may make up the time on another shift, upon approval of their supervisor. When Employees avail themselves of this approved flexible scheduling, they will not be eligible for overtime for the longer shift. Under no circumstances will an Employee be allowed to work more than forty (40) hours in a given week due to selecting this option, if they would not have been eligible to do so prior to selecting it. 10.8 Exempt Employees — Department Heads or exempt Employees are normally required to work the number of hours necessary to fulfill their responsibilities including evening meeting and /or on -call hours. The normal hours of business for Department Heads are Monday through Friday, 8 a.m. to 4:30 p.m. Department heads are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in extra hours above and beyond the normal 8 a.m. to 4:30 p.m. Monday through Friday requirement. All exempt positions may also require work beyond forty (40) hours per week. In recognition for working extra hours, these Employees may take time off during their normal working hours with supervisory approval. ARTICLE 11 : MEAL AND REST PERIODS An Employee may take an unpaid meal period and two (2) paid - fifteen (15) minute rest periods during a normal work day at times determined by the Employee and their immediate supervisor. The length of the meal period will vary depending on department and job title. With supervisory approval, rest periods may be added together, added to a lunch break or added to an unpaid break to workout at the Community Center or do personal business. Police and Fire Department 7 Packet Page Number 135 of 177 Attachment 6 personnel will receive paid meal and rest breaks and remain available for an immediate return to duty should an event dictates it. ARTICLE 12 : OVERTIME 12.1 Daily/Weekly Overtime — For non- exempt Employees, hours worked in excess of eight (8) hours within an assigned work day or more than forty (40) hours within an assigned work week will be compensated at one and one -half (1 -112) times the Employee's regular pay rate. Employees normally working shifts greater than eight (8) hours in length will be eligible for overtime for hours in excess of the normal shift length or in excess of forty (40) hours per week. 12.2 Holidays Worked — Hours worked by non - exempt employees on holidays, except Thanksgiving, Christmas, and New Years, will be compensated for at one and one -half (1 -112) times the Employee's regular pay rate in addition to the compensation provided in the wage schedule. Hours worked by non- exempt employees on the holidays of Thanksgiving, Christmas, and New Years will be compensated for at two (2) times the employee's regular pay rate in addition to the compensation provided in the wage schedule. 12.3 No Duplication of Overtime — For the purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 12.4 Computing Overtime — All paid leave time shall be considered time worked for the purpose of computing overtime. ARTICLE 13; PROBATIONARY PERIODS 13.1 Probationary Period - New Employees - All newly hired or rehired Employees will serve a one (1) year probationary period. At any time during the probationary period a newly hired or re -hired Employee may be terminated at the sole discretion of the EMPLOYER. 13.2 Probationary Period - New Classification - All Employees promoted or transferred will serve a six (6) month probationary period in any job classification in which the Employee has not served a probationary period. At any time during the probationary period a promoted or reassigned Employee may be reassigned to the Employee's previous position at the sole discretion of the EMPLOYER. Notwithstanding the above, any position under the authority of the Police Civil Service Commission shall still serve one (1) year probation. 13.3 At any time during the first thirty (30) calendar days of the probationary period a promoted Employee may be reassigned to the Employee's previous position at the discretion of the EMPLOYEE with the approval of the EMPLOYER which will not be unreasonably withheld or delayed. ARTICLE 14 : JOB POSTING 14.1 Promotion From Within - The EMPLOYER and the GROUP agree that regular job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: a. have the qualifications deemed necessary by the EMPLOYER to meet the standards of the job vacancy; and 8 Packet Page Number 136 of 177 Attachment 6 b. have the ability deemed necessary by the EMPLOYER to perform the duties and responsibilities of the job vacancy. 14.2 Selection Decision - The EMPLOYER has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 14.3 Job Posting - Job vacancies within the designated bargaining unit will be posted for a minimum of ten (10) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 15 : DISCIPLINE 15.1 The EMPLOYER will discipline Employees for just cause only. All discipline shall be in writing and will normally be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 15.2 At the request of the Employee, oral reprimands shall be removed from the Employee's personnel file after one year, provided the Employee is not involved in a progressive discipline action. Written reprimands and suspension notices shall be removed from the Employee's personnel file after five years, provided the Employee is not involved in a progressive discipline action. Demotion references will be removed from the Employee's personnel file after five years. ARTICLE 16 : DEMOTION Employees may be demoted if they have been found unsuited for the present position but may be expected to perform satisfactorily in a lesser position. Employees may also be demoted if their position(s) has been abolished or reclassified to a lower class. Employees who voluntarily demote or are demoted due to performance issues shall have their pay established within the range of the new classification at a level determined by the Human Resource Department. ARTICLE 17 : VACATION I ANNUAL LEAVE 17.1 Vacation Schedule - Full -time employees hired before May 5, 2001 shall normally earn paid vacation leave (accrued on a biweekly basis) according to the following schedule: Years of Service Annual Accrual Rates Date of hire through 4th year of service 10 working days per year 5th through 11th year of service 15 working days per year 12 through 20 year of service 20 working days per year 21 years of service and thereafter 25 working days per year Regular part -time Employees hired before May 5, 2001 who work (and are on payroll) at 20 or more hours per week will accrue vacation on a pro -rated basis consistent with hours worked (exclusive of overtime hours). Employees who have vacation accrual greater than the annual accrual rate schedule, will continue accruing at the higher rate and progress through the steps proportionally. Packet Page Number 137 of 177 Attachment 6 17.2 Maximum Vacation Accumulation - At year -end, Employees shall not carryover more than one and one -half (1 -1/2) times his /her annual earned vacation. Employees will be eligible for 100% of their vacation balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). 17.3 Vacation Conversion — On December 1st of each year, full -time and regular part -time Employees who are at the three (3) week vacation accrual rate or higher, with a minimum balance of eighty (80) hours, shall be eligible to convert up to forty (40) hours of unused vacation time to deferred compensation. Employees at the four (4) week accrual rate with an 80 hour minimum balance shall be eligible to convert up to sixty (60) hours. Conversion will be at the Employee's current hourly rate as of December 1 st and will be on the basis of one (1) hour of vacation for one (1) hour of deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 17.4 Annual Leave — EMPLOYER and the GROUP hereby incorporate the Annual Leave Program as adopted by the City of Maplewood on February 12, 2001 and revised on September 23, 2002. (See Appendix C) Articles 17.1, 17.2 and 17.3 do not apply to Employees who accrue Annual Leave in lieu of vacation and sick leave. 17.5 Full -time Employees who converted to Annual Leave and all new hires after May 5, 2001 shall normally earn paid annual leave (accrued on a biweekly basis) according to the following schedule: Years of Service Annual Accrual Rates Date of hire through 4th year of service 19 working days per year 5th through 11 th year of service 24 working days per year 12 through 20 year of service 29 working days per year 21 years of service and thereafter 34 working days per year Annual Leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part -time Employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a pro -rated basis based on regular hours worked. Employees who have annual leave accrual greater than the annual accrual rate schedule, will continue accruing at the higher rate and progress through the steps proportionally. 17.6 Annual Leave will accrue on a pay - period basis for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62 -day cap. No additional accrual will occur above the cap. Employees will be eligible for 100% of their annual leave balance when they leave City service in cash payment or deposited in the Employee's deferred compensation account unless it must be paid into the approved RHS plan pursuant to its rules. ARTICLE 18 : HOLIDAYS 18.1 Holidays Observed - Full -time Employees shall be compensated for a full eight (8) hour day (pro -rated for regular part -time Employees who work and are on payroll 20 or more hours per week) if on paid status at the time of any of the following holidays: DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day 10 Packet Page Number 138 of 177 Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Attachment 6 When holidays fall on a Saturday or Sunday, the City shall designate the preceding Friday or following Monday as the "observed" holiday for City operations/facilities that are closed on holidays. Overtime for working on a holiday as provided above shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. 18.2 Personal Holidays — Full -time Employees shall also receive two (2) personal holidays per year in accordance with the above (pro -rated for regular part -time Employees who work or are on payroll 20 or more hours per week). The date of such personal holiday shall be requested by the Employee and approved by the EMPLOYER. ARTICLE 19: SICK LEAVE 19.1 Use of Sick Leave - A full -time Employee hired before May 5, 2001 shall accumulate sick leave at a rate of one and one - quarter (1 -114) days per month, accrued on a pay - period basis, except as provided below. Regular part -time Employees hired before May 5, 2001 who work (and are on payroll) at 20 or more hours per week shall accrue sick leave on a pro -rated basis consistent with hours worked (exclusive of overtime hours). All other conditions of accrual and use of sick leave for regular part -time Employees shall be the same as for full -time Employees. Sick leave does not accrue during an unpaid leave of absence. Employees who are on annual leave do not accrue sick leave. Employees hired before May 5, 2001 who are covered by the Police Civil Service Commission cannot accumulate more than 300 days of sick leave. Sick leave may be approved only for days when an Employee would otherwise have been at his or her employment. It may be used, with the approval of the immediate supervisor, in any of the following cases: a. when the Employee cannot work because of illness, injury, or disability of themselves, their children, spouse, parents, stepchildren, or stepparents; b. for medical, dental, chiropractic or optical examinations or treatment of the Employee, or the Employee's children (appointments should be scheduled to minimize the amount of disruption to the workday); c. when the Employee's presence would jeopardize the health of other Employees by exposing them to contagious disease or illness. 19.2 Sick leave will also be approved for use in accordance with the Family and Medical Leave Act. Employees shall notify the EMPLOYER at or before their normally scheduled starting time of any illness for which they wish to take sick leave. The EMPLOYEE must submit satisfactory proof of illness or injury, by way of a doctor's certificate, if requested by the EMPLOYER. Those employees who misuse sick leave shall be subject to disciplinary action. Any action taken by the EMPLOYER under this Article shall be subject to the grievance procedure. 11 Packet Page Number 139 of 177 Attachment 6 19.3 Sick Leave Conversion — Employees hired before May 5, 2001 who accrue sick leave, may participate in the following optional sick leave conversion program. Said sick leave conversion program shall provide for the conversion of forty percent (40 %) of the Employee's annual earned and unused sick leave to vacation or deferred compensation after an Employee has accumulated forty -five (45) days or more of sick leave as provided above. The conversion shall be made annually on January 1 at the Employee's request. Conversion shall be based only on sick leave days earned and unused during the previous twelve (12) months. One -half (112) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one -half (112) shall be forfeited by the Employee to the City at the time of conversion. The amount of sick leave earned and unused in the prior year that is eligible for conversion shall be prorated for part -time employees. 19.4 Conversion After 800 Hours - On December 31st of each year full -time and regular part - time Employees with 800 hours or more of accumulated sick leave shall be eligible to convert sick leave accumulated in the previous 12 months to vacation or deferred compensation at the Employee's current pay rate on the basis of 2 hours of sick leave for 1 hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty -eight (48) hours of vacation and deferred compensation. The amount of sick leave earned and unused in the prior year which is eligible for conversion shall be pro- rated for part-time Employees. 19.5 Annual Leave — Article 19 does not apply to Employees who accrue annual leave except as provided in the Annual Leave Program (Deferred Sick Leave and Severance Pay Sections). ARTICLE 20 : LEAVES OF ABSENCE The EMPLOYER agrees to provide to full -time and regular part-time Employees the following leaves of absence with reasonable written notice from the Employee: 20.1 Military Leave - Military leave with pay for reserve training, not to exceed fifteen (15) working days per calendar year, when ordered by the appropriate authorities. Military leave in excess of fifteen working days shall be awarded in accordance with State and Federal law. 20.2 Jury Duty Leave - Jury duty leave when ordered by the appropriate authorities. Regular full -time and part-time Employees shall be granted paid leaves of absence for required jury duty. Such Employees shall be required to turn over any compensation received for jury duty, minus mileage, meal or expense reimbursement, to the City in order to receive their regular wages for the period. Time spent on jury duty shall not be counted as time worked in computing overtime. If the jury is dismissed more than two (2) hours prior to the end of the Employee's regular scheduled shift, the Employee shall report to work. Employees who are scheduled to work evening or night shift will be changed to day shift for the period of time they are required to serve on jury duty. Employees must notify the City as soon as possible after receiving notification of their order to serve. 20.3 Educational Leave - Educational leaves with pay for work - related conferences and seminars, which occur during regular working hours when attendance is approved by the EMPLOYER. The EMPLOYER further agrees to pay reasonable costs related to the above. 20.4 Funeral Leave -A maximum of three (3) days (24 hours) of funeral leave with pay shall be extended to a full -time Employee upon the death of a member of the immediate family of said Employee or his/her spouse (i.e., spouse, children, sons -in -law, daughters -in -law, 12 Packet Page Number 140 of 177 Attachment 6 grandchildren, parents, grandparents, brothers, sisters, legal guardian or individuals who are under an Employee's or spouse's legal guardianship) for attendance to the funeral or other demonstrated need in relation thereto. The actual time off, and funeral leave approved, will be determined by the Department Head depending on the individual arrangements to be made, distance to the funeral, etc. Funeral leave provided in accordance with this article will be pro -rated for part -time employees. 20.5 Parenting Leave —Employees who work twenty (20) or more hours per week and have been employed more than one (1) year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six (6) weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. Employees are not required to use sick leave during parental leave but may use sick leave at their option for any period of this leave they are unable to work due to medical reasons. In addition, sick leave of up to three (3) days for a normal delivery and up to four (4) days for a caesarean delivery may be requested by Employees in order to take the expectant mother to the hospital for delivery and during the days immediately following the birth including bringing the mother and child home. Employees on annual leave will use annual leave in lieu of sick leave unless they are eligible for deferred sick leave. The Employee is entitled to return to work in the same position and at the same rate of pay the Employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave. If the Employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. Both leaves will run concurrently until eligibility for either leave expires. Seniority will continue to accrue during the six (6) week parental leave for eligible Employees. Employees who have not completed their probationary period, and are therefore not covered under the law, may receive up to a maximum of two (2) weeks unpaid leave that is not adjusted for seniority with authorization of the department head and City Manager. Employees shall be eligible for FMLA in accordance with Federal Law ARTICLE 21 : SEVERANCE PAY 21.1 All regular Employees who leave the employ of the City in good standing by retirement or resignation shall receive pay for 100% of unused accrued vacation, personal holidays or annual leave (and compensatory time if applicable). 21.2 Employees who retire, resign or are laid off shall be entitled to severance pay which shall be computed at their regular rate of pay at the time of severance and shall amount to one - half (112) of the accumulated sick leave with a maximum allowance of 50 days pay. In the case of the death of an Employee who has become eligible for severance pay in accordance with this AGREEMENT, the beneficiary of the Employee shall be eligible to receive the Employee's severance pay as provided above. Notwithstanding the above, Employees covered by the Police Civil Service Commission are eligible for 50% of their sick leave with a maximum payout of 1,200 hours. In case of death in the line of duty for any employee covered under this Agreement,100% of the accumulated sick leave /deferred sick leave shall go directly into the employee's RHS plan in accordance with the Plan. 13 Packet Page Number 141 of 177 Attachment 6 21.3 If an Employees moves from one bargaining unit to another, the hours accrued and unused prior to the change will be covered by the applicable union contract in effect at the time of the change. ARTICLE 22 : INJURY ON DUTY Employees injured, or contracting an illness, from actual service for the EMPLOYER and thereby rendered incapable of performing their duties shall receive pay equal to their regular pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury, subject to the following conditions: a. In order to receive the benefits of this section for a period exceeding seven (7) days, the injury or illness must be determined to be eligible under worker's compensation. b. In order to be eligible for the benefits of this section for a period of seven (7) days or less, the EMPLOYER must determine that the injury is "on- the -job" in nature. c. In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty -four (24) hours of the injury to the EMPLOYER. d. If an Employee takes advantage of this section all salary related benefit income (such as worker's compensation, disability payments, etc.) must be turned over to the EMPLOYER. e. Benefits of this section shall assure Employees of their current pay rate only and shall not include allowances for overtime or other pay. f. The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g. The EMPLOYER may require a reasonable number of physical examinations by a physician of the City's choice at reasonable times at the City's expense. h. This section does not apply in the case of death of an Employee on duty or otherwise. i. The current pay rate of an Employee will continue until the "on-the-job" status of an injury has been determined if said injury appears to be "on- the - job ". However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, annual leave, or compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. In the event vacation time is used, upon the return to work of the Employee, 50% of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. j. Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. k. This section shall not be applicable if such job related injury is due to intentional negligence on the part of the employee so injured. ARTICLE 23: INSURANCE 23.1 Health Insurance —The Employer will pay 100% of the cost of the employee (single) 14 Packet Page Number 142 of 177 Attachment 6 health insurance premium, and 50% plus $45 toward the cost of the monthly dependent health insurance premium, for the High Deductible Health Plan (hereafter the "HDHP "). For any employee who chooses to participate in any other plan offered by the City, if any, the City will only contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families towards the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. All Employees hired after January 1, 2009 shall only be offered the HDHP. The Employer shall also contribute towards the cost for insurance as more fully set forth in Appendix D attached hereto and incorporated herein by reference. In addition, the City will pay 50% of the cost of Employee (single) coverage for the HDHP for Employees who work (and are on payroll) 30 or more hours per week. Regular part -time Employees with this status may purchase dependent coverage at their own cost. 23.2 Dental Insurance -The EMPLOYER shall pay one hundred percent (100 %) of the cost of Employee (single) dental insurance premium. Dental benefits apply to full -time employees only. 23.3 IRS -125 Plan -As permitted, the EMPLOYER shall provide an IRS -125 Plan to be used for Employee's health and dental insurance premiums. 23.4 Life Insurance -The EMPLOYER shall provide a life insurance policy with a benefit value equal to 100% of regular annual salary to a maximum of $40,000 for all full -time Employees. 23.5 Long -Term Disability Insurance - The EMPLOYER will provide Long -Term Disability Insurance with the cost of such being fully paid by the EMPLOYER. Such Long -Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT. Employees are not eligible for vacation, sick leave, or annual leave accrual while receiving Long -Term Disability payments except for hours on payroll using accrued leave. Coverage shall also be provided to regular part -time Employees who work (and are on payroll) 20 or more hours per week. 23.6 Short -Term Disability Insurance - The EMPLOYER agrees to provide optional, Employee - paid short -term disability insurance coverage for all regular Employees who are on payroll at 20 or more hours per week. Employees may elect this optional coverage at the Employee's cost. 23.7 Long -term Care — Employees are eligible to elect coverage in the City's optional Long- term care benefit at the Employees cost, if they meet the criteria established in the plan. 23.8 Retiree Health Savings - The City agrees to provide a retiree health savings plan with the following plan specifications: A. Participant and benefit eligibility criteria: Must be full -time employee, no minimum or maximum age and no years of service requirement. B. Benefits will be limited to insurance premiums only (health, dental, vision and long- term care premiums, Medicare Part B, Medicare Part D, Medicare supplements and other prescription drug insurance premiums). C. The RHS plan will be funded by severance pay as follows: 1. 100% of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is age 50 or above at the time of separation from service. 15 Packet Page Number 143 of 177 Attachment 6 2. 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee's balance is at least 80 hours at the time of separation from service and the employee is at least age 50. If under 80 hours or under age 50, nothing would go in. 3. 100% of accrued vacation and personal holidays would be deposited into the RHS plan if the employee is at least age 50 and their vacation balance is at lease 80 hours at the time of separation from service. If under 80 hours or age 50, nothing would go in. D. The RHS plan will be funded with annual deposits as follows: Employees who are eligible for annual leave and are at least age 50, will have the cash value of 16 hours of annual accrued but unused annual leave deposited into the RHS plan if the annual leave balance is at least 240 hours on the last payroll in December. In addition, there would be an annual deposit of the cash value of all hours over 300 hours - as of the last payroll in December. (Under the first part of this provision, if an employee uses all of their annual accrual in a particular year, nothing will go into the plan that year. If they use all but 10 hours, the 10 would go in.) 2. Employees that have a vacation balance of 160 or more hours on the last payroll in December, and are at least age 45, will have the cash value of 16 hours of annual accrued but unused vacation deposited into the RHS plan. In addition, employees of any age will have the cash value of all vacation hours in excess of the carryover limit (1.5 times annual accrual) deposited into the RHS plan. (If an employee uses all the vacation they earn that year or their balance did not exceed the carryover limit, nothing would go in.) 3. All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. ARTICLE 24 : CLOTHING AND EQUIPMENT Employees covered by the Police Civil Service Commission will receive clothing and equipment consistent with that allowed in the LELS (Local 173) Sergeants contract currently in effect. Fire Department employees will receive clothing and equipment consistent with that allowed in the IAFF (Local 4470 - O) contract currently in effect. The positions of Street Maintenance Superintendent and Sanitary Sewer /Fleet Management Superintendent will receive clothing and equipment consistent with that allowed in the AFSCME Council No. 5 (Local 2725) contract currently in effect. ARTICLE 25 : TRAVEL AND MEAL ALLOWANCE 25.1 Mileage - The EMPLOYER agrees to pay mileage reimbursement at the current IRS rate to Employees required by the EMPLOYER to use their private vehicles for official City business, excluding Employees who receive a mileage allowance. 25.2 Mileage Allowances — Department Heads and the City Engineer /Assistant Public Works Director will receive car allowances of $200 per month for each position. The City does not reimburse or pay mileage allowances for portal -to- portal travel (home to work and back home again). 25.3 Take Home Vehicles — Vehicles are provided to Employees to assist in conducting City business. Use of City -owned property and vehicles outside work hours will be allowed 16 Packet Page Number 144 of 177 Attachment 6 only in situations where such use constitutes a benefit to the City, including personal use incidental to the use of the vehicle for City business. Use of take -home vehicles for driving to and from work or work - related meetings or training on off -duty hours is permitted. Employees with take home vehicles must have sufficient equipment in the vehicle to respond to a call whenever their vehicles are used. Currently, the only Employees outside of the Police and Fire Departments with take home vehicles the Street Maintenance Superintendent and the Sanitary Sewer /VEM Superintendent. 25.4 Meals — Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. Per diem meal and incidental expenses as set forth in the annual General Services Administration Meals and Incidentals Expenses Table located on the internet at www.gsa.gov /mie will be allowed without receipts being required. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. Also, if a meal is provided as part of the training, seminar, conference or other event being attended, an appropriate deduction shall also be made for that meal. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. ARTICLE 26 : PERSONNEL FILE A copy of any material to be placed in an Employee's personnel file during the term of this AGREEMENT shall be provided to the Employee. All disciplinary action material more than three (3) years old will not be used in further disciplinary actions. All disciplinary action material will be removed after five (5) years if no further disciplinary action has been taken except as specified in Article 15.2. ARTICLE 27: TUITION REIMBURSEMENT The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as "Microsoft Word@ "), upon successful completion with a "C" grade or better, seventy -five (75 %) reimbursement upon completion with a "B" grade or better and eighty five percent (85 %) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non- working hours. Part -Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro -rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 28 : LEGAL DEFENSE Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his /her employment, when such act is performed in good faith and under direct order of his /her supervisor, shall be reimbursed for reasonable attorney's fees and Court costs actually incurred by such Employee in defending against such charge. Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of Employee judgmental decision outside the scope of their employment may not receive legal defense by the City. 17 Packet Page Number 145 of 177 ARTICLE 29 : REQUIRED LICENSES Attachment 6 The City agrees to pay for licenses and certifications and renewal of same that are required by law or the City, except driver licenses. ARTICLE 30: WAGE SCHEDULE 30.1 Cost of Living EMPLOYER shall pay a 0% increase effective January 1, 2011 for all Employees. EMPLOYER shall also pay a 1 % increase effective January 1, 2012 for all Employees. These cost of living increases have already been included within the salary ranges set forth in Appendices A and B. 30.2 Deferred Compensation In 2011 the EMPLOYER will contribute to each full -time Employee an amount up to the percentage contribution made in 2010 so long as the Employee contributes a matching amount of their regular salary to be deposited into an approved deferred compensation plan. In 2012 the EMPLOYER will contribute to each full -time Employee an amount up to the percentage contribution made in 2011, less .5% for those Employees who were eligible to receive a 4% deferred compensation contribution in 2011 and less .25% for those Employees, who were eligible to receive a 3.5% deferred compensation contribution in 2011, so long as the Employee contributes a matching amount of their regular salary to be deposited into an approved deferred compensation plan. If the percentage amount for an Employee as calculated above falls below $150.00 per month then the Employee may contribute up to $150.00 instead of the lower percentage amount for that Employee, and the Employer shall match such contribution. Regular part -time Employees who work (and are on payroll) twenty (20) or more hours per week will receive a pro -rated amount deposited into an approved deferred compensation plan under the same conditions as full -time employees. 30.3 Incumbent Salary Ranges EMPLOYER agrees to maintain the current salary ranges for all existing employees holding GROUP positions as of November 1, 2007 (except some positions have been increased pursuant to agreement between the parties to be equal to salaries to be paid to hew hires or transfers). These salary ranges have been adjusted by 0% for 2011 and 1 % for 2012 for both the minimum and maximum salary for each position and shall be paid according to the attached salary ranges set forth and incorporated herein at Appendix A. See Appendix A— Current Incumbents Salary Ranges. 30.4 New Hire/Transfers Salary Ranges: For new hires and for Employees transferred into the GROUP after November 1, 2007, EMPLOYER shall pay newly hire /transferred Employees as specified in Appendix B attached hereto and incorporated herein. These salary ranges have been adjusted by 0% for 2011 and 1 % for 2012 for both the minimum and maximum salary for each position. See Appendix B —New Hires and Transferred Employees. 30.5 Anniversary increases Employees (current incumbents and new hires /transferred) are eligible for an increase in pay on their anniversary date, provided they are not already at the maximum salary for their pay range. Employees must be fully satisfactory to move up in their salary range. If an Employee is not fully satisfactory, their increase will be delayed until they have received two consecutive fully satisfactory performance reviews. Once a delayed increase is provided, the new eligibility date for pay increases for that Employee will change to the date the delayed increase went into effect. Movement within the ranges is based on time in the position and performance. It is the employee's responsibility to direct a request/justification for an anniversary increase in writing to his /her supervisor, or Department Head, if applicable. Anniversary increases shall be granted at the Department Head's or, if for a Department Head, the City Manager's discretion /approval. 18 Packet Page Number 146 of 177 Attachment 6 The following is a chart for parameters for determining pay increases. If current salary is: Bottom of Range: 25% - 50% of Range: 50% - 75% of Range: Top 25% of Range: Increase can be: Up to 5% Up to 4.5% Up to 4% Up to 3.5% Employees will normally be hired at the minimum pay. Exceptions can be approved by the City Manager based on qualifications and experience. Employees who are promoted will move to a pay rate, which gives them at least a 3% increase over their pre - promoted pay rate, subject to limitations of the salary range maximum. ARTICLE 31; SAFETY 31.1 Joint Safety The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 31.2 Safety Committee The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 32 WAIVER 32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 32.2: 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 conditions 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. 32.3: The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 33 : SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. 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 provision shall be voided. All other provisions of this 19 Packet Page Number 147 of 177 Attachment 6 agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 34 : DURATION This AGREEMENT shall be effective as of January 1, 2011, and shall remain in full force and effect through the thirty -first (31 st) day of December 2012. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 20 FOR THE CITY: Mayor City Manager Human Resources David Kvam - President Terrie Rameaux — Vice President Michael Thompson - Secretary 20 Packet Page Number 148 of 177 APPENDIX A CONFIDENTIAL & SUPERVISORY GROUP ANNUAL SALARY RANGES Current Incumbents 2011 & 2012 Attachment 6 21 Packet Page Number 149 of 177 2011 2012 Minimum Maximum Minimum Maximum Assistant City Engineer 74,667 95,810 75,414 96,768 Assistant Finance Director 75,633 99,718 76,389 100,715 Citizen Services Director /City Clerk 87,952 108,774 88,832 109,862 Community & Park Development Director Finance Director 87,110 116,021 87,981 117,181 Fire Chief 86,106 114,851 86,967 116,000 GIS Analyst 51,132 67,679 51,643 68,356 Human Resource Coordinator 57,637 76,515 58,213 77,280 IT Director 72,776 95,604 73,504 96,560 IT /Network Analyst 50,599 66,930 51,105 67,599 IT Technician 45,010 59,537 45,460 60,132 Payroll Coordinator 48,547 64,868 49,032 65,517 Police Chief 100,158 123,415 101,160 124,649 Police Lieutenant 87,885 102,009 88,764 103,029 Sanitary Sewer /Fleet Mgmt. Superintendent 70,077 90,643 70,778 91,549 Senior Administrative Assistant 46,074 58,834 46,535 59,422 Street Maintenance Superintendent 70,077 90,643 70,778 91 ,549 21 Packet Page Number 149 of 177 Attachment 6 CONFIDENTIAL & SUPERVISORY GROUP ANNUAL SALARY RANGES New Hires and Transferred Employees after November 1, 2007 22 Packet Page Number 150 of 177 2011 2012 Minimum Maximum Minimum Maximum Assistant City Engineer 71,250 92,316 71,963 93,239 Assistant Finance Director 71,318 94,491 72,031 95,436 Assistant Finance Manager 64,186 83,698 64,827 84,535 Assistant Fire Chief /EMS Director 77,983 99,617 78,763 100,613 Assistant Fire Chief /Fire Marshal 77,983 99,617 78,763 100,613 Citizen Services Director /City Clerk 87,952 108,774 88,832 109,862 City Engineer /Deputy Public Works Director 80,306 101,204 81109 102,216 Community & Park Development Director 90,009 109,785 90,909 110,883 Deputy Police Chief 93,878 104,717 94,817 105,764 Finance Director 87,110 116,021 87,981 117,181 Finance Manager 79,214 105,256 80,006 106,309 Fire Chief 83,553 111,451 84,389 112,566 GIS Analyst 51,132 67,679 51,643 68,356 Human Resource Coordinator 56,838 75,451 57,406 76,206 IT Director 70,835 93,470 71,543 94,405 IT Technician 45,010 59,537 45,460 60,132 IT /Network Analyst 50,276 66,495 50,779 67,160 Payroll Coordinator 48,547 64,868 49,032 65,517 Police Chief 99,033 122,037 100,023 123,257 Police Lieutenant 85,410 100,110 86,264 101,111 Sanitary Sewer /Fleet Mgmt. Superintendent 70,077 90,643 70,778 91,549 Senior Administrative Assistant 46,074 58,834 46,535 59,422 Street Maintenance Superintendent 70,077 90,643 70,778 91,549 22 Packet Page Number 150 of 177 APPENDIX C ANNUAL LEAVE PROGRAM Attachment 6 A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the City's vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best "fit" for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor's certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employee's ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by the employee's supervisor, a doctor's statement will not be required.) D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days 23 Packet Page Number 151 of 177 Attachment 6 Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part -time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part -time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro -rated annual leave. Annual leave will accrue on a pay - period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62 -day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as "deferred sick leave" until the balance was exhausted. Deferred sick leave can be used for any doctor - certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know —in advance —they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one - for -one basis for employees who converted from vacation /sick leave to annual leave. G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March, 1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short-Term Disability Insurance - The City adopted an optional short-term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has a long -term disability program in place where benefits begin at ninety (90) calendar days. Short -term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long -term disability insurance payments and their regular take -home pay. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay 24 Packet Page Number 152 of 177 benefits dependent upon an employee's start date. Attachment 6 Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one- far -one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed eighty (80) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employee's current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid in a separate check. Regular rate for the purpose of this policy is the employee's straight time rate not including overtime, pay differentials, out -of -class adjustments or any other additions to regular pay. 25 Packet Page Number 153 of 177 Attachment 6 For those Employees who choose the High Deductible Health Plan (hereafter the "HDHP ") and elect single coverage, the Employer shall deposit $1,900.00 into a Health Reimbursement Account ( "HRA ") for the Employee for each year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the Employer shall deposit $3,200.00 into an HRA for the Employee for each year the Employee participates in the HDHP. Employees who were hired and became covered under the HDHP during the term of the 2009- 2010 contract shall be grandfathered in, up to three years from their start date, at the same deductible vs. contribution level as set forth in the 2009 -2010 contract. The City shall make such deposits by way of pro -rata contributions every two weeks to each Employee's Health Reimbursement Account for each Employee who chooses the HDHP. The City will also provide a funding option which shall be available to any Employee who requires earlier funding of the City's contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting that request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. 26 Packet Page Number 154 of 177 Attachment 7 r , R THE METRO SUPERVISORY ASSOCIATION Packet Page Number 155 of 177 Attachment 7 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ......................... ARTICLE 2: RECOGNITION ................ ............................... ARTICLE 3: DEFINITIONS ................... ............................... ARTICLE 4: ASSOCIATION SECURITY ............................ ARTICLE 5: EMPLOYER SECURITY ... ............................... ARTICLE 6: EMPLOYER AUTHORITY .............................. ARTICLE 7: WORK SCHEDULES ........ ............................... ARTICLE 8: MEAL AND REST PERIODS .......................... ARTICLE 9: PROBATIONARY PERIODS ........................... ARTICLE 10: SENIORITY .................... ............................... ARTICLE 11: JOB POSTING ................ ............................... ARTICLE 12: DISCIPLINE ................... ............................... ARTICLE 13: GRIEVANCE PROCEDUREIARBITRATION ARTICLE 14: VACATION I ANNUAL LEAVE ..................... ARTICLE 15: HOLI DAYS ..................... ............................... ARTICLE 16: SICK LEAVE .................. ............................... ARTICLE 17: LEAVES OFABSENCE . ............................... ARTICLE 18: INJURY ON DUTY ......... ............................... ARTICLE 19: INSURANCE .................. ............................... ARTICLE 20: UNIFORMS .................... ............................... ARTICLE 21: TRAVEL AND MEAL ALLOWANCE............. ARTICLE 22: PERSONNEL FILE ........ ............................... ARTICLE 23: NONDISCRIMINATION . ............................... ARTICLE 24: EDUCATION .................. ............................... ARTICLE 25: LEGAL DEFENSE ......... ............................... ARTICLE 26: WAGE SCHEDULE ....... ............................... ARTICLE 27: SAFETY ......................... ............................... ARTICLE 28: WAIVER ......................... ............................... ARTICLE 29: SAVINGS CLAUSE ........ ............................... ARTICLE 30: DURATION .................... ............................... APPENDIX A ........................................ ............................... APPENDIX B ........................................ ............................... APPENDIX C....................................................................... APPENDIX D ........................................ ............................... 2 2 3 3 3 3 3 4 4 4 6 7 7 8 ....... 10 ....... 12 ....... 12 ....... 12 ....... 12 ....... 12 ....... 13 ....... 13 ....... 13 ....... 14 ....... 15 ....... 16 ....... 17 ....... 20 Packet Page Number 156 of 177 Attachment 7 ARTICLE 1 : PURPOSE OF AGREEMENT This Agreement entered into as of January 1, 2011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called "Employer" and /or "City ", and Metro Supervisory Association hereinafter called the "Association" and/or "Collective Bargaining Group" and/or "Group." It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2 : RECOGNITION The Employer recognizes the Association as the exclusive representative under Minnesota Statutes, Section 179A.03 Subd. 8 as an appropriate bargaining unit consisting of the following job classifications: Activities Coordinator Aquatic Program Manager Assistant Building Official Building Official Chief Building Engineer Citizen Services Supervisor Fitness & Operations Manager Fitness Coordinator Lead Naturalist Member Services Coordinator Natural Resources Coordinator Park Maintenance Foreman Recreation Coordinator Recreation Program Supervisor I Senior Planner ARTICLE 3 : DEFINITIONS 3.1 Metropolitan Supervisory Association (ASSOCIATION) 3.2 Employer - The City of Maplewood, Minnesota. 3.3 Employee - A member of the exclusively recognized bargaining group as set forth in Article 2 of this Agreement employed by the City of Maplewood. 3.4 Base Pay Rate - Employee's hourly pay rate exclusive of longevity pay or any other special allowances. 3.5 Seniority - Employee's length of continuous service with the Employer. Packet Page Number 157 of 177 Attachment 7 3.6 Severance Pay - Payment made to an Employee upon termination of employment as provided in Article 19.7. 3.7 Grievance - A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 3.8 Regular Full -Time Employee - An Employee who is holding a position with the City of Maplewood, that is not temporary or seasonal in nature and is expected to work at least forty (40) hours per week. 3.9 Regular Part -Time Employee - An Employee who is holding a position with the City of Maplewood and is regularly expected to work more than fourteen (14) hours and less than thirty -six (36) hours per week but may work more hours on occasion. 3.10 Job Class Seniority — Employee's length of continuous service in a job classification. 3.11 Exempt - Not covered by the federal and state Fair Labor Standards Act overtime requirements. 3.12 Non- Exempt - Covered by the federal and state Fair Labor Standards Act overtime requirements. ARTICLE 4 : ASSOCIATION SECURITY In recognition of the Associaiton as the exclusive representative, the Employer shall: 4.1 Deduct an amount sufficient per pay period to provide the payment of initiation fees established by the ASSOCIATION from the wages of all Employees who have authorized in writing such deduction. 4.2 Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3 and remit such deduction, with an itemized statement, to the appropriate designated officer of the ASSOCIATION within ten (10) days following said deduction. 4.3 Deduct, each payroll period, an amount sufficient to provide the payment of dues established by the ASSOCIATION from the wages of all Employees who have authorized such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the ASSOCIATION within ten days following said deduction. 4.4 Furnish and maintain one (1) bulletin board, in a convenient place, in the Maplewood City Hall Building and in the Maplewood Community Center which may be used by the ASSOCIATION for posting proper notices and bulletins. 4.5 The ASSOCIATION may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. The Employer agrees to afford reasonable time off, without pay, to elected officials or appointed representatives of the exclusive representative for the purpose of conducting the duties of the ASSOCIATION and agrees to provide for reasonable leaves of absence, without pay, to elected or appointed officials of the ASSOCIATION as provided by Minnesota Statute 179A.07, Subd.6. 4.6 The ASSOCIATION 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 5 ; EMPLOYER SECURITY The ASSOCIATION agrees that during the term of this Agreement the ASSOCIATION will not cause, encourage, participate in or support any strike, intentional slow -down or other interruption of or interference with the normal functions of the Employer. 2 Packet Page Number 158 of 177 ARTICLE 6: EMPLOYER AUTHORITY Attachment 7 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. 6.2 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 7 : WORK SCHEDULES 7.1 The sole authority for determining work schedules is the Employer. The Employee, with the approval of the supervisor, may work a flexible schedule. 7.2 Service to the public may require the establishment of regular shifts other than the normal work day or work week. The Employer will give advance notice to Employees affected by the establishment of workdays different from the Employee's normal workday. 7.3 In the event that work is required because of unusual circumstances such as, but not limited to, fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal workday be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call- backs, if requested, unless unusual circumstances prevent him/her from so working. 7.4 Service to the public may require the establishment of regular workweeks that include work on Saturdays and /or Sundays. 7.5 Any permanent changes in the work schedule should be preceded with a four (4) week notice to the affected Employees. ARTICLE 8 : MEAL AND REST PERIODS An Employee may take an unpaid one (1) hour meal period and two (2) fifteen (15) minute rest periods (with pay) during a normal workday at times determined by the Employer. Rest periods shall be taken at the site of working operations. ARTICLE 9 : PROBATIONARY PERIODS 9.1 All newly hired or rehired Employees will serve a one (1) year probationary period. At any time during the probationary period a newly hired or re -hired Employee may be terminated at the sole discretion of the Employer. 9.2 All Employees promoted or transferred will serve a one (1) year probationary period in any job classification in which the Employee has not served a probationary period. At any time during the probationary period a promoted or reassigned Employee may be reassigned to the Employee's previous position at the sole discretion of the Employer. 9.3 At any time during the first fifteen (15) calendar days of the probationary period a promoted Employee may be reassigned to the Employee's previous position at the discretion of the Employee. ARTICLE 10 : SENIORITY Packet Page Number 159 of 177 Attachment 7 10.1 In the event it becomes necessary to lay off Employees for any reason, Employees within a given job classification shall be laid off in inverse order of their job class seniority in the following order: a. Probationary part -time Employees b. Probationary full -time Employees c. Regular part -time Employees d. Regular full -time Employees 10.2 Employees shall be recalled from layoff according to their job classification seniority. No new Employee shall be hired for a job classification for which a layoff has occurred until all Employees on layoff status within that job classification have been given ample opportunity to return to work within eighteen (18) months of said layoff. The Employer will notify Employees on layoff to return to work by registered mail, at that Employee's last recorded address. The Employee must return to work within three (3) weeks of receipt of this notice to be eligible for re- employment. 10.3 Employees promoted or transferred outside the bargaining unit shall maintain their job classification seniority in the unit for thirty (30) days. 10.4 The Employer agrees to provide the ASSOCIATION, upon request, a seniority list not more than four (4) times per year. 10.5 For purposes of seniority, an Employee's continuous service record shall be interrupted through voluntary resignation, discharge for just cause and retirement. ARTICLE 11 : JOB POSTING 11.1 The Employer and the ASSOCIATION agree that regular job vacancies or newly created job classifications within the designated bargaining unit shall be filled based on the concept of promotion from within, provided applicants: a. meet the qualifications of the job; and b. can perform the duties and responsibilities of the job. 11.2 The Employer has the right of final decision in the selection of Employees to fill jobs based on qualifications, abilities and experience. 11.3 Job vacancies within the designated bargaining unit will be posted for ten (10) working days so members of the bargaining unit can be given first consideration for such vacancies. ARTICLE 12 : DISCIPLINE 12.1 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. 12.2 Suspensions, demotions and discharges will be in written form. ARTICLE 13 : GRIEVANCE PROCEDUREIARBITRATION `� Packet Page Number 160 of 177 Attachment 7 13.1 It is recognized and accepted by the ASSOCIATION and the Employer that processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employer duties and responsibilities. The aggrieved Employee and the ASSOCIATION 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 ASSOCIATION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for an absence has been requested. 13.2 Any grievance or dispute between the parties relative to the application, meaning or interpretation of this Agreement shall be settled in the following manner: Step 1 . The ASSOCIATION steward, with or without the Employee, shall present the grievance or dispute to the Employee's immediate supervisor within twenty -one (21) calendar days after such alleged violation has occurred; except in cases of discharge which must have a written grievance filed within five (5) working days after discharge of the Employee. The supervisor shall attempt to resolve the matter and shall respond to the steward within seven (7) calendar days. Step 2 . If the grievance has not been settled in accordance with Step 1, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, by the ASSOCIATION steward or his/her designee to the proper supervisor within fourteen (14) calendar days after the supervisor's response is due. The supervisor or his /her designee will respond to the ASSOCIATION steward in writing within seven (7) calendar days. Step 3 . If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, by the ASSOCIATION steward or his /her designee and ASSOCIATION business representative to the City Manager within fourteen (14) days after the supervisor's response is due. The City Manager or his /her designee will respond to the ASSOCIATION steward in writing within seven (7) calendar days. Step 4 . If the grievance is still unsettled in accordance with Step 3, the ASSOCIATION may, within fourteen (14) calendar days after the City Manager's reply is due, give notice of its intention to submit the issue to arbitration by giving written notice, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, to the other party. The arbitration proceeding shall be conducted by an arbiter to be selected by the Employer and the ASSOCIATION within seven (7) calendar days after the ASSOCIATION requests such action. If the party fails to select an arbiter, the State Bureau of Mediation Services will be requested by either or both parties to provide a panel of seven (7) arbiters. Both the Employer and the ASSOCIATION shall have the right to strike three (3) names from the panel. The ASSOCIATION shall strike the first name, the other party shall strike one (1) name, the process will be repeated, and the remaining person shall be the arbiter. The decision of the arbiter shall be final and binding on the parties, and the arbiter shall be requested to issue his /her decision within thirty (30) calendar days after the conclusion of testimony and argument. Expenses for the arbiter's services and proceedings shall be borne equally by the Employer and the ASSOCIATION. However, each party shall be responsible for compensation of its own representative and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause such record to be made, providing it pays for the record and makes copies available at a reasonable cost to the other party and to the arbiters. 13.3 Waiver - If a grievance is not presented within the time limits set forth above, it shall be Packet Page Number 161 of 177 Attachment 7 considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION 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 agreement of the Employer and the ASSOCIATION without prejudice to either party. 13.4 Arbitrator's Authority - 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 ASSOCIATION, and shall have no authority to make a decision on any other issue not submitted. 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. ARTICLE 14 : VACATION /ANNUAL LEAVE 14.1 Regular full -time Employees hired before May 5, 2001, shall earn paid vacation leave according to the following schedule: 1st through 4th years of service - -10 days per year 5th through 11th years of service - -15 days per year 12 through 20 years of service - -20 days per year 21 years of service and thereafter - -25 days per year. Regular part -time Employees hired before May 5, 2001, who work (and are on payroll) at twenty (20) or more hours per week will accrue vacation on a pro -rated basis consistent with hours worked (exclusive of overtime hours). 14.2 At year -end, Employees shall not carry over more than one and one -half (1 -112) times their allowed annual earned vacation. 14.3 On December 1st of each year, regular full -time and regular part -time Employees who are at the three (3) week vacation accrual rate or higher, with a minimum balance of eighty (80) hours, shall be eligible to convert up to forty (40) hours of unused vacation time to deferred compensation. Employees at the four (4) week accrual rate with an eighty (80) hour minimum balance shall be eligible to convert up to sixty (60) hours of unused vacation time to deferred compensation. Vacation hours will be converted at the Employee's current hourly rate as of December 1st and will be determined upon the basis of one (1) hour of vacation for one (1) hour of deferred compensation pay. Actual conversion will take place during the second payroll of the following year. 14.4 The Employer and ASSOCIATION hereby incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001, and as amended on September 23, 2002, into this Agreement. (See Appendix C) 14.5 Articles 14.1, 14.2 and 14.3 do not apply to Employees who accrue annual leave. Regular full -time Employees who have discontinued their participation in the vacation and sick leave accrual plan and have converted to the annual leave plan, as well all newly hired Employees, will accrue annual leave in accordance with the following schedule: Years of Service 1S through 4th years of service 5 th through 11th years of service Annual Accrual Rates 19 days (152 hours per year) 24 days (192 hours per year) Packet Page Number 162 of 177 12 through 20th years of service 29 days (232 hours per year) After 20 years of service 34 days (272 hours per year) Attachment 7 14.6 Annual leave will accrue on a pay - period basis (as vacation and sick leave do) for up to sixty -two (62) days. Employees can carry over up to their full balance of accrued annual leave as long as the total balance never exceeds the sixty -two (62) -day cap. No additional accrual will occur above the cap. ARTICLE 15: HOLIDAYS 15.1 Regular full -time Employees with at least thirty (30) calendar days of service, shall be compensated for a full eight (8) hour day pro -rated for regular part -time Employees who work (and are on payroll) twenty (20) or more hours per week if the Employee is employed during any of the following holidays: DATE January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day 15.2 Exempt Employees shall receive time off at their regular rate of pay for all hours {up to eight (8) hours} worked on a holiday, in addition to the compensation provided in section 15.1. These hours will be recorded on their timesheet and can be used as time off anytime that calendar year. If the hours earned are not used by the end of the year, they will be rescinded. Non- exempt Employees, who are required to work on a holiday, can take another day off that week, or be paid straight pay for all hours worked up to forty (40) and be paid time and a half for all hours worked above forty (40) during that week. When holidays fall on a Saturday or Sunday, the Employer shall designate the preceding Friday or following Monday as the "observed" holiday for Employer operations /facilities that are closed on holidays. Time off for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday not for the "observed" holiday. 15.3 Employees shall receive two (2) personal holidays per year. Personal holidays shall be pro -rated for regular part -time Employees who work (or are on payroll) twenty (20) or more hours per week. The date of such personal holiday shall be approved by the Employer. 15.4 The thirty (30) day waiting period required to be eligible for a paid holiday as noted in section 15.1 shall be waived, provided the Employee does not terminate employment within six (6) months from their start date. Employees who terminate employment within six (6) months shall reimburse the Employer for any holidays for which they were paid within the first thirty (30) days of their employment. ARTICLE 16: SICK LEAVE 16.1 Regular full -time Employees hired before May 5, 2001, and who have not transferred into the annual leave plan, shall accumulate sick leave at a rate of one and one - quarter (1 -1/4) days per month, except as provided below. Regular part-time Employees hired before May 5, 2001, who work (and are on payroll) at twenty (20) or more hours per week shall accrue sick leave on a pro -rated basis consistent 7 Packet Page Number 163 of 177 Attachment 7 with number of hours worked (exclusive of overtime hours). All other conditions of accrual and use of sick leave for regular part -time Employees shall be the same as for regular full -time Employees. Sick leave may be approved only for days when an Employee would otherwise have been at his or her employment. It may be used, with the approval of the supervisor, in any of the following cases: a. when the Employee cannot work because of illness, injury, or disability of themselves, their children, spouse, parents, stepchildren, or stepparents; b. for medical, dental, chiropractic or optical examinations or treatment of the Employee, or the Employee's children (appointments should be scheduled to minimize the amount of disruption to the workday); C. when the Employee's presence would jeopardize the health of other Employees by exposing them to a contagious disease. Sick leave will also be approved for use in accordance with the Family and Medical Leave Act. Employees shall notify the Employer at or before their normally scheduled starting time of any illness for which they wish to take sick leave. The Employee must submit satisfactory proof of illness or injury, by way of a doctor's certificate, if requested by the Employer. Employees who misuse sick leave shall be subject to disciplinary action. Any action taken by the Employer under this Article shall be subject to the grievance procedure. 16.2 Employees hired before May 5, 2001, who accrue sick leave, may participate in the following optional sick leave conversion program. The sick leave conversion program shall provide for the conversion of forty percent (40 %) of the Employee's annual earned and unused sick leave to vacation after an Employee has accumulated forty -five (45) days or more of sick leave, as provided above. The conversion shall be made annually on January 1st at the Employee's request. Conversion shall be based only on sick leave days earned and unused during the previous twelve (12) months. One -half (112) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one -half (112) shall be forfeited by the Employee to the Employer at the time of conversion. 16.3 On December 31 st of each year regular full -time and regular part-time Employees with eight hundred (800) hours or more of accumulated sick leave shall be eligible to convert sick leave accumulated in the previous twelve (12) months to vacation or deferred compensation at the Employee's current pay rate on the basis of two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty -eight (48) hours of vacation and deferred compensation. 16.4 Articles 16.1, 16.2, and 16.3 do not apply to Employees who accrue annual leave, except as provided in the Annual Leave Program (Current Sick Leave Balance— Deferred Sick Leave and Severance Pay Sections). ARTICLE 17 : LEAVES OFABSENCE The Employer agrees to provide regular full -time and regular part-time Employees the following leaves of absence with reasonable written notice from the Employee: 17.1 Military leave with pay for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. 17.2 Jury duty leave, when such leave has been ordered by the appropriate authorities. The Employer agrees to pay the difference between the Employee's regular salary and jury duty pay if the jury duty pay is less than the Employee's regular salary. If the jury is dismissed more than two (2) hours prior to the end of the Employee's regularly scheduled shift, the Employee shall report to work. 8 Packet Page Number 164 of 177 Attachment 7 17.3 Educational leaves, with pay, for work - related conferences and seminars, which occur during regular working hours, when attendance is approved by the Employer. The Employer further agrees to pay reasonable costs related to the above types of educational leave. 17.4 A maximum of three (3) days of funeral leave, with pay, shall be extended to a regular full -time Employee upon the death of their spouse or another member of the immediate family of said Employee or his/her spouse (i.e. children, sons -in -law, daughters -in -law, grandchildren, parents, grandparents, brothers, sisters, legal guardian or individuals who are under an Employee's or spouse's legal guardianship) for attendance at the funeral or other demonstrated need in relation thereto. The actual time off, and the number of hours of funeral leave approved, will be determined by the supervisor depending on the individual arrangements to be made, distance to the funeral, etc. Funeral leave provided in accordance with this article will be pro -rated for part -time Employees. ARTICLE 18; INJURY ON DUTY Employees injured in or contracting illness from actual service and thereby rendered incapable of performing their duty shall receive no more than their regular take -home pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury subject to the following conditions: a) In order to receive the benefits of this section for a period exceeding seven (7) days said injury or illness must be determined to be eligible under worker's compensation. b) In order to be eligible for the benefits of this section for a period of seven (7) days or less, the Employer must determine that the injury is "on- the -job" in nature. c) In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty -four (24) hours of said injury to the Employer. d) If an Employee takes advantage of this section, all salary related benefit income (such as worker's compensation, disability benefits, etc.) must be turned over to the Employer. e) Benefits of this section shall assure the Employee of their regular pay only and shall not include allowances for overtime or other pay. f) The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g) The Employer may require a reasonable number of physical examinations by the City's Physician at reasonable times at City expense. h) The City's Physician shall determine when the Employee is able to return to work. i) This section does not apply in the case of death of an Employee, on duty or otherwise. j) The base pay of an Employee will continue until the "on- the -job" status of an injury has been determined, if said injury appears to be "on -the- job." However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. a. In the event vacation time is used, upon the return to work of the Employee, fifty percent (50 %) of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. k) Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. 9 Packet Page Number 165 of 177 Attachment 7 1) This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. ARTICLE 19 : INSURANCE 19.1 Health Insurance —The Employer will pay 100% of the cost of the employee (single) health insurance premium, and 50% plus $45 toward the cost of the monthly dependent health insurance premium, for the High Deductible Health Plan (hereafter the "HDHP "). For any employee who chooses to participate in any other plan offered by the City, if any, the City will only contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families towards the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. All Employees hired after January 1, 2009 shall only be offered the HDHP. The Employer shall also contribute towards the cost for insurance as more fully set forth in Appendix B attached hereto and incorporated herein by reference. Any changes that are presented at renewal will be discussed during the Labor - Management Committee process. These benefits apply to full -time Employees only. In addition to the contribution for full -time Employees, the Employer will pay fifty- percent (50 %) of the cost of the Employee (single) premium for HDHP for Regular Part Time Employees who work (and are on payroll) thirty (30) or more hours per week. These Employees are responsible for paying all costs beyond the aforementioned contribution by the Employer. Regular part-time Employees with this status may purchase dependent coverage at their own cost. 19.2 The Employer shall pay one - hundred percent (100 %) of the cost of Employee (single) dental coverage for full -time Employees. 19.3 As permitted, the Employer shall provide an IRS -125 Plan that shall be used for the Employee's health and dental insurance premiums. 19.4 The Employer shall provide a life insurance policy for each full -time Employee with a benefit value equal to one- hundred percent (100 %) of the Employee's regular annual salary, to a maximum of forty thousand dollars ($40,000). 19.5 The Employer will provide, and pay for, long -term disability insurance for each Employee. Such long -term disability insurance shall be coordinated with other benefits provided in the contract. Employees are not eligible for vacation, sick leave, and annual leave accrual while receiving Long -Term Disability payments, except for those hours the Employee appears on the payroll using accrued leave. Coverage shall also be provided to regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week. 19.6 The Employer agrees to provide optional, Employee -paid short-term disability insurance coverage for Employees on payroll twenty (20) or more hours per week. 19.7 The Employer agrees to provide a retiree health savings plan with the following specifications: Benefits paid to the Employees will be limited to insurance premiums and out -of- pocket expenses determined eligible by the Internal Revenue Service. 2. The Retiree Health Savings plan will be funded with annual deposits as follows: a. Employees shall have the cash value of all vacation hours, in excess of the carryover limit (1.5 times annual accrual), deposited into the Retiree Health Savings plan. (If an Employee uses all of their earned vacation that year or their balance did not exceed the required carryover limit, no funds will be paid into the plan.) 10 Packet Page Number 166 of 177 Attachment 7 b. All Employees will have the cash value of all personal holiday hours, unused as of December 31 st deposited into their Retiree Health Savings plan. 3. The Retiree Health Savings plan will be funded by the Employee's severance pay as follows: a. One- hundred percent (100 %) of accrued annual leave (and personal holidays, if any balance remains) will be deposited into the Retiree Health Savings plan if the Employee is at least age fifty (50) and their annual leave balance is at least one - hundred fifty (150) hours at the time of separation from service. If the Employee is under age fifty (50) or the annual leave balance is less than one- hundred fifty (150) hours, no funds will be paid into the plan. b. One- hundred percent (100 %) of accrued vacation (and personal holidays, if any balance remains) will be deposited into the Retiree Health Savings plan if the Employee is at least age fifty (50) and their annual leave balance is at least one - hundred fifty (150) hours at the time of separation from service. If the Employee is under age fifty (50) or the annual leave balance is less than one - hundred fifty (150) hours, no funds will be paid into the plan. C. Those Employees who qualify to fund the Retiree Health Savings plan with some or all of their accumulated sick leave (i.e. Tom Ekstrand and Mark Maruska) will have deposited into the plan, at the time of separation from service, up to one -half (1/2) of any eligible accumulated sick leave, with a maximum allowance of fifty (50) days. 19.8 The Employer agrees to re -open this contract to discuss changes in the 2012 insurance premiums, if requested by the ASSOCIATION. ARTICLE 20 : UNIFORMS Employees who are required to wear Community Center - provided uniform tops will be given two uniform tops per year. Additional uniform tops will be available for purchase by Employees at the actual cost paid by the Employer. The Employer will, for the Chief Building Engineer, Building Official, Assistant Building Official and Park Foreman, reimburse up to $165.00 per year, toward the cost of safety -toed boots and shall provide and maintain all uniforms required for work. The Employer shall also pay Fifty Dollars ($50.00) per year towards the cost of shoes for the Fitness Coordinator for shoes that are deemed by the Employer to be required by that position. ARTICLE 21 : TRAVEL AND MEAL ALLOWANCE 21.1 Excluding Employees who receive a mileage allowance, the Employer agrees to pay mileage reimbursement at the current Employer- approved rate to Employees, required by the Employer, to use their private vehicles for official business. 21.2 Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. Per diem meal and incidental expenses as set forth in the annual General Services Administration Meals and Incidentals Expenses Table located on the internet at .gsa.gov /mie will be allowed without receipts being required. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. Also, if a meal is provided as part of the training, seminar, conference or other event being attended, an appropriate deduction shall also be made for that meal. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. 11 Packet Page Number 167 of 177 Attachment 7 ARTICLE 22: PERSONNEL FILE A copy of any material to be placed in an Employee's personnel file during the term of this Agreement shall be provided to said employee. All material related to a disciplinary action against an employee will be removed from the file after five (5) years, if no further disciplinary action has been taken. ARTICLE 23: NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 24 : EDUCATION The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as "Microsoft Word© "), upon successful completion with a "C" grade or better, seventy -five (75 %) reimbursement upon completion with a "B" grade or better and eighty five percent (85 %) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non- working hours. Part -Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro -rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 25: LEGAL DEFENSE Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his /her supervisor, shall be reimbursed for reasonable attorney's fees and Court costs actually incurred by such Employee in defending against such charge. ARTICLE 26 : IMAGE SCHEDULE There will be no wage increase for 2011. A general wage increase of one percent (1.0 %) effective January 1 2012 shall be provided to all positions represented by the ASSOCIATION, Salary Ranges — (See Appendices A & B for 2011 and 2012 pay rates.) The salary ranges have seven (7) steps — each five percent (5%) apart. Employee's actual salaries may fall between steps. Movement within the range is based on a combination of time in position and performance. Employees will be eligible for a five percent (5%) increase once per year on their anniversary date until they reach the top salary for their respective job classification. If an Employee receives a performance rating below satisfactory (below good) on any of the major performance dimensions, their step movement will be delayed until such time as they have received two consecutive fully satisfactory performance reviews. Once a delayed increase is provided, the new eligibility date for pay increases for that Employee will change to the date the delayed increase went into effect. Employees who did not receive a rating below satisfactory (good) will automatically receive a five percent increase on their anniversary — unless the five percent increase would bring them above the maximum for their pay range. Unless agreed to by the Employer and the Employee no employee can be paid more than the maximum for their pay ranges. 12 Packet Page Number 168 of 177 Attachment 7 Employees will normally be hired at Step 1 of the pay range. Exceptions require approval by the City Manager. Employees who are promoted will move to a pay rate, which gives them an increase over their pre - promoted pay rate. In addition to the above pay rates, in 2011 the EMPLOYER will contribute to each full -time Employee an amount up to the percentage contribution eligible to be made for such Employee in 2010 (3 %, 3.5% or 4% depending on the salary of such Employee), so long as the Employee contributes a matching amount of their regular salary to be deposited into an approved deferred compensation plan. In 2012 the EMPLOYER will contribute to each full - time Employee an amount up to the percentage contribution eligible to be made for such Employee in 2011 (3%, 3.5% or 4% depending on the salary of such Employee), less .5% for those Employees who were eligible to receive a 4% deferred compensation contribution in 2011, and less .25% for those Employees, who were eligible to receive a 3.5% deferred compensation contribution in 2011, so long as the Employee contributes a matching amount of their regular salary to be deposited into an approved deferred compensation plan. Regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week will receive a pro -rated amount deposited into a deferred compensation account under the same conditions as full -time Employees. ARTICLE 27 SAFETY 28.1 Joint Safety The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 28.2: Safety Committee The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 28 WAIVER 29.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded, except for standing letter agreementslMOU's regarding Mark Maruska, Tom Eckstrand and Ann Hutchinson. 29.2 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 conditions 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. 29.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 29: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. 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 provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. 13 Packet Page Number 169 of 177 Attachment 7 ARTICLE 30: DURATION This AGREEMENT shall be effective as of January 1, 2011, and shall remain in full force and effect until the thirty -first (31st) day of December 2012. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of FOR THE CITY: Mayor City Manager Labor Relations Attorney IRE FOR THE ASSOCIATION: 14 Packet Page Number 170 of 177 Attachment 7 APPENDIX A METRO SUPERVISORY ASSOCIATION 2011 PAY RATES STEP STEP STEP STEP STEP STEP STEP 1 2 3 4 5 6 7 ACTIVITIES COORDINATOR 19.05 20.00 21.00 22.05 AQUATIC PROG MANAGER 23.44 24.62 25.84 27.13 ASST BUILDING OFFICIAL 29.09 30.53 32.06 33.67 BUILDING OFFICIAL 34.40 36.11 37.92 39.81 CHIEF BLDG ENG 28.83 30.27 31.78 33.36 CITIZENS SERVICES SUPERVISOR 27.16 28.52 29.94 31.43 FITNESS COORDINATOR 19.05 20.00 21.00 22.05 LEAD NATURALIST 23.74 24.94 26.19 27.49 MEMBER SERVICES COORDINATOR 19.05 20.00 21.00 22.05 NATURAL RESOURCES COORD 29.09 30.53 32.06 33.66 PARK MAINT FOREMAN 28.83 30.27 31.78 33.36 FITNESS & OPERATIONS MANAGER 27.69 29.08 30.53 32.06 RECREATION PROGRAM SUPERVISOR 1 23.44 24.62 25.84 27.13 RECREATION COORDINATOR 21.34 22.41 23.54 24.72 SENIOR PLANNER 23.15 24.31 28.50 29.93 35.35 37.12 41.80 43.89 35.02 36.78 33.00 34.66 23.15 24.31 28.87 30.31 23.15 24.31 35.35 37.12 35.02 36.78 33.66 35.34 28.50 29.93 25.95 27.25 34.58 36.32 38.14 40.04 42.04 44.15 25.53 31.42 38.98 45.64 38.63 36.39 25.53 31.83 25.53 38.98 38.63 37.11 31.42 28.61 15 Packet Page Number 171 of 177 APPENDIX B METRO SUPERVISORY ASSOCIATION 2012 PAY RATES Attachment 7 STEP STEP STEP STEP STEP STEP STEP 1 2 3 4 5 6 7 ACTIVITIES COORDINATOR 19.24 20.20 21.21 22.27 AQUATIC PROG MANAGER 23.67 24.87 26.10 27.40 ASST BUILDING OFFICIAL 29.38 30.84 32.38 34.01 BUILDING OFFICIAL 34.74 36.47 38.30 40.21 CHIEF BLDG ENG 29.12 30.57 32.10 33.69 CITIZENS SERVICES SUPERVISOR 27.43 28.81 30.24 31.74 FITNESS COORDINATOR 19.24 20.20 21.21 22.27 LEAD NATURALIST 23.98 25.19 26.45 27.76 MEMBER SERVICES COORDINATOR 19.24 20.20 21.21 22.27 NATURAL RESOURCES COORD 29.38 30.84 32.38 34.00 PARK MAINT FOREMAN 29.12 30.57 32.10 33.69 FITNESS & OPERATIONS MANAGER 27.97 29.37 30.84 32.38 RECREATION PROGRAM SUPERVISOR 1 23.67 24.87 26.10 27.40 RECREATION COORDINATOR 21.55 22.63 23.78 24.97 [•y:1ON l[072,Ws>>ILI121 23.38 24.55 28.79 30.23 35.70 37.49 42.22 44.33 35.37 37.15 33.33 35.01 23.38 24.55 29.16 30.61 23.38 24.55 35.70 37.49 35.37 37.15 34.00 35.69 28.79 30.23 26.21 27.52 34.93 36.68 38.52 40.44 42.46 44.59 25.79 31.73 39.37 46.10 39.02 36.75 25.79 32.15 25.79 39.37 39.02 37.48 31.73 28.90 16 Packet Page Number 172 of 177 Attachment 7 APPENDIX C CITY OF MAPLEWOOD ANNUAL LEAVE PROGRAM A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the City's vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best "fit" for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor's certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employee's ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by the employee's supervisor, a doctor's statement will not be required.) D. Accrual Rates - Years of Service 1 - 4 Years 5 - 11 Years 12 - 20 Years After 20 Years Annual Accrual Rates 19 days 24 days 29 days 34 days Packet Page Number 173 of 177 Attachment 7 Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part -time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part -time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro -rated annual leave. Annual leave will accrue on a pay- period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62 -day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as "deferred sick leave" until the balance was exhausted. Deferred sick leave can be used for any doctor - certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know —in advance —they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one - for -one basis for employees who converted from vacation /sick leave to annual leave. G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March, 1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short -Term Disability Insurance - The City adopted an optional short-term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has a long -term disability program in place where benefits begin at ninety (90) calendar days. Short-term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long -term disability insurance payments and their regular take -home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay benefits dependent upon an employee's start date. 18 Packet Page Number 174 of 177 Attachment 7 Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one - for -one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed eighty (80) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employee's current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid in a separate check. Regular rate for the purpose of this policy is the employee's straight time rate not including overtime, pay differentials, out -of -class adjustments or any other additions to regular pay 19 Packet Page Number 175 of 177 Attachment 7 APPENDIX D HEALTH INSURANCE For those Employees who choose the HDHP and elect single coverage, the City shall deposit $1,900.00 into a Health Reimbursement Account ( "HRA ") for the Employee for each year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the City shall deposit $3,200.00 into an HRA for the Employee for each year the Employee participates in the HDHP. Employees who were hired and became covered under the HDHP during the term of the 2009 -2010 contract shall be grandfathered in, up to three years from their start date, at the same deductible vs. contribution level as set forth in the 2009 -2010 contract. The City shall make such deposits by way of pro -rata contributions every two weeks to each Employee's Health Reimbursement Account for each Employee who chooses the HDHP. The City will also provide a funding option which shall be available to any Employee who requires earlier funding of the City's contribution due to medical events). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting that request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. 20 Packet Page Number 176 of 177 Agenda Item G3 TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: October 27, 2010 SUBJECT: Taste of Maplewood Proposal for 2011 Event Background To celebrate the 50th year anniversary of the city, in June of 2007 the city had its first Taste of Maplewood event. Over the years the event has progressed and in 2010 the city council approved a resolution of support for the 2010 event to run for two days which occurred on August 6th and 7th. Funds of $35,000 have been allocated in the 2011 budget for the event and upon approval staff will proceed with the two day event. While the 2011 date has not been firmly set, staff is leaning towards August 19 and 20 As you know, one of the reasons for our cost overrun during the 2010 event was that power in the form of generators was provided to some of the vendors. In planning for the 2011 event, generators will only be provided for entertainment and lighting by a company experienced in providing power to festival types of events. So that entertainment and sponsors can be secured for the 2011 event, staff is requesting approval of a resolution of support for the 2011 Taste of Maplewood event. Resolution of Support for the 2011 Taste of Maplewood Whereas the City of Maplewood has established the Taste of Maplewood and Friends as an annual event that is an outreach to area businesses and families. Whereas the Taste of Maplewood brings the community together and gives local businesses the opportunity to showcase their offerings while providing families an opportunity to experience a family friendly environment at Goodrich Park. Whereas city staff will work diligently soliciting sponsors including local businesses for the event to offset incurred costs. Therefore Let it Be Resolved that the city council supports the 2011 Taste of Maplewood and Friends event that will be held in August 2011 at Goodrich Park. Recommendation Staff requests approval of the Resolution of Support for the 2011 Taste of Maplewood. Packet Page Number 177 of 177