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Home My WebLink About2009 01-12 Addendum to K1 and L1 1-12-09 Complete and Reduced AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Attachments to the Agenda Packet City Manager Search Process DATE: January 9, 2009 Please find enclosed: 1. A new printout of the agenda for January 12 Regular Meeting [a printing error may have caused you to miss the second page] 2. Attachments for Item K1, City Manager Search Process a. Findings Report from Citizen ? Business Panel b. Finding Report from Employee Panel 3. Attachments for Item L1, 2009 ? 2010 Contracts a. American Federation of State, County and Municipal Employees, Council No. 5, Local 2725 b. International Association of Firefighters. Local 4470 c. International Association of Firefighters. Local 4470-O 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 4. Mailing from Steve Bernard regarding Wednesday?s Interviews Report to City Council Regarding City Manager Candidates Citizen & Business Panel January 8, 2009 Panel Members: Kay Baker, Jon Brandt, Chuck Christensen, Tushar Desai, Paul Ellefson, George Gonzalez, John Gores, Jon Melander, Gary Pearson, Joe Waters, Ginny Yingling The members of the Citizen and Business Panel are pleased to present this report to the city council regarding our evaluation of the three candidates for the position of City Manger. We appreciate having had the opportunity to serve our community in this important process. The panel completed a two-fold assessment process involving formal interviews as a panel and informal one-on-one discussions with each candidate during an evening reception. The interviews and reception occurred on Tuesday, January 6. The panel met on January 6 (following the interviews) and January 7 (following the reception) to discuss each candidate and consider their relative strengths and weaknesses. This report provides a summary of individual panel members? rankings as well as a compilation of the panel discussions. It should be noted that this report is based on how the candidates answered formal interview questions that were posed, described their character, approach, or experience with city government, and the impressions gained by more informal discussions with panel members. No attempts were made by the panel to verify their answers, descriptions, or assertions. The report attempts to reflect a variety of opinions expressed by individual panel members, as well as dissenting opinions. However, any given statement or observation in this report may not reflect a consensus of the panel. Our interview questions focused on the following areas: Vision & Direction for the City Fiscal & Budgetary Management Communication with Customers of the City/Citizen Involvement Communication within City Government Intergovernmental Cooperation and Relations Human Resources Management, Leadership, and Management Style Community Development and Redevelopment Management of Conflict and Discord Employee Relations, Including Seasonal and Part-time Staff The candidate reviews are presented in alphabetical order. Each candidate is evaluated through a narrative of the panel?s assessment of the candidates in each of the interview areas, as well as a description of the panel members? overall impressions of each Page 2 ? Citizen/Business Panel Report candidate, based on our post-interview and post-reception discussions. Panel members also scored the candidates in each of the interview areas on a scale of 1 ? 5 (1 = poor, 2 = below satisfactory, 3 = satisfactory/average, 4 = very good, 5 = excellent). The average of the panel members? scores is included at the end of each section and compiled in Table 1 at the end of this report. Finally, each panel member ranked their preference for the candidates, and these are presented as ?Panel Rankings? at the end of each candidate section and compiled in Table 2 at the end of this report. James Antonen Vision & Direction for the City: Mr. Antonen stated he had no set agenda, and that setting the vision for the city is the responsibility of the city council and citizens. He described some of the processes he would use to help facilitate that process: setting up sharettes for public input, holding strategic planning retreats for the city council, etc. However, he noted that one of his first tasks would be to evaluate the city?s infrastructure reinvestment needs, given the possibility of seeking federal economic stimulus funds. As part of a separate question, he also discussed ways to create a sustainable city, including green building, energy efficiency, and working to bring in and retain new businesses. Average score: 3.5 Fiscal & Budgetary Management: Mr. Antonen described himself as a fiscal conservative and emphasized the need to manage within the city?s means and maintain level budgets by keeping adequate reserves. However, in discussing the budget reserves in the city of Davis, Mr. Antonen?s comments created some confusion for panel members regarding the level of reserve maintained relative to the amount approved by city council and this raised concerns about the transparency of the budget management process. The panel did not get a chance to follow up on that point.Mr. Antonen was very enthusiastic about using tax increment financing to attract business, but was also clear on the need to use it wisely and having a timeline for the TIF to sunset. Having worked in cities of different sizes with significantly different budget systems appears to have provided Mr. Antonen with broad base of experience for developing creative budget management solutions. Average score: 3.8 Communications with Customers of the City/ Citizen Involvement: Mr. Antonen described some of the creative means used by the City of Davis to connect with the public, including having a booth at the farmer?s market where information about citizen commissions were posted on a revolving basis, two members of the council were present to discuss issues with residents, and there was a ?complaint box?. The city of Davis also uses cable TV, webcasting, and a quarterly newsletter to make city meetings and information accessible. Mr. Antonen said that he helped establish biennial meetings between the city council and citizen advisory commissions to promote collaboration and Page 3 ? Citizen/Business Panel Report communication. He emphasized that the important elements of working and communicating with the public are to the main thing is to listen, pay attention to the little things (like city services), create a culture of customer service, and treat everyone with respect. He maintains an open door policy for citizens to communicate concerns and discussed the need to create venues for public input. Mr. Antonen also noted that citizens need to have access to information, but a city needs to establish clear policies regarding what size of request triggers a fee, to manage what could be perceived as frivolous demands on city resources. Average score: 4.1 Communication within City Government: Mr. Antonen observed that the mayor is the ?first among equals? and the city manager needs to develop a special relationship with that person, but communications must be equal with the mayor and all the members of the council. He emphasized the need to work from a basis of ?respect, honesty, and ethics?, and particularly that you tell everyone the same thing, even if they disagree with you. He stated that he felt an important responsibility of the city manager is to act as a ?buffer? between the council and staff, to protect them from politics and to blunt the forays of the council into city operations. Average Score: 3.9 Intergovernmental Cooperation and Relations: Mr. Antonen has extensive experience in intergovernmental relations in a variety of settings. He described his involvement while city manager of Moorhead in establishing the Western Area City Cooperative, which began as a bulk buying program, but ultimately provided cities in western Minnesota with opportunities for joint training, joint equipment rental, etc. He was also involved in helping establish a multi-county and city emergency dispatch service and negotiating a joint powers agreement between the police and fire departments at UC-Davis and the city of Davis. He has worked at the federal level and seemed very familiar seeking federal funds. Mr. Antonen also provided several specific examples of how he has initiated creative intergovernmental collaborative efforts. One example involved the use of county jail inmates, after the Red River flood, to empty sandbags and store them for future use, demonstrating efficient, cost saving measures. Mr. Antonen was the Chariman of the League of Minnesota Cities Insurance Board. Average score: 4.3 Human Resources/Management Style: Mr. Antonen described his management style as team coaching and that his goal is to support staff and encourage and empower them to take on challenges. He noted that he prefers to have his staff make reports to the city council, both to increase communications between staff and council and to give staff more ownership of their work. He seems to be particularly enthusiastic about staff development and described a number of approaches he takes to help his staff grow, Page 4 ? Citizen/Business Panel Report including department head cross-training, encouraging training and mentoring to develop leadership within, and supporting staff when they seek to gain additional education. He also promotes the use of interns to provide his staff with opportunities to mentor. He stated that the city manager is the chief executive who implements the city council?s policies, while protecting the staff from city politics. He mentioned that mistakes happen and that is how staff learn and develop, so you don?t fire someone without cause. Average score: 4.5 Community Development/Redevelopment: As city manager in Davis, CA, a ?no-growth? city, Mr. Antonen has extensive experience with redevelopment. He noted that a healthy business community is vital to sustaining a healthy community, and that he had annual visits with business leaders in Davis to solicit input and ideas. He also talked about the need to have staff specifically focused on recruitment and retention of businesses. Mr. Antonen is also very familiar with the challenges of redevelopment in a fully developed city, discussed the need to seek input early from business owners and the community before starting a redevelopment project, and described the value of mixed use, new urban design, and green building standards in creating more sustainable communities. He also described how he used TIF as an incentive to get developers to pay for services and amenities. He also talked about the importance of the city taking a leadership role in piloting green and sustainable development, to encourage their adoption by the community at large. Average score: 4.5 Management of Conflict and Discord: Mr. Antonen described a proactive approach for dealing with conflict at different levels (public, staff, city council). He described the high degree of discord on the Davis city council and how he sought to address this by the use of facilitators, council retreats, and Meyers-Briggs assessments to help them understand each others? perspective. As an example of managing public discord, he described how he handled public opposition and concern regarding a bio-lab proposed at UC-Davis. He has also had many experiences with union grievances, as the city of Davis had over 500 employees and multiple unions. The main things he emphasized were the need to confront conflict before it festers, remain open minded, listen with compassion and be honest. He also noted that it?s important to keep a finger on the pulse of the community to identify problems, try to resolve issues before they get to the council, and pay attention to the small things because they may be a big issue to others. Average score: 4.2 Employee Relations, Including Part-time and Seasonal Staff: As city manager of the city of Davis, Mr. Antonen met regularly with all staff to recognize their efforts with pizza parties, etc. Again, his focus on staff development came through as he discussed his enthusiasm for having interns, noting that many interns at the city of Davis went on to successful careers in public administration. Mr. Antonen stated that he has an open door policy for all staff, but he does expect his staff to follow the chain of command. During Page 5 ? Citizen/Business Panel Report His terms in both Moorhead and Davis the cities established citizen police academy and Volunteers In Police Services programs. While he was at Vermillion, the city had a 70 person volunteer fire department, though Mr. Antonen says he has a preference for a mixed full time & volunteer fire department. Average score: 3.7 Overall Impression: Mr. Antonen has a very broad range of city management experience, having worked in cities both smaller and larger than Maplewood. Many members of the panel perceived him to be a strategic, hands-on, proactive manager who would provide a steady presence. He appears to have particular strengths in staff development, intergovernmental relationships, and engagement with the business community. Although he appears to have strong fiscal management skills, it was unclear how transparent his budget management practices are and we would recommend the city council explore this further with him. Mr. Antonen also has a disarming sense of humor, although several panel members were taken aback by the use of the abbreviation ?SOB? while jokingly referring to himself in a self-deprecating comment. However, several other members felt in the context of the comment it was not offensive. Panel Rankings: Five panel members ranked Mr. Antonen as their first choice, five ranked him as their second choice, and two ranked him as their third choice. Dan Donahue Vision & Direction for the City: Mr. Donahue stated that setting the vision for the city is the responsibility of the city council. He indicated that it is the responsibility of the city manager to foster an environment and facilitate a process that allows all stakeholders to have input to developing the vision and direction for the city. Average score: 2.6 Fiscal & Budgetary Management: Mr. Donahue appears to have solid and extensive experience in fiscally conservative budget management. He presented a forthright approach to handling difficult budget issues, including not ?sugar-coating? the situation, seek broad input from council, staff, and citizens regarding solutions, and make the hard decisions about budget cuts where needed. Mr. Donahue was involved in the creation of LOGIS, a city government accounting system used by many Minnesota city governments, and has extensive experience with it. Average score: 3.4 Page 6 ? Citizen/Business Panel Report Communication with Customers of the City/Citizen Involvement : Some panel members felt Mr. Donahue was rather vague in his responses in this area and gave rather generic answers often lacking in specifics. He did indicate he prefers a team approach, the use of strategic planning processes, and surveys as means of soliciting public input. However, some panel members felt that direct engagement with citizens and citizen groups does not appear to be an area of strength for Mr. Donahue. Average score: 2.7 Communication within City Government: Mr. Donahue emphasized the need for openness and transparency in government, and that it was particularly important that the mayor and members of the city council be dealt with equitably in terms of communications. He explained that he met regularly with the mayor, but provided weekly memos to the council to keep them apprised of events and that all communications with one member was copied to all. Regarding staff he discussed the need to seek feedback from staff. Average score: 3.3 Intergovernmental Cooperation and Relations: Mr. Donahue appears to have developed substantial skills in this regard, having dealt with over 50 intercity agreements, approximately 20 of which were formal agreements for shared services. However, he also noted that not all services can be shared ? that even when such sharing might make fiscal sense, they may not be politically feasible. He spoke of treating other units of government as partners and having early input to plans of other cities and agencies when they may impact the city. His experience in a suburban city has also given him valuable knowledge in working with the Metropolitan Council. Average score: 3.8 Human Resources Management, Leadership, and Management Style: Mr. Donahue was the recipient of a Bush Fellowship, indicating that he has demonstrated significant skills in public management and administration. However, some panel members felt Mr. Donahue seemed to have difficulty articulating his management style. He did note a preference for facilitating rather than directing staff and ultimately described himself as a ?servant leader? who gets things done through people by giving them authority and ownership of their work. He discussed in general terms the need to create an environment in which solutions will emerge. Answers to requests for specific examples of how he has demonstrated leadership in the past were at times quite vague. Some panel members felt that Mr. Donahue would not be the ?ship?s captain?, but rather engage in considerable delegation of responsibility to staff. Average score: 2.8 Page 7 ? Citizen/Business Panel Report Community Development and Redevelopment : Mr. Donahue provided several keen insights regarding the differences between development and redevelopment, and the particular challenges involved in putting all the pieces together for redevelopment projects such as Maplewood might face in the years ahead. However, some panel members felt his responses lacked specifics regarding his past experiences with redevelopment projects and how such projects can be used to revitalize a community. Average score: 3.4 Management of Conflict and Discord: Mr. Donahue discussed the need to ?step back? to evaluate the conflict, listen empathetically, establish a clear and fair process to handle the conflict, work to take the emotion out of the situation, and seek common ground between those in conflict. However, he did not provide any specific examples of how he had managed conflict and some panel members felt his responses in this regard were rather vague. When specifically asked about disrespectful behavior between members of the city council, he responded that respect is essential, but gave no indication of the steps he would take to try to resolve such behavior. Average score: 3.1 Employee Relations, Including Seasonal and Part-time Staff: Mr. Donahue?s response to questions about how he interacts with staff, particularly part-time and seasonal staff and volunteers, were vague. He did discuss some of the systems he has used in the workplace. Average score: 2.7 Overall Impression: Mr. Donahue appears to be a very skilled and experienced city administrator, with particular strengths at fiscal management, strategic planning, and intergovernmental relations. He has extensive experience and familiarity with the various levels of government in the Twin Cities, and has spent his career working in one first ring suburb, which likely could provide him with insights into the challenges Maplewood faces. He presented a calm, ?unflappable? presence and would likely be able to rise above the fray, no matter what the situation. However, some members of the panel felt Mr. Donahue was vague in his responses to questions, failing to provide specific examples of his experiences or approaches. Panel Rankings: Two panel members ranked Mr. Donahue as their second choice and nine ranked him as their third choice. Page 8 ? Citizen/Business Panel Report Tim Madigan Vision & Direction for the City: While Mr. Madigan stated that setting the vision for the city was the responsibility of the city council, mayor, and citizens, he said that his vision for the city was that when people heard ?City of Maplewood? they would think ?quality?, and that the city needs to focus on our many positive assets and build on those. He also discussed the need to encourage and support existing businesses and bring new businesses into the community. Average score: 3.5 Fiscal & Budgetary Management: Mr. Madigan indicated that budget management is the city manager?s number one job. He noted that the city where he is currently employed is in good financial shape, even though they face the loss of substantial state aid under the current state budget crisis. Mr. Madigan articulated a forward-looking philosophy regarding fiscal management, aimed at achieving stability and predictability in budgets and strategically reinvesting in the community. He described the importance of maintaining budget reserves, projecting debt levies out 10-15 years, completing annual debt management studies, and layering debt to maintain, as much as possible, level budgets with no ?peaks and valleys?. He also spoke of bringing in expert advice when needed and described his experience in seeking federal funds. Average score: 4.1 Communication with Customers of the City/ Citizen Involvement: Mr. Madigan indicated the city where he is currently employed has over 100 citizen volunteers involved in various commissions and other city efforts. He discussed how vital cultural and social services can be brought to the community when the city provides some minimal support to non-profits and service groups, such as helping them advertise their services and events, provide logistics support, etc. He also described his commitment to meeting with service and civic groups, which provides both formal and informal opportunities for two- way communication with the public. He demonstrated a good understanding and respect of the spectrum of citizen involvement, described how he works to instill a culture of customer service with his staff, talked about the need to make information available to the public, and the need for proactive engagement with the public. As an example, Mr. Madigan noted that he requires developers to meet with neighbors and community members to identify and address their concerns before bringing development plans before the city council. In another example, he described working directly with business-owners to hammer out schedules, logistics, and other details of a major utility project to minimize impact to their businesses, and when the schedule was not being met, bringing the business-owners and contractor together to air concerns and resolve the problem. Average score: 4.1 Page 9 ? Citizen/Business Panel Report Communication within City Government : Mr. Madigan identified openness, transparency, and respect as being key aspects of interpersonal relationships. He noted that while the mayor is the first among equals, and the relationship between mayor and city manager is critical to the smooth functioning of the council, he also described the need to treat all members of the council equally in communications, noting specifically that if one member requested information, all members would be copied on his response. He expressed sensitivity to city council dynamics, particularly the potential for friction between newer and longer-term members and described how he tried to take a coaching approach with council members on city council relationships, offering a ?third person? perspective. Mr. Madigan also discussed the need to keep communications open during and after changes in city operations, as the impacts of such changes may be long-term and gave the example of consolidating the emergency dispatch services of several communities. Average score: 4.1 Intergovernmental Cooperation and Relations: Despite having most of his experience in a smaller community city government, Mr. Madigan provided solid examples of his experience in working with neighboring cities and county governments to develop over 20 shared services and joint partnership agreements. Also, Mr. Madigan has been the president of the Minnesota City Managers? Association, has been a board member of the League of Minnesota Cities, and has experience working with the Minnesota Legislature, through which he has developed a network of connections. Average score: 4.2 Human Resources Management, Leadership, and Management Style: Mr. Madigan indicated he prefers a team management style, but that the situation determines his exact approach. He considers one of the key roles of the city manager to be meshing the goals of the city council with the goals of the staff, to ensure that the city council?s policy objectives are implemented. He also noted that it was important for everyone in city government ? council, staff, and citizens to understand and respect the roles each plays. Mr. Madigan also described creating a variety of formal and informal communication opportunities for staff. Average score: 4.2 Community Development and Redevelopment:. Mr. Madigan emphasized the need for early involvement of the community in any redevelopment project, because of the many challenges and conflicting interests such projects engender. He gave examples of proactively seeking community input and building consensus, most notably as part of his city?s redevelopment of the city center. He demonstrated a good understanding of alternative development practices and sustainable design. Average score: 4.3 Page 10 ? Citizen/Business Panel Report Management of Conflict and Discord: Regarding external or public conflict, Mr. Madigan focused on the need to establish fair and open processes for public input so that everyone in the community has a sense that they?ve been heard, even if they don?t agree with the final decision. He noted that a good process will lead to a good outcome, but that it is critical to seek public input early. He also discussed the need to be proactive in dealing with issues that may be controversial, and described how he makes presentations to civic groups to seek input and gauge community concerns. Regarding internal conflict, he discussed the need to focus on what we agree on, remaining respectful, and seeking creative solutions.When asked specifically about disrespectful interactions among the city council, he noted that often there is conflict between new and long-term members and he saw his role to be one of providing advice to council members on how to be effective and successful and to provide a third party perspective on the source of the friction. Average score: 3.8 Employee Relations, Including Seasonal and Part-time Staff: Mr. Madigan makes a practice of meeting at least annually with part-time staff to solicit input and concerns from them and also has institutionalized recognition of city volunteers. Average score: 4.4 Overall Impression: Mr. Madigan appears to be a hands-on manager with particular strengths in internal and external communication, interpersonal relationships, employee relations, and fiscal management. Many members of the panel felt he would be a great promoter of Maplewood and would build strong relationships with the business community. Although he did not discuss strategic planning specifically, some panel members were impressed by his long-range approach to planning of infrastructure reinvestment and debt management. He is also appears to be proactive in his approach to potentially controversial issues. Panel Rankings: Six panel members ranked Mr. Madigan as their first choice, four members ranked him as their second choice, and one member ranked him as their third choice. Page 11 ? Citizen/Business Panel Report Table 1 ? Average of Panel?s Ratings of Candidates By Areas of Inquiry James Antonen Dan Donahue Tim Madigan Vision & Direction For the 3.52.63.5 City Fiscal & Budgetary 3.83.44.1 Management Communications with Customers of the 4.12.74.1 City/Citizen Involvement Communication Within City 3.93.34.1 Government Intergovernmental 4.33.84.2 Cooperation & Relations Human 4.52.84.2 Resources/Management Style Community4.53.44.3 Development/Redevelopment Management of Conflict & 4.23.13.8 Discord Employee Relations, Including Part-Time & 3.72.74.4 Seasonal Staff Table 2 ? Candidate Rankings By Number of Panel Members Candidate First Second Third James Antonen 452 Dan Donahue 128 Tim Madigan 641 Memo To: Chuck Ahl, Acting City Manager From: David J. Thomalla, Chief of Police Date: January 9, 2009 Re: City Manager Candidate Interviews A group of nine employees volunteered to be members of a committee to interview prospective City Manager candidates. Representation on the committee consisted of four department heads, two representatives from AFSCME, one representative from L.E.L.S., on representative from MSA and one representative from IAFF. As a group, the committee compiled questions, interviewed the candidates and prepared a summary of our evaluation of each candidate?s performance during a panel interview on January 6, 2009. Each committee member submitted several questions for consideration related to their particular area of representation. These questions were written with criteria and desired traits from the recruitment profile in mind. As a group, we compiled a final list of 21 questions of which we would ask the candidates. Mr. Steve Bernard of the PAR Group provided an evaluation form by which we could evaluate the responses of each candidate. This evaluation form contained 32 criteria which were compiled to parallel the desired traits and experience. The committee scored each candidate on each of the 32 traits marking each area as ?superior, ?qualified? or ?lacking? in descending order of acceptability. If a candidate?s answers did not reflect a specific category, committee members did not rank the candidate due to insufficient information. James W. Antonen Of the 32 categories evaluated, Mr. Antonen scored in the ?superior? range in 16 categories and in the ?qualified? range in 13 categories scored. The committee felt there was not enough information given in three categories to form a conclusion. Mr. Antonen was the only candidate that received no ?lacking? votes. The committee felt that Mr. Antonen brought the most diverse city manager experience to the table having worked in three different states. His experience has spanned a unionized state and a right to work state. These experiences have also worked across city, county and state lines to build partnerships. He has also carried the City of Moorhead through the disasters of flooding. Mr. Antonen?s approach to employee relations was noted as appositive to the committee and he spoke frequently of treating employees with respect. He spoke of employees being members of the team and occasionally having to address employees who chose to not be part of the team. Mr. Antonen?s answers were concise and to the point, completing the interview in the least amount of time. Daniel J. Donahue Mr. Donahue scored as ?qualified? in 27 categories and scored in the ?superior? range in one category and in the ?lacking? range in two categories. The committee felt there was not enough information given in one category to form a conclusion. One category was an even split with no conclusion drawn. Mr. Donahue received a total of 42 votes of ?lacking? when all the categories were combined. 1 The committee felt that Mr. Donahue had a significant number of areas in the ?lacking? range. From his answers, it was felt that he had a style where he would be quite removed from daily operations in the city. It was also felt that his overall interviewing skills were lacking as he had difficulty verbalizing specific examples and repeated information for several questions. The committee agreed that some of his responses and verbiage lacked professionalism for this type of interview. During a response regarding the City budget, he explained he ?couldn?t get a hold of a copy of the budget? when it is available on line. Overall the committee felt that Mr. Donahue?s responses may have been indicative of a lack of preparation for this interview. Timothy Madigan Mr. Madigan scored as ?qualified? in 13 categories and scored in the ?superior? range in 14 categories. The committee felt there was not enough information given in five categories to form a conclusion. Mr. Madigan received a total of two votes in the ?lacking? category. Mr. Madigan?s answers flowed smoothly throughout the interview which the committee demonstrated his experience and preparation. He backed up his answers with examples. In his explanations and examples, he conveyed credit to others where he felt it was due. He showed respect towards those he referenced in his answers. Mr. Madigan referenced partnering with other entities in the community regularly. When speaking of the potential of outsourcing essential functions, he described how a city must weigh the short term gain with the long term loss and expressed his caution with rushing into a solution before the problem is fully evaluated. The committee appreciated the practicality of less concern with long term planning and more concentration on day- to-day issues. Mr. Madigan appeared very ?engaged? with the people attending the social gathering The committee was concerned that although Mr. Madigan?s experience is extensive, his experience has been in smaller, rural communities. Summary The committee noted that Mr. Madigan and Mr. Donahue seemed more comfortable in the group setting of the social gathering but also realized that Mr. Antonen was operating on very little sleep due to flight delays. At the final deliberation session of the committee, the group discussed ranking the candidates. It was decided a vote would be taken similar to the manner in which the City Council votes for City Commission candidates. The final result of this vote was: Mr. Tim Madigan = 20, Mr. James Antonen = 15, Mr. Daniel Donahue = 7 One member of the committee was not present for the final vote, but was present for the deliberation following the interviews. The committee believed that all three candidates were well qualified candidates with varying, but extensive experience. It is our hope that the committee?s input will assist the City Council in their selection of Maplewood?s next City Manager. Page 2 Agenda Item L1a 2009-2010 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND MINNESOTA A.F.S.C.M.E. COUNCIL NO. 5 LOCAL 2725 CLERICAL/TECHNICAL & MAINTENANCE UNITS Agenda Item L1a TABLE OF CONTENTS ARTICLE SUBJECT PAGE 1 PURPOSE OF AGREEMENT 1 2 RECOGNITION 1 3 DEFINITIONS 2 4 UNION SECURITY 3 5 EMPLOYER SECURITY 4 6 EMPLOYER AUTHORITY 4 7 WORK SCHEDULES 5 8 CALL BACK 6 9 STAND BY 6 10 MEAL AND REST PERIODS 7 11 OVERTIME 7 12 PROBATIONARY PERIODS 8 13 SENIORITY 9 14 JOB POSTING 9 15 DISCIPLINE 10 16 GRIEVANCE PROCEDURE/ARBITRATION 10 17 VACATION/ANNUAL LEAVE 11 18 HOLIDAYS 12 19 SICK LEAVE 12 20 LEAVES OF ABSENCE 13 21 SEVERANCE PAY 15 22 INJURY ON DUTY 15 23 INSURANCE 16 24 UNIFORMS 16 25 TRAVEL & MEAL ALLOWANCES/USE OF CAR 17 26 PERSONNEL FILES 18 27 NONDISCRIMINATION 18 28 LEGAL DEFENSE 18 29 REQUIRED LICENSES 18 30 SAFETY 18 Agenda Item L1a TABLE OF CONTENTS (cont.) ARTICLE SUBJECT PAGE 31 LEADPERSON 18 32 TOOLS 19 33 EDUCATION 19 34 RESERVED 19 35 WAGE SCHEDULE 19 36 WAIVER 20 37 SAVINGS CLAUSE 20 38 DURATION 20 APPENDIX A WAGE SCHEDULE?01-01-09 22 APPENDIX B WAGE SCHEDULE?01-01-10 23 APPENDIX C DIFFERENTIAL PAY 24 APPENDIX D ANNUAL LEAVE PROGRAM 25 APPENDIX E HEALTH INSURANCE 29 Agenda Item L1a ARTICLE 1 PURPOSE OF AGREEMENT 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 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 1 Agenda Item L1a Engineering Technician Environmental Health Official Facility Technician Heavy Equipment Mechanic Lead Building Custodian Lead Licensing Specialist Licensing Specialist Lifeguard Maintenance Worker Marketing/Public Relations Specialist Naturalist Naturalist ? Open Space Office Specialist Operations Analyst ? Public Works Planner Police Records Specialist Senior Engineering Technician Vehicle Equipment Maintenance Technician 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 2 Agenda Item L1a 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 obligations of employment. 3.10 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: 4.1Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3. 4.2Union 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. 4.3Bulletin 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 4. Police Department 2. Community Center 5. Public Works Building 3. Park Maintenance Building 6. Nature Center 4.4Union 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. 4.5Hold 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 3 Agenda Item L1a as a result of any action taken or not taken by the City under the provisions of this Article. 4.6Seniority 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 5.1No Strike - The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of, or interference with the normal functions of the EMPLOYER. 5.2Termination 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. 5.3Unexcused 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. 5.4Reemployment 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. 5.5No 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 manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 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 4 Agenda Item L1a 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 Normal Workday/Workweek - The sole authority in work schedules is the EMPLOYER. 7.1 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. 7.2Regular 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. Unusual Work Circumstances - In the event that work is required because of unusual 7.3 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. Saturday/Sunday Workweeks - Service to the public may require the establishment of 7.4 regular workweeks that schedule work on Saturdays and/or Sundays. 7.5Permanent Schedule Changes -.Any permanent changes in the work schedule should be preceded with at least a two (2) week notice to the affected employees. 7.6Out-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, 5 Agenda Item L1a 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. Flexible Scheduling - Non-exempt employees, who normally work eight (8) hour shifts, 7.8 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. 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 Snow Plowing ? Non-exempt employees who are required to come in before their normal work day start time to plow snow for EMPLOYER shall be paid one and one half (1 ½) times their regular rate for their time plowing snow 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 (1-1/2) 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. 6 Agenda Item L1a 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 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 11.1Daily/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 8 hours. In that case, overtime eligibility begins after the regular shift is exceeded. (See Article 7--Work Schedules.) 7 Agenda Item L1a 11.2Holidays 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. 11.3Equal Distribution - Overtime will be distributed as equally as practicable. 11.4Overtime Refused - Overtime refused by employees will, for record purposes under Section 11.3, be considered as unpaid overtime worked. No Duplication of Overtime - For the purpose of computing overtime compensation, 11.5 overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. Computing Overtime - All paid leave time shall be considered time worked for the 11.6 purpose of computing overtime. 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 12.1Probationary 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. 8 Agenda Item L1a 12.3Probationary 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 13.1Determining Criterion - Seniority will be the determining criterion for transfers, newly created positions and promotions only when all other qualification factors are equal. 13.2Layoff - 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 13.3Bumping - 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. 13.4Recall - 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. 13.5Promotion Outside Bargaining Unit - Employees promoted outside the bargaining unit shall maintain their seniority in the unit for thirty (30) days. 13.6Seniority 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. 13.7Continuous Service - For purposes of seniority, an employee's continuous service record shall be broken by voluntary resignation, discharge for just cause or retirement. 13.8Voluntary 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. 9 Agenda Item L1a ARTICLE 14 JOB POSTING 14.1Promotion 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. 14.2Promotional 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. 14.3Selection Decision - The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 14.4Job 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. ARTICLE 16 GRIEVANCE PROCEDURE/ARBITRATION 16.1Processing 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. 16.2Procedure - 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 10 Agenda Item L1a 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) 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. 16.3Waiver - 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. 16.4Arbitrator'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 11 Agenda Item L1a 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 VACATION / ANNUAL LEAVE 17.1Vacation 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. 17.2Maximum Vacation Accumulation - Employees will be allowed to carry over a maximum of one and one-half (1-1/2) times his/her annual accrual rate into each successive year. (Part-time employee carryover is pro-rated based on hours worked.) 17.3Vacation 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 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 20 or more hours per week): DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day First Monday in September Labor Day November 11 Veterans Day 12 Agenda Item L1a Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving December 25 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. 18.2Personal 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 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 19.1Use 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 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 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: 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 13 Agenda Item L1a 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. 19.2Sick 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 (1/2) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one-half (1/2) 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. 19.3Conversion 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 OF ABSENCE The EMPLOYER agrees to provide to full-time employees the following leaves of absence with reasonable written notice from the employee: 20.1Military Leave - Military leave, with pay, for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. 20.2Jury 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. 20.3Educational Leave - Educational leaves with pay for work-related conferences and seminars which occur during regular working hours when attendance is approved by the 14 Agenda Item L1a 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. 20.5Parenting 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, 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 15 Agenda Item L1a 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 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. 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. 16 Agenda Item L1a l. 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 23.1Health/Dental Insurance ? Where the City provides more than one choice of health insurance plans, the EMPLOYER will pay 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 least costly plan for full- time employees. All Employees hired after January 1, 2010 shall only be offered the HDHP. 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 City will pay 50% of the cost of single coverage for the lowest cost health insurance plan 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 2010 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. 23.2Life Insurance - The EMPLOYER shall provide a life insurance policy with a benefit value of thirty thousand dollars ($30,000) for all full-time employees. 23.3Long-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. 23.4Short-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 17 Agenda Item L1a 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 25.1Mileage - 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. 25.2Meals - 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 expenses of $25 per day will be allowed without receipts being required. Meal allowances up to a maximum of $40 per any 24-hour period shall be reimbursed if receipts accompany the request for meal reimbursement. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the following amounts: $6.00 - Breakfast $8.00 - Lunch $11.00 - Dinner 18 Agenda Item L1a 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 unit without discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. 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 UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. 19 Agenda Item L1a 30.2 Safety Committee ? The UNION shall designate an employee to serve on the City 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 and books upon successful completion with a ?C? grade or better,, seventy-five percent (75%) reimbursement of tuition and books upon completion with a "B" grade or better and one hundred percent (100%) reimbursement of tuition and books upon completion with an "A" grade, during the term of this AGREEMENT, or 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. ARTICLE 34 RESERVED ARTICLE 35 WAGE SCHEDULE 35.1 Cost of Living: Effective 1-1-09, increase wages by 3%. Effective 1-1-10, increase wages by 3% 20 Agenda Item L1a ? New salary ranges are adopted with the 2001-2002 contract. 35.2 New Salary Ranges 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 01/01/04. 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. 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 UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by 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. 21 Agenda Item L1a 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. ARTICLE 38 DURATION This AGREEMENT shall be effective January 1, 2009, and shall remain in full force and effect until the thirty-first (31st) day of December 2010. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of, 2009. FOR THE CITY: FOR THE UNION: ___________________________________ ________________________________ Mayor ___________________________________ ________________________________ City Manager ___________________________________ ________________________________ Human Resource Department ________________________________ 22 Agenda Item L1a ________________________________ ________________________________ 23 Agenda Item L1a Appendix A A.F.S.C.M.E. 2009 Salary Ranges (w 3% increase) Accountant$26.63$27.96$29.36$30.83$31.75$32.71$33.36$34.03 AccountingTechnician$19.54$20.51$21.54$22.61$23.29$23.99$24.47$24.96 Administrative Assistant $18.89$19.84$20.83$21.88$22.53$23.21$23.67$24.14$24.59$25.05 BuildingCustodian$15.46$16.24$17.05$17.90$18.43$18.99$19.36$19.76 BuildingInspector$25.58$26.86$28.20$29.61$30.50$31.42$32.05$32.68 Building Inspector Apprentice $20.47$21.49$22.56$23.69$24.40$25.13$25.64$26.15 BuildingMntc Wkr $17.00$17.86$18.74$19.68$20.27$20.88$21.30$21.72 Civil Engineer I $27.10$28.45$29.89$31.37$32.32$33.28$33.95$34.63 Civil Engineer II $29.82$31.31$32.87$34.52$35.56$36.62$37.35$38.10 Clerk$12.51$13.13$13.79$14.48$14.92$15.36$15.67$15.99 Community Gym Rep $12.52$13.15$13.80$14.49$14.93$15.37$15.68$16.00 CSO$17.25$18.12$19.01$19.96$20.57$21.19$21.60$22.04 CSO/Paramedic$19.85$20.85$21.89$22.98$23.67$24.38$24.87$25.36 CustomerSrvc Assoc $8.86$9.31$9.78$10.26$10.57$10.89$11.10$11.33 CustomerSrvc Rep $12.52$13.15$13.80$14.49$14.93$15.37$15.68$16.00 Data Entry Operator$14.06$14.76$15.51$16.28$16.76$17.27$17.61$17.96 Deputy Clerk $18.89$19.84$20.83$21.88$22.53$23.21$23.67$24.14 Engineering Technician $20.41$21.44$22.51$23.64$24.35$25.08$25.58$26.08 Engineering Technician, Sr $25.30$26.55$27.89$29.29$30.16$31.07$31.69$32.32 Environmental Health Official $25.82$27.11$28.47$29.89$30.78$31.71$32.34$32.99 Environmental Planner $29.08$31.46$33.04$34.68$35.72$36.79$37.53$38.30 Facility Technician $17.76$18.64$19.57$20.55$21.17$21.80$22.24$22.69 Heavy Equipment Mechanic $20.25$21.26$22.32$23.45$24.15$24.87$25.37$25.88 Lead Custodian $17.76$18.64$19.57$20.55$21.17$21.80$22.24$22.69 Lead Licensing Specialist $19.18$20.13$21.14$22.20$22.86$23.55$24.02$24.50 Lifeguard$10.07$10.58$11.10$11.66$12.01$12.37$12.61$12.86 Maintenance Worker $19.75$20.74$21.78$22.86$23.55$24.26$24.74$25.23$25.67$26.15 Maintenance Trainee $18.81 Marketing/Public Relations Spec. $23.26$24.42$25.65$26.94$27.73$28.57$29.14$29.72 Mechanic Crew Chief $22.27$23.38$24.55$25.79$26.55$27.35$27.90$28.45 Naturalist$21.33$22.39$23.52$24.68$25.43$26.19$26.72$27.25 Office Specialist $17.44$18.30$19.22$20.18$20.78$21.41$21.84$22.28$22.70$23.12 Planner$26.05$27.36$28.73$30.16$31.07$32.00$32.64$33.30 Public Works Operations Analyst $25.29$26.55$27.89$29.27$30.16$31.06$31.68$32.31 Receptionist$16.58$17.41$18.28$19.20$19.77$20.37$20.77$21.19 Sanitary Sewer Crew Chief $21.72$22.82$23.95$25.14$25.91$26.68$27.21$27.76 Storm Sewer Crew Chief $21.72$22.82$23.95$25.14$25.91$26.68$27.21$27.76 Street Maintenance Crew Chief $21.72$22.82$23.95$25.14$25.91$26.68$27.21$27.76 Technical Assistant - Police $27.12$28.48$29.90$31.39$32.33$33.31$33.97$34.65 VEM Technician $17.19$18.05$18.95$19.90$20.49$21.11$21.53$21.96 Appendix B 24 Agenda Item L1a A.F.S.C.M.E. 2010 Salary Range(w 3% increase) Accountant$27.43$28.80$30.24$31.75$32.71$33.69$34.36$35.05 AccountingTechnician$20.12$21.13$22.18$23.29$23.98$24.70$25.20$25.71 Administrative Assistant $19.46$20.44$21.45$22.53$23.21$23.91$24.38$24.86$25.32$25.80 BuildingCustodian$15.93$16.73$17.56$18.44$18.99$19.56$19.94$20.35 BuildingInspector$26.35$27.67$29.05$30.50$31.41$32.36$33.01$33.66 Building Inspector Apprentice $21.08$22.14$23.24$24.40$25.13$25.89$26.40$26.93 BuildingMntc Wkr $17.51$18.39$19.30$20.27$20.88$21.51$21.94$22.38 Civil Engineer I $27.91$29.31$30.78$32.31$33.29$34.28$34.97$35.67 Civil Engineer II $30.72$32.25$33.86$35.55$36.62$37.72$38.47$39.25 Clerk$12.89$13.53$14.20$14.91$15.36$15.82$16.14$16.47 Community Gym Rep $12.90$13.54$14.22$14.92$15.37$15.84$16.15$16.48 CSO$17.77$18.66$19.58$20.56$21.18$21.82$22.25$22.70 CSO/Paramedic$20.45$21.47$22.54$23.67$24.38$25.11$25.62$26.12 Srvc CustomerAssoc$9.13$9.59$10.07$10.57$10.88$11.22$11.44$11.67 CustomerSrvc Rep $12.90$13.54$14.22$14.92$15.37$15.84$16.15$16.48 Data Entry Operator$14.49$15.21$15.97$16.77$17.27$17.78$18.14$18.50 Deputy Clerk $19.46$20.44$21.45$22.53$23.21$23.91$24.38$24.86 Engineering Technician $21.02$22.08$23.19$24.34$25.08$25.83$26.35$26.87 Engineering Technician, Sr $26.06$27.35$28.72$30.16$31.06$32.00$32.64$33.29 Environmental Health Official $26.60$27.92$29.32$30.78$31.71$32.66$33.32$33.98 Environmental Planner $30.85$32.40$34.03$35.72$36.80$37.89$38.66$39.45 Facility Technician $18.29$19.20$20.16$21.17$21.80$22.45$22.90$23.37 Heavy Equipment Mechanic $20.86$21.90$22.99$24.15$24.87$25.62$26.13$26.65 Lead Custodian $18.29$19.20$20.16$21.17$21.80$22.45$22.90$23.37 Lead Licensing Specialist $19.75$20.73$21.78$22.87$23.55$24.25$24.74$25.23 Lifeguard$10.38$10.89$11.44$12.01$12.37$12.74$12.99$13.25 Maintenance Worker $20.34$21.36$22.43$23.55$24.25$24.99$25.48$25.99$26.44$26.93 Maintenance Trainee $19.37 Marketing/Public Relations Spec. $23.96$25.16$26.42$27.74$28.57$29.43$30.02$30.61 Mechanic Crew Chief $22.94$24.09$25.29$26.56$27.35$28.17$28.73$29.31 Naturalist$21.97$23.06$24.22$25.43$26.19$26.98$27.52$28.07 Office Specialist $17.96$18.85$19.80$20.79$21.41$22.05$22.50$22.95$23.38$23.82 Open Space Naturalist $22.18$23.29$24.46$25.68$26.45$27.25$27.79$28.34 Planner$26.83$28.18$29.59$31.06$32.00$32.95$33.62$34.29 Public Works Operations Analyst $26.04$27.35$28.72$30.15$31.06$31.99$32.63$33.28 Receptionist$17.07$17.93$18.83$19.78$20.36$20.98$21.40$21.82 Sanitary Sewer Crew Chief $22.38$23.50$24.67$25.90$26.69$27.48$28.03$28.59 Storm Sewer Crew Chief $22.38$23.50$24.67$25.90$26.69$27.48$28.03$28.59 Street Maintenance Crew Chief $22.38$23.50$24.67$25.90$26.69$27.48$28.03$28.59 Technical Assistant ? Police $27.93$29.33$30.80$32.34$33.30$34.31$34.99$35.69 VEM Technician $17.70$18.59$19.52$20.50$21.10$21.74$22.17$22.62 25 Agenda Item L1a Appendix C 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 Backhoe/Loader 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. 26 Agenda Item L1a Appendix D 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 - 27 Agenda Item L1a 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 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 three (3) consecutive days. If an employee knows they will be out for more than three (3) 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 three (3) days, they will use annual leave. If the medical condition extends beyond the three (3) 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. 28 Agenda Item L1a 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. I. 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). 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. 29 Agenda Item L1a 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. APPENDIX E The least costly plan for 2009 is the High Deductable Health Plan (hereafter the ?HDHP?). The Employer will also pay the cost of Employee (single) health coverage for the second and third least costly plans, (which in 2009 are either the option that restricts the scope of coverage to a more narrow choice of providers) ( the ?Elect/Essential? option) or the plan that provides for a $25.00 Co-pay and an 80/20 co-insurance feature with a $1200.00 cap for single and $3600.00 cap for family (hereafter the ?80/20?) . If the Employee chooses the most costly plan (in 2009 a continuation of the 2008 $25.00 Co-pay plan with no 80/20 co-insurance) (hereafter the ?Renewal?) the Employee will pay 50% of the increased cost in premiums for that plan and the City shall pay the remaining 50% of that increase. (See Example 1 below). For those Employees who choose the HDHP and elect single coverage, the City shall deposit $2,000.00 into a Health Reimbursement Account (?HRA?) for the Employee for the first year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the City shall deposit $3,350.00 into an HRA for the Employee for the first year the Employee participates in the HDHP. For the second year an Employee is in the HDHP, the City shall deposit $1700.00 into the HRA for those with single coverage and $2700.00 for those with family coverage and in the third year and every year thereafter, the City shall deposit $1400.00 into the HRA for those with single coverage and $2300.00 for those with family coverage. The chart below sets forth in more detail the exact amounts of the Employee and City contributions for 2009 and also sets forth additional details with regard to the payment and timing of City contributions. With regard to Employees who choose any plan except the lowest cost plan (the HDHP) and elect family coverage, the City shall pay as set forth below under family coverage for 2009 and thereafter shall split 50/50 any increase for such premiums for family coverage with the Employee paying 50% of such increase and the City paying the remaining 50% of such increase. In the event that the premium is reduced in 2010 from the previous year, the City contribution shall be decreased by such amount. Example 1: 2008 2009 2010 Premium $100 $110.00 $121.00 City pays $ 0 $105.00 $110,50 Employee pays $ 0 $ 5 $ 10.50 Health Plan Single Family Employee City Employee City Renewal $39.77 $570.14 $463.21 $1,032.56 30 Agenda Item L1a 80/20 $ 0.00 $568.44 $361.50 $1,032.56 Elect/Ess?l $ 0.00 $548.92 $353.64 $ 992.56 HDHP $ 0.00 $450.42 $282.38 $ 822.90 HDHP Annual* Contribution by the City towards the Employee?s deductable: Yr 1: $2,000.00 $3,350.00 Yr 2: $1,700.00 $2,700.00 Yr 3 and thereafter: $1,400.00 $2,300.00 * - The City shall make the above contributions in 3 equal payments to each Employee?s Health Reimbursement Account for each Employee who chooses the HDHP - 1/3 of the total contribution in mid-January; 1/3 of the total contribution in mid-May; and 1/3 of the total contribution in mid-September. 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. 31 COLA Increases in Alphabetical Oder Union/20092008 OrganizationStatusNon-Union% Increase% IncreaseNotes/Comments Albert Lea2.00% Albertville2.25%Plus an additional 0.5% employer match in PERA HCSP AndoverB3.00%3.00% Anoka 3.00%3.00% Anoka CoA2.00%Approved 2% with a possible 0.5% more if fund available after legislative session ends Apple ValleyB3.25%3.00% Arden Hills3.00%3.00% AustinB3.00%3.00% Barnum3.00% BaxterBB3.00% BemidjiB3.00%3.00%Unless Governor reduces LGA Benton CoU3.00%3.00% BlaineBB3.50%3.50% Blue Earth Co2.00%2.00%2% on 1/1/09 and 2% on 7/1/09 Big Lake3.00%3.00% BloomingtonB3.50%3.50% Brooklyn ParkB3.00%3.00% CambridgeB3.00%3.00% Carver Co3.00%3.00%Wage Adjustment Champlin3.50% ChaskaB3.50%3.50% ChisagoA3.00%3.20% Circle PinesB3.50%3.00% Coon RapidsP3.00%3.00% Cottage GroveB3.00%3.00% CrystalAB3.00%3.00% Deer RiverB3.00% EdinaP3.50%3.50% Elk River3.00% Elko New MarketA2.00%Reviewed in 6 months FairmontB3.00% Falcon Heights3.50%3.00%Depends on Dec LGA cuts by Governor FarmingtonB3.00%3.00% Fergus Falls3.00%3.00% Forest Lake3.00%3.00% Fridley3.00%3.00% Golden Valley3.00%3.00% Ham LakeB3.00%3.00% HanoverP3.00% HastingsBN 3.00%3.00% Hopkins3.00%3.00% HutchinsonB3.00%2.70%Possible Freeze for 20009 Lakeville3.00%3.00% LindstromP3.00% Lino LakesB3.00%3.00% Little Canada3.00%For position over 50k Little Canada4.00%For positions under 50k MankatoB2.50%None of the 5 unions have settled contracts for 2009 Maple Grove3.25%3.50% MarshallB3.00%3.00% Medina3.00%3.00% Minneapolis2.50%2.5% wages, 16% fringes and 3% non-personnel Minneapolis Retirement Fd3.50% MinnetonkaB2.75%3.00% MontevideoB4.00%3.50%LELS contract not settled. MonticelloB3.00%1.00% MoorheadB3.00%2.00%An additional 0.5% of salaries for health care premiums Mosquito Control Dist3.00% MoundA3.00%3.00% Mounds View3.00%3.00% MSPMACB3.00%3.00% New BrightonBN3.00%3.00% New HopeA3.00%3.00% Northfield3.00%3.00% OakdaleB3.25%3.50% Oak Grove3.00% Oak Park HeightsU3.00%3.00% OronoB3.50%3.00% OwatonnaB3.00% Prior LakeB2.50%3.00%Unions have not settled. Ramsey3.00%3.00% Redwood Falls3.50%3.00% RichfieldP3.25%3.00% RobbinsdaleP3.00%3.00% RochesterB3.50%2.75%Last of 3 year contract or they'd be no way near that amount RogersB3.00% RosemountB2.00%2.00%2% on 1/1 & 2% 7/1 of 09. Teamsters at 3% on 1/1/09 RosevilleB3.50%3.50%Approved will be 2.5% or 3% St AnthonyB3.50%3.50% St JosephB3.00%3.25% St Louis ParkB3.00%3.00% St MichaelB3.00%3.00% St Peter2.00%2.00% Sartell3.00%3.00%Previous union contracts capped at 3% for one, other has average steps of 2.5% Sauk Rapides3.50%3.00% Scott Co1.00% Shakopee3.00%3.00% Sherburne CoAB3.00% ShoreviewP3.00%3.00% Shorewood3.00% Stillwater3.25%3.00%3% on 1/1 & 0.25% on 7/1/09 Swift CoU3.50% Three Rivers Park Dist3.00%3.00% Victoria3.00%3.00% WaconiaB2.00% Waseca3.00% Washington County HRAU3.00% West St PaulP3.00% White Bear Lake3.00%3.00%0-3% max White Bear Township3.50%3% 1/1 & 0.5% on 7/1/09 Woodbury3.00%3.00% Zimmerman3.00% AVERAGE3.00%2.98% Status; B=Budgeted, A=Approved, P=Proposed Union/Non-Union; U=Union, N=Non-Union, B=Both Columns B & C were left blank if nothing was stated. 2008 figures were from last year's similar list serve survey the City did in January 2008. Agenda Item L1b COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 January 1, 2009 through December 31, 2010 Agenda Item L1b TABLE OF CONTENTS ARTICLE NO.SUBJECT PAGE I Purpose and Intent 1 II Recognition1 III Definitions 2 IV Association Security 3 V Employer Authority 4 VI Grievance Procedure 4 VII Non-Discrimination 6 VIII Seniority 7 IX Annual Leave 8 X Insurance9 XI Clothing and Equipment 10 XII Hours 10 XIII Holidays 12 XIV Tuition Reimbursement 13 XV Discipline 13 XVI Wages 14 XVII Injury on Duty ? Salary Continuation 15 XVIII Working Out of Classification 16 XIX Waiver and Savings Clause 16 XX Duration 17 Addendum A RHS Plan for FT Firefighters 18 Addendum B Health Insurance 19 Agenda Item L1b AGREEMENT This agreement entered into between the City of Maplewood, Minnesota, a municipal corporation, hereafter referred to as the EMPLOYER, and Local 4470, of the International Association of Fire Fighters, hereinafter referred to as the ASSOCIATION. ARTICLE 1 PURPOSE AND INTENT It is the purpose and intent of this AGREEMENT to: 1.1 Establish wages and other conditions of employment; 1.2 Establish procedures for the peaceful resolution of disputes concerning the Agreement?s interpretation and/or application; 1.3 Place in written form the parties? agreement upon terms and conditions of employment for the duration of this AGREEMENT; and 1.4 Specify the full and complete understanding of the parties. The EMPLOYER and the ASSOCIATION through this AGREEMENT, continue their dedication to the highest quality public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II 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-O. 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. 1 Agenda Item L1b ARTICLE III DEFINITIONS Association: 3.1International Association of Fire Fighters, Local 4470. Association Member: 3.2A Member in good standing of Local 4470, IAFF. Bargaining Unit Seniority: 3.3 Seniority as a Member of this Bargaining Unit. Emergency Call Back: 3.4Immediate 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. Continuous Service: 3.5 Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. Days: 3.6 Unless otherwise indicated, days mean calendar days. Employee: 3.7 A member of the international Association of Fire Fighters, Local 4470, covered by this AGREEMENT. Employer: 3.8 City of Maplewood, Minnesota. Immediate Supervisor: 3.9 The Fire Captain Job Class Seniority: 3.10 Employee?s length of continuous service in a job class. Layoff: 3.11 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. Leave of Absence: 3.12 An approved absence from work duty during a scheduled work period with or without compensation. Meal Break: 3.13 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. Probationary Period: 3.14 The first twelve (12) months of service of a newly hired or rehired Employee. Promotion: 3.15 A change of an Employee from a position in one job classification to a position in another job classification with higher 2 Agenda Item L1b maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. Rest Break 3.16: 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. Scheduled Shift 3.17: A consecutive work period including rest breaks and a meal break. Strike: 3.18 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. Working Days: 3.19 A calendar day in which an Employee is regularly scheduled to work. 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. 3 Agenda Item L1b 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. 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. 6.2First Step: The Employee, with or without the Steward, shall take up the grievance or dispute with the Employee?s immediate supervisor within (10) working 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. 6.3Second Step: If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within seven (7) working days after the Supervisor?s response is 4 Agenda Item L1b 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 ten (10) working days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within ten (10) working days after the meeting. 6.4Third 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 ten (10) working 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) calendar 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) calendar days after the date the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5Fourth 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) calendar 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 ten (10) working 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 hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 5 Agenda Item L1b 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) calendar 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 ASSOCIATION and the EMPLOYER agree to meet and confer to discuss possible accommodations for ?qualified? disabled Employees as the need arises, consistent with the intent of the American?s with Disabilities Act. 6 Agenda Item L1b ARTICLE VIII 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. 7 Agenda Item L1b 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 8 Agenda Item L1b 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. 9.9 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. ARTICLE X INSURANCE Health/Dental Insurance 10.1? Where the EMPLOYER provides more than one choice of health insurance plan, the EMPLOYER will pay 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 least costly plan.The least costly plan for 2009 is the High Deductable Health Plan (hereafter the ?HDHP?) which in 2009 has a $2000 deductable for singles and a $4000 deductable for families. 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. Life Insurance 10.2 ? 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. 9 Agenda Item L1b Long-Term Disability Insurance 10.3 - 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. Short-Term Disability Insurance 10.4 ? 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. Retiree Health Savings Account 10.5 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 11.1 uniforms and equipment which shall include: four long sleeve shirts, four 11.1 short sleeve shirts, four pair pants, one tie, one summer jacket, one winter 11.1 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. 10 Agenda Item L1b 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. EMERGENCY CALLOUT 12.4 - 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. SCHEDULED MEDICAL ONCALL 12.5 - If authorized by the EMPLOYER for scheduled medic oncall, employees will receive ¼ hour for each hour authorized to be oncall. 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. EMERGENCY MEDICAL CALLOUT 12.8 - 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 11 Agenda Item L1b the Fire Chief. 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, Whenoff 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 weeks 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 13.1Designated 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): st 1. New Year?s Day January 1 rd 2. Martin Luther King?s Birthday 3 Monday in January rd 3. President?s Day 3 Monday in February 4. Memorial Day Last Monday in May th 5. Independence Day July 4 st 6. Labor Day 1 Monday in September th 7. Veteran?s Day November 11 th 8. Thanksgiving Day 4 Thursday in November th 9. Day after Thanksgiving 4 Friday in November th 10. Christmas Day 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. 12 Agenda Item L1b 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 and books upon successful completion with a ?C? grade or better and seventy-five (75%) reimbursement of tuition and books upon completion with a ?B? grade or better 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. 14.2 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 of they voluntarily leave employment within twelve (12) months of reimbursement. 14.3 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. 13 Agenda Item L1b 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 be compensated according to the following schedule: A. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2009 FIRE FIGHTER / EMT PARAMEDIC Entry $ 1891.93 bi weekly $ 1,986.99 After 1 year $ 2,024.09 bi weekly $ 2,126.10 After 2 years $ 2,165.52 bi weekly $ 2,274.51 After 3 years $ 2,317.39 bi weekly $ 2,433.32 After 5 years $ 2,384.62 bi weekly $ 2,504.03 After 10 years $ 2, 413.60 bi weekly $ 2,534.17 After 15 years $ 2,441.44 bi weekly $ 2,564.31 After 20 years $ 2,470.41 bi weekly $ 2,593.29 B. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2010 14 Agenda Item L1b FIRE FIGHTER PARAMEDIC Entry $ 1,948.69 bi weekly $ 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 bi weekly $ 2,671.09 The above rates will be increased by one hundred dollars ($100) per month, provided the Employee agrees to have the funds deposited in an approved deferred compensation plan (pro-rated for regular part-time employees). The EMPLOYER shall additionally deposit $ 25.00 per month into the plan if the Employee deposits $ 50.00 of the Employee?s own funds per month into the plan or the EMPLOYER shall additionally deposit $ 50.00 per month into the plan if the Employee deposits $ 100.00 of the Employee?s own funds per month into the plan. The maximum contribution the EMPLOYER will deposit into the deferred compensation plan per Employee per month is $ 150.00. 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 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 90 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 15 Agenda Item L1b 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 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. 16 Agenda Item L1b 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. 17 Agenda Item L1b ARTICLE XX DURATION st 20.1 This AGREEMENT shall be effective on the 1 of January 2009 and shall st remain in full force and effect through December 31, 2010. 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 ________________________, 2008. FOR THE CITY: FOR THE ASSOCIATION: __________________________ ______________________________ __________________________ ______________________________ __________________________ ______________________________ 18 Agenda Item L1b Addendum A RHS PLAN FOR FT FIREFIGHTERS Participant and benefit eligibility criteria: 1. Must be full-time employee, no minimum or maximum age and no years of service requirement. Benefits will be limited to insurance premiums 2.(health, dental, long-term care premiums, Medicare Part B, and Medicare supplements) and out-of- pocket expenses described as eligible by the IRS. The RHS plan will be funded by severance pay as follows: 3. 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. The RHS plan will be funded with annual deposits as follows: 4. All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 19 Agenda Item L1b Addendum B The City will also pay the cost of Employee (single) health coverage for the second and third least costly plans, (which in 2009 are either the option that restricts the scope of coverage to a more narrow choice of providers) ( the ?Elect/Essential? option) or the plan that provides for a $25.00 Co-pay and an 80/20 co-insurance feature with a $1200.00 cap for single and $3600.00 cap for family (hereafter the ?80/20?) . If the Employee chooses the most costly plan (in 2009 a continuation of the 2008 $25.00 Co-pay plan with no 80/20 co-insurance) (hereafter the ?Renewal?) the Employee will pay 50% of the increased cost in premiums for that plan and the City shall pay the remaining 50% of that increase. (See Example $1 below). For those Employees who choose the HDHP and elect single coverage, the City shall deposit $2,000.00 into a Health Reimbursement Account (?HRA?) for the Employee for the first year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the City shall deposit $3,350.00 into an HRA for the Employee for the first year the Employee participates in the HDHP. For the second year an Employee is in the HDHP, the City shall deposit $1700.00 into the HRA for those with single coverage and $2700.00 for those with family coverage and in the third year and every year thereafter, the City shall deposit $1400.00 into the HRA for those with single coverage and $2300.00 for those with family coverage. The chart below sets forth in more detail the exact amounts of the Employee and City contributions for 2009 and also sets forth additional details with regard to the payment and timing of City contributions. With regard to Employees who choose any plan except the lowest cost plan (the HDHP) and elect family coverage, the City shall pay as set forth below under family coverage for 2009 and thereafter shall split 50/50 any increase for such premiums for family coverage with the Employee paying 50% of such increase and the City paying the remaining 50% of such increase. In the event that the premium is reduced in 2010 from the previous year, the City contribution shall be decreased by such amount. Example #1: 2008 2009 2010 Premium $100 $110 $121 City pays $0 $105 $110.50 HDHP Annual* Contribution by the City towards the Employee?s deductable: Yr 1: $2,000.00 $3,350.00 Yr 2: $1,700.00 $2,700.00 Yr 3 and thereafter: $1,400.00 $2,300.00 * - The City shall make the above contributions in 3 equal payments to each Employee?s Health Reimbursement Account for each Employee who chooses the HDHP - 1/3 of the total contribution in mid-January; 1/3 of the total contribution in mid-May; and 1/3 of the total contribution in mid- September. 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 20 Agenda Item L1b resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. 21 Agenda Item L1c COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 ? O Fire Officers January 1, 2009 through December 31, 2010 Agenda Item L1c TABLE OF CONTENTS ARTICLE NO.SUBJECT PAGE Agreement 1 IPurpose and Intent 1 II Recognition1 III Definitions1 IV Association Security 3 V Employer Authority 4 VI Grievance Procedure 4 VII Non-Discrimination 6 VIII Seniority 7 IX Annual Leave 8 X Insurance9 XI Clothing and Equipment 10 XII Hours 10 XIII Holidays 12 XIV Tuition Reimbursement 13 XV Discipline 13 XVI Wages 14 XVII Injury on Duty ? Salary Continuation 16 XVIII Working Out of Classification 17 XIX Waiver and Savings Clause 17 XX Duration 18 Addendum A RHS Plan for FT Firefighters 19 Addendum B Health Insurance 20 Addendum C Compensation for Highly Paid Employee 23 Agenda Item L1c AGREEMENT This agreement entered into between the City of Maplewood, Minnesota, a municipal corporation, hereafter referred to as the EMPLOYER, and Local 4470, of the International Association of Fire Fighters, hereinafter referred to as the ASSOCIATION. ARTICLE 1 PURPOSE AND INTENT It is the purpose and intent of this AGREEMENT to: 1.1 Establish wages and other conditions of employment; 1.2 Establish procedures for the peaceful resolution of disputes concerning the Agreement?s interpretation and/or application; 1.3 Place in written form the parties? agreement upon terms and conditions of employment for the duration of this AGREEMENT; and 1.4 Specify the full and complete understanding of the parties. The EMPLOYER and the ASSOCIATION through this AGREEMENT, continue their dedication to the highest quality public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative, for the following classifications: Fire Captain ? EMT Fire Captain ? Paramedic Fire Marshal / Assistant Chief EMS Director /Assistant Chief 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 Association: 3.1International Association of Fire Fighters, Local 4470. Association Member: 3.2A Member in good standing of Local 4470, IAFF. 1 Agenda Item L1c Bargaining Unit Seniority: 3.3 Seniority as a Member of this Bargaining Unit. Continuous Service: 3.4 Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. Days: 3.5 Unless otherwise indicated, days mean calendar days. Emergency Call Back: 3.6Immediate 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. Employee: 3.7 A member of the international Association of Fire Fighters, Local 4470, covered by this AGREEMENT. Employer: 3.8 City of Maplewood, Minnesota. Job Class Seniority: 3.9 Employee?s length of continuous service in a job class. Layoff: 3.10 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. Leave of Absence: 3.11 An approved absence from work duty during a scheduled work period with or without compensation. Meal Break: 3.12 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. Probationary Period: 3.13 The first twelve (12) months of service of a newly hired or rehired Employee. Promotion: 3.14 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. Rest Break 3.15: 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. 2 Agenda Item L1c Scheduled Shift 3.16: A consecutive work period including rest breaks and a meal break. Strike: 3.18 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. Working Days: 3.19 A calendar day in which an Employee is regularly scheduled to work. 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 EMPLOYER as a result of any action taken or not taken by the EMPLOYER in accordance with the provisions of this Article. 3 Agenda Item L1c 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. 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 (10) working 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 seven (7) working 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 4 Agenda Item L1c 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 ten (10) working days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within ten (10) working 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 ten (10) working 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) calendar 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) calendar 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) calendar 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 ten (10) working 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 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 5 Agenda Item L1c 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) calendar 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 ASSOCIATION and the EMPLOYER agree to meet and confer to discuss possible accommodations for ?qualified? disabled Employees as the need arises, consistent with the intent of the American?s with Disabilities Act. 6 Agenda Item L1c ARTICLE VlII 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 7 Agenda Item L1c 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 8 Agenda Item L1c 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. 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. ARTICLE X INSURANCE Health/Dental Insurance 10.1? Where the EMPLOYER provides more than one choice of health insurance plan, the EMPLOYER will pay 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 least costly plan.The least costly plan for 2009 is the High Deductable Health Plan (hereafter the ?HDHP?) which in 2009 has a $2000 deductable for singles and a $4000 deductable for families. 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. Life Insurance 10.2 ? 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. 9 Agenda Item L1c Long-Term Disability Insurance 10.3 - 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. Short-Term Disability Insurance 10.4 ? 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. Retiree Health Savings Account 10.5 - 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. 10 Agenda Item L1c 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. EMERGENCY CALLOUT 12.4 - 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. SCHEDULED MEDICAL ONCALL 12.5 - If authorized by the EMPLOYER for scheduled medic oncall, employees will receive ¼ hour for each hour authorized to be oncall. 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. For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. EMERGENCY MEDICAL CALLOUT 12.7 - 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. 12.8 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. 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 11 Agenda Item L1c 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, 12.9 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies if necessary. 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 weeks notice is given for regular scheduled meetings, the minimum pay shall be 1 hour rather than 2 hours. 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): st 1. New Year?s Day January 1 rd 2. Martin Luther King?s Birthday 3 Monday in January rd 3. President?s Day 3 Monday in February 4. Memorial Day Last Monday in May th 5. Independence Day July 4 st 6. Labor Day 1 Monday in September th 7. Veteran?s Day November 11 th 8. Thanksgiving Day 4 Thursday in November th 9. Day after Thanksgiving 4 Friday in November th 10. Christmas Day December 25 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. 12 Agenda Item L1c 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 and books upon successful completion with a ?C? grade or better and seventy-five (75%) reimbursement of tuition and books upon completion with a ?B? grade or better 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. 14.2 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 of they voluntarily leave employment within twelve (12) months of reimbursement. 14.3 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. 13 Agenda Item L1c 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 be compensated according to the following schedule as amended by: Addendum C: A. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2009 FIRE CAPTAIN / EMT CAPT/PARAMEDIC Entry $ 2,136.10 bi weekly $ 2,235.14 bi weekly After 1 year $ 2,281.86 bi weekly $ 2,388.16 bi weekly After 2 years $ 2,437.65 bi weekly $ 2,551.38 bi weekly After 3 years $ 2,604.17 bi weekly $ 2,729.18 bi weekly After 5 years $ 2,678.67 bi weekly $ 2,803.88 bi weekly After 10 years $ 2,710.31 bi weekly $ 2,837.03 bi weekly After 15 years $ 2,741.97 bi weekly $ 2,870.18 bi weekly After 20 years $ 2,772.40 bi weekly $ 2,902.08 bi weekly 14 Agenda Item L1c FIRE MARSHALL / AC and EMS DIRECTOR Entry $ 75,711.90 per year After 1 year $ 79,497.50 per year After 2 years $ 81,041.14 per year After 3 years $ 83,472.37 per year After 5 years $ 92,028.28 per year After 10 years $ 93,413.18 per year After 15 years $ 95,281.45 per year After 20 years $ 97,187.08 per year Effective January 1, 2007 the existing Employees holding the positions of EMS Director and Fire Marshal/AC will be placed at the 2 year step with a onetime pay scale of $80,000 per year. Thereafter the Employees shall progress through the st listed steps and rates on January 1 of each year. B. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2010 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 bi weekly $ 2,627.92 bi weekly After 3 years $ 2,682.29 bi weekly $ 2,811.05 bi weekly After 5 years $ 2,759.03 bi weekly $ 2,888.00 bi weekly After 10 years $ 2,791.61 bi weekly $ 2,922.14 bi weekly After 15 years $ 2,824.22 bi weekly $ 2,956.28 bi weekly After 20 years $ 2,855.57 bi weekly $ 2,989.14 bi weekly FIRE MARSHALL / AC and EMS DIRECTOR Entry $ 77,983.26 per year After 1 year $ 81,882.42 per year After 2 years $ 83,472.37 per year After 3 years $ 85,976.54 per year After 5 years $ 94,328.99 per year After 10 years $ 95,748.51 per year 15 Agenda Item L1c After 15 years $ 97,663.49 per year After 20 years $ 99,616.76 per year The above rates will be increased by one hundred dollars ($100) per month, provided the Employee agrees to have the funds deposited in an approved deferred compensation plan (pro-rated for regular part-time employees). The EMPLOYER shall additionally deposit $ 25.00 per month into the plan if the Employee deposits $ 50.00 of the Employee?s own funds per month into the plan or the EMPLOYER shall additionally deposit $ 50.00 per month into the plan if the Employee deposits $ 100.00 of the Employee?s own funds per month into the plan. The maximum contribution the EMPLOYER will deposit into the deferred compensation plan per Employee per month is $ 150.00. 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 90 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 16 Agenda Item L1c 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 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 superseded. 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. ARTICLE XX DURATION 17 Agenda Item L1c st 20.1 This AGREEMENT shall be effective on the 1 of January 2009 and shall st remain in full force and effect through December 31, 2010. 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 ________________________, 2009. FOR THE CITY: FOR THE ASSOCIATION: _________________________ ___________________________ _________________________ ___________________________ _________________________ ___________________________ Addendum A 18 Agenda Item L1c RHS PLAN FOR FT FIREFIGHTERS Participant and benefit eligibility criteria: 1. Must be full-time employee, no minimum or maximum age and no years of service requirement. Benefits will be limited to insurance premiums 2.(health, dental, long-term care premiums, Medicare Part B, and Medicare supplements) and out-of- pocket expenses described as eligible by the IRS. The RHS plan will be funded by severance pay as follows: 3. 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. The RHS plan will be funded with annual deposits as follows: 4. All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 19 Agenda Item L1c Addendum B The City will also pay the cost of Employee (single) health coverage for the second and third least costly plans, (which in 2009 are either the option that restricts the scope of coverage to a more narrow choice of providers) ( the ?Elect/Essential? option) or the plan that provides for a $25.00 Co-pay and an 80/20 co-insurance feature with a $1200.00 cap for single and $3600.00 cap for family (hereafter the ?80/20?) . If the Employee chooses the most costly plan (in 2009 a continuation of the 2008 $25.00 Co-pay plan with no 80/20 co-insurance) (hereafter the ?Renewal?) the Employee will pay 50% of the increased cost in premiums for that plan and the City shall pay the remaining 50% of that increase. (See Example $1 below). For those Employees who choose the HDHP and elect single coverage, the City shall deposit $2,000.00 into a Health Reimbursement Account (?HRA?) for the Employee for the first year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the City shall deposit $3,350.00 into an HRA for the Employee for the first year the Employee participates in the HDHP. For the second year an Employee is in the HDHP, the City shall deposit $1700.00 into the HRA for those with single coverage and $2700.00 for those with family coverage and in the third year and every year thereafter, the City shall deposit $1400.00 into the HRA for those with single coverage and $2300.00 for those with family coverage. The chart below sets forth in more detail the exact amounts of the Employee and City contributions for 2009 and also sets forth additional details with regard to the payment and timing of City contributions. With regard to Employees who choose any plan except the lowest cost plan (the HDHP) and elect family coverage, the City shall pay as set forth below under family coverage for 2009 and thereafter shall split 50/50 any increase for such premiums for family coverage with the Employee paying 50% of such increase and the City paying the remaining 50% of such increase. In the event that the premium is reduced in 2010 from the previous year, the City contribution shall be decreased by such amount. Example #1: 2008 2009 2010 Premium $100 $110 $121 City pays $0 $105 $110.50 HDHP Annual* Contribution by the City towards the Employee?s deductable: Yr 1: $2,000.00 $3,350.00 Yr 2: $1,700.00 $2,700.00 Yr 3 and thereafter: $1,400.00 $2,300.00 * - The City shall make the above contributions in 3 equal payments to each Employee?s Health Reimbursement Account for each Employee who chooses the HDHP - 1/3 of the total contribution in mid-January; 1/3 of the total contribution in mid-May; and 1/3 of the total contribution in mid- September. 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 20 Agenda Item L1c resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. 21 Agenda Item L1c ADDENDUM C EMPLOYEES who, as of December 31, 2008 are paid less than Ninety Thousand Dollars ($90,000.00) per year shall receive the 3% pay increase as set forth in Article XVI. EMPLOYEES who, as of December 31, 2008 are paid Ninety Thousand Dollars ($90,000.00) to Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine cents ($99,999.99) shall receive a two point five percent (2.5 %) pay increase effective January 1, 2009 and EMPLOYEES who, as of December 31, 2009 are paid Ninety Thousand Dollars ($90,000.00) to Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine cents ($99,999.99) shall receive a two point five percent (2.5 %) pay increase effective January 1, 2010. EMPLOYEES receiving a 2.5% increase in 2009 as set forth above shall receive a one- time allocation payment equal to .5% of their 2009 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan EMPLOYEES receiving a 2.5% increase in 2010 as set forth above shall receive a one- time allocation payment equal to .5% of their 2010 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan Example: 2008 Salary $90,000.00 City Pays2009 2010 Salary $92,250.00 $94556.25 1 Allocation $ 461.25 $ 472.78 ALLOCATION PAYMENTS NOTED ABOVE SHALL SUNSET ON DECEMBER 31, 2010 1 Allocations will be divided into 26 equal payments, for example, the $461.25 would be made in 26 payments of $17.74 each contributed into theapproved State deferred compensation plan. 22 Agenda Item L1d LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD AND LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 153) January 1, 2009 - December 31, 2010 Agenda Item L1d TABLE OF CONTENTS ARTICLE SUBJECT PAGE I PURPOSE OF AGREEMENT 1 2 RECOGNITION 1 3 DEFINITIONS 1 4 EMPLOYER SECURITY 2 5 EMPLOYER AUTHORITY 3 6 UNION SECURITY 3 7 EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 3 8 SAVINGS CLAUSE 6 9 SENIORITY 6 10 DISCIPLINE 7 11 CONSTITUTIONAL PROTECTION 8 12 WORK SCHEDULES 8 13 WAGES 9 14 VACATIONS/ANNUAL LEAVE 11 15 SICK LEAVE 12 16 SEVERANCE PAY 13 17 FUNERAL LEAVE 13 18 HOLIDAYS 13 19 FALSE ARREST 14 20 OVERTIME 14 21 COURT TIME 15 22 CALL BACK TIME 15 23 WORKING OUT OF CLASSIFICATION 15 24 INSURANCE 15 25 STANDBY PAY 16 26 UNIFORMS 16 27 INJURY ON DUTY 17 Agenda Item L1d TABLE OF CONTENTS ? (Continued) ARTICLE SUBJECT PAGE 28 LONGEVITY AND EDUCATIONAL INCENTIVE 17 29 TUITION REIMBURSEMENT 18 30 FIELD TRAINING OFFICER 18 31 WAIVER 18 32 DURATION 19 APPENDIX B 20 Agenda Item L1d MASTER LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 153) ARTICLE 1 PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2009, between the CITY OF MAPLEWOOD, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES INC. hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2 RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under 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 UNION: Law Enforcement Labor Services Inc. 1 Agenda Item L1d 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. 3.6 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. 2 Agenda Item L1d ARTICLE 5 EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structures; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6 UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1Definition 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. 7.2Union 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. 3 Agenda Item L1d 7.3Processing 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. 7.4Procedure - 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 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 4 Agenda Item L1d 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.? 7.5Arbitrator'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. 7.6Waiver - 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. 7.7Choice 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, 5 Agenda Item L1d demotion, or discharge of an employee who has completed the required probationary period, the 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 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 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. 6 Agenda Item L1d 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. By October 1st of each year the EMPLOYER shall post for bid the shifts for the following calendar year. Employees shall finish their bidding for shifts by November 1st. Such shift bidding shall be implemented by January 1st. 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 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 31st. 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 31st, vacations shall be bid on a first-come, first-served basis. 9.7Master 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; 7 Agenda Item L1d 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. 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. 8 Agenda Item L1d 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 13.1WAGE RATES Effective January 1, 2009 (3% increase over 2008) Start......................................................................................70% of After 3 year Rate After 1 Year........................................................................80% of After 3 year Rate After 2 Years .....................................................................90% of After 3 year Rate Plus market adjustments to base pay of: After 3 years - $45 = $5483.69 After 4 years - $55 = $5493.69 After 8 years - $65 = $5503.69 After 12 years - $75 = $5513.69 The above wage rates will be increased by one hundred dollars ($100) per month, provided the employee agrees to have the funds deposited in an approved deferred compensation plan. For 2009 only, an additional $50.00 per month shall also be contributed by the City on a two to one basis in $25 increments should the employee contribute $50 for every $25 the City contributes up to an additional $50 maximum by the City. For 2010 only, in partial consideration of discontinuing the City?s additional contributions to deferred compensation beginning in 2010, 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, 2010, (3% increase over 2009) Start......................................................................................70% of After 3 year Rate After 1 Year........................................................................80% of After 3 year Rate After 2 Years .....................................................................90% of After 3 year Rate Plus market adjustments to base pay of: After 3 years - $50 = $5698.20 After 4 years - $50 = $5708.50 After 8 years - $50 = $5718.80 After 12 years - $50 = $5729.10 9 Agenda Item L1d 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 10 Agenda Item L1d 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 - 1-4 years of service 10 working days per year (80 hours) 5-11 years of service 15 working days per year (120 hours per year) 12-20 years of service 20 working days per year (160 hours per year) 21 years and thereafter 25 working days per year (200 hours per year) 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 (1-1/2) 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 11 Agenda Item L1d 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 (1-1/4) 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. 15.2Sick 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 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 12 Agenda Item L1d 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. 15.3Annual 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 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. 13 Agenda Item L1d 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 (1-1/2) 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. 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. 14 Agenda Item L1d 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. 20.7Voluntary 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 (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. 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 (1-1/2) 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 23 WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the significant duties, responsibilities and authority of a higher classification for ½ shift or more shall receive a 5% increase over their regular pay rate for the hours worked in the higher position. 15 Agenda Item L1d ARTICLE 24 INSURANCE Health Insurance ? Where the City provides more than one choice of health insurance plans, the EMPLOYER will pay 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 least costly plan. . The least costly plan for 2009 is the High Deductible Health Plan (hereafter the ?HDHP?) which in 2009 has a $2000 deductible for singles and a $4000 deductible for families. 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 Any changes that are presented at renewal will be discussed (and agreed by reference 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 UNION. 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. 16 Agenda Item L1d 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 during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular take-home pay and Worker's Compensation insurance and other disability 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. Employees shall receive no more than their regular take-home pay during the ninety (90) working days ARTICLE 28 LONGEVITY AND 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. 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. 17 Agenda Item L1d 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 one half (1/2) of the cost of tuition and books upon successful completion (C grade or pass) and 75% reimbursement of tuition and books upon completion with a "B" grade or better, during the term of this Agreement, for 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. The maximum reimbursement will be based on 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 if they voluntarily leave employment within twelve (12) months of reimbursement. 18 Agenda Item L1d 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. ARTICLE 31 WAIVER 31.1 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. 31.2 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. 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 19 Agenda Item L1d ARTICLE 32 DURATION This AGREEMENT shall be effective as of January 1, 2009, except as herein noted, and shall remain in full force and effect until the thirty-first day of December 2010. In witness whereof, the parties hereto have executed this AGREEMENT on this day of , 2008. FOR THE CITY OF MAPLEWOOD LAW ENFORCEMENT LABOR INC. SERVICES, ___________________________________ _____________________________ ___ City Manager Business Agent ___________________________________ _____________________________ ___ Human Resource Attorney Steward 20 Agenda Item L1d APPENDIX A The City will also pay the cost of Employee (single) health coverage for the second and third least costly plans, (which in 2009 are either the option that restricts the scope of coverage to a more narrow choice of providers) ( the ?Elect/Essential? option) or the plan that provides for a $25.00 Co-pay and an 80/20 co-insurance feature with a $1200.00 cap for single and $3600.00 cap for family (hereafter the ?80/20?) . If the Employee chooses the most costly plan (in 2009 a continuation of the 2008 $25.00 Co-pay plan with no 80/20 co-insurance) (hereafter the ?Renewal?) the Employee will pay 50% of the increased cost in premiums for that plan and the City shall pay the remaining 50% of that increase. (See Example 1 below). For those Employees who choose the HDHP and elect single coverage, the City shall deposit $2,000.00 into a Health Reimbursement Account (?HRA?) for the Employee for the first year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the City shall deposit $3,350.00 into an HRA for the Employee for the first year the Employee participates in the HDHP. For the second year an Employee is in the HDHP, the City shall deposit $1700.00 into the HRA for those with single coverage and $2700.00 for those with family coverage and in the third year and every year thereafter, the City shall deposit $1400.00 into the HRA for those with single coverage and $2300.00 for those with family coverage. The chart below sets forth in more detail the exact amounts of the Employee and City contributions for 2009 and also sets forth additional details with regard to the payment and timing of City contributions. With regard to Employees who choose any plan except the lowest cost plan (the HDHP) and elect family coverage, the City shall pay as set forth below under family coverage for 2009 and thereafter shall split 50/50 any increase for such premiums for family coverage with the Employee paying 50% of such increase and the City paying the remaining 50% of such increase. In the event that the premium is reduced from the previous year, the City contribution shall be decreased by such amount. Example 1: 2008 2009 2010 Premium $100 $110.00 $121.00 City pays $ 0 $105.00 $110,50 Employee pays $ 0 $ 5 $ 10.50 Health Plan SingleFamily EmployeeCity EmployeeCity Renewal $39.77 $570.14 $463.21 $1,032.56 80/20 $ 0.00 $568.44 $361.50 $1,032.56 Elect/Ess?l $ 0.00 $548.92 $353.64 $ 992.56 HDHP $ 0.00 $450.42 $282.38 $ 822.90 21 Agenda Item L1d HDHP Annual* Contribution by the City towards the Employee?s deductible: Yr 1: $2,000.00 $3,350.00 Yr 2: $1,700.00 $2,700.00 Yr 3 and thereafter: $1,400.00 $2,300.00 * - The City shall make the above contributions in 3 equal payments to each Employee?s Health Reimbursement Account for each Employee who chooses the HDHP - 1/3 of the total contribution in mid-January; 1/3 of the total contribution in mid-May; and 1/3 of the total contribution in mid-September. 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. 22 Agenda Item L1e LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD AND LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 173) SERGEANTS January 1, 2009 - December 31, 2010 Agenda Item L1e TABLE OF CONTENTS ARTICLE I PURPOSE OF AGREEMENT 1 2 RECOGNITION 1 3 DEFINITIONS 1 4 EMPLOYER SECURITY 2 5 EMPLOYER AUTHORITY 2 6 UNION SECURITY 2 7 EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 3 8 SAVINGS CLAUSE 6 9 SENIORITY 6 10 DISCIPLINE 6 11 CONSTITUTIONAL PROTECTION 7 12 WORK SCHEDULES 7 13 OVERTIME 8 14 COURT TIME 8 15 CALL BACK TIME 8 16 VACATIONS 9 17 HOLIDAYS 9 18 SICK LEAVE 10 19 SEVERANCE PAY 11 20 FUNERAL LEAVE 11 21 INJURY ON DUTY 11 22 INSURANCE 12 23 STANDBY PAY 12 Agenda Item L1e TABLE OF CONTENTS ? (Continued) 24 UNIFORMS 13 25 LONGEVITY AND EDUCATIONAL INCENTIVE 13 26 FALSE ARREST 13 27 WAIVER 14 28 DURATION 14 WAGE RATES APPENDIX A -16 DEFERRED COMPENSATION APPENDIX A -16 PARAMEDIC DIFFERENTIAL APPENDIX A -16 INVESTIGATIVE SERGEANT DIFFERENTIAL APPENDIX A -17 APPENDIX B 18 APPENDIX C 20 Agenda Item L1e ARTICLE 1 PURPOSE OF AGREEMENT This Agreement is entered into between the City of Maplewood, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement?s interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under 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). 1 Agenda Item L1e 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. 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 manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structures; 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. 2 Agenda Item L1e ARTICLE 6 UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 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. 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 3 Agenda Item L1e 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 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. 4 Agenda Item L1e 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 Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7 the 5 Agenda Item L1e 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 31st, vacations shall be bid on a first-come, first-served basis. 6 Agenda Item L1e 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. 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: 7 Agenda Item L1e 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. 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 (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the Employee for the three (3) hour minimum. 8 Agenda Item L1e 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 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 21 years and thereafter 25 working days per year 16.2 Employees shall be allowed to carry over a maximum of one and one-half (1- 1/2) times their annual earning rate into any succeeding year. st 16.3 On December 1 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. 9 Agenda Item L1e ARTICLE 17 HOLIDAYS 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 Martin Luther King's B-Day President's Day Veteran's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving 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 31st 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. 10 Agenda Item L1e 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. 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 (1/2) 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 11 Agenda Item L1e 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 ? Where the City provides more than one choice of health insurance providers, the Employer will pay the cost of the employee (single) health insurance premium, and 50% plus $45 toward the cost of the monthly dependent health coverage for the least costly plan. The least costly plan for 2009 is the High Deductable Health Plan (hereafter the ?HDHP?) which in 2009 has a $2000 deductable for singles and a $4000 deductable for families. 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. 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. 12 Agenda Item L1e 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 PAY 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 $720 per year for 2007 and 2008. 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 LONGEVITY AND 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 two percent (2%) of that Employees base pay. 13 Agenda Item L1e 25.1.2 After eight (8) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of four percent (4%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the two percent (2%) four (4) year step set forth above. Specifically, the four percent (4%) is calculated on the base pay which shall not include the aforementioned two percent (2%) increase. 25.2.1 The Employer agrees to pay fifty percent (50%) of the cost of tuition and books upon successful completion (C grade or pass) and seventy-five percent (75%) reimbursement of tuition and books upon completion with a "B" grade or better, during the term of this Agreement, for accredited course work at a 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. The maximum reimbursement will be based on the per-credit cost at the University of Minnesota. Employees may elect to attend a more expensive school provided the Employee pays the additional cost. 25.2.2 Employees must reimburse the Employer for any such reimbursement received if they leave employment within twelve (12) months of receivi9ng the 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 14 Agenda Item L1e 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. 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. ARTICLE 28 DURATION Except as herein provided, this Agreement shall be effective as of January 1, 2009, except as herein noted, and shall continue in full force and effect until December 31, 2010 and thereafter until modified or amended by mutual agreement of the parties. Either party st desiring to amend or modify this Agreement shall notify the other in writing by October 31 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,200__. FOR THE CITY OF MAPLEWOOD: FOR L.E.L.S. ________________________________ _____________________________ ________________________________ _____________________________ ________________________________ _____________________________ 15 Agenda Item L1e APPENDIX A 1 WAGE RATES Effective January 1, 2009 (3% increase) Start (includes a one time market adjustment of $25.00).............................$6,231.85 After 1 Year (includes a one time market adjustment of $28.00) ................6,428.75 After 2 Years (includes a one time market adjustment of $32.00) ..............6,626.69 After 3 Years Top Sergeant Pay (includes a one time market adjustment of $35.00)........................................................................................................6,823.58 Effective January 1, 2010 (3% increase(includes a one time market adjustment of $50.00)) Start..............................................................................................................$6,468.80 After 1 Year..................................................................................................6,671.61 After 2 Years ...............................................................................................6,875.49 After 3 Years Top Sergeant Pay..................................................................7,078.29 THE ABOVE 3% INCREASES ARE SUBJECT TO THE PRO RATA REDUCTION FOR HIGHLY COMPENSATED EMPLOYEES AS SET FORTH IN APPENDIX C. STEP INCREASES AND DIFFERENTIALS ARE INCLUDED FOR PURPOSES OF CALCULATING SUCH REDUCTIONS, BUT OVERTIME IS NOT INCLUDED. 2. DEFERRED COMPENSATION Effective January 1, 2009, the above wage rates will be increased by $100 per month, provided the Employee agrees to have the funds deposited in an approved deferred compensation plan. For 2009 only, the Employer shall additionally deposit $25.00 per month into the plan if the Employee deposits $50.00 of the Employee?s own funds per month into the plan or the Employer shall deposit an additional $50.00 per month into the plan if the Employee deposits $100.00 of the Employee?s own funds per month into the plan. The maximum contribution the Employer will deposit into the deferred compensation plan per Employee per month in 2009 is $125.00. The maximum contribution the Employer will deposit into the deferred compensation plan per Employee per month in 2010 and thereafter is the initial $100 per month as set forth in the first sentence above. 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. 16 Agenda Item L1e 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. 17 Agenda Item L1e APPENDIX B The City will also pay the cost of Employee (single) health coverage for the second and third least costly plans, (which in 2009 are either the option that restricts the scope of coverage to a more narrow choice of providers) ( the ?Elect/Essential? option) or the plan that provides for a $25.00 Co-pay and an 80/20 co-insurance feature with a $1200.00 cap for single and $3600.00 cap for family (hereafter the ?80/20?) . If the Employee chooses the most costly plan (in 2009 a continuation of the 2008 $25.00 Co-pay plan with no 80/20 co-insurance) (hereafter the ?Renewal?) the Employee will pay 50% of the increased cost in premiums for that plan and the City shall pay the remaining 50% of that increase. (See Example 1 below). For those Employees who choose the HDHP and elect single coverage, the City shall deposit $2,000.00 into a Health Reimbursement Account (?HRA?) for the Employee for the first year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the City shall deposit $3,350.00 into an HRA for the Employee for the first year the Employee participates in the HDHP. For the second year an Employee is in the HDHP, the City shall deposit $1700.00 into the HRA for those with single coverage and $2700.00 for those with family coverage and in the third year and every year thereafter, the City shall deposit $1400.00 into the HRA for those with single coverage and $2300.00 for those with family coverage. The chart below sets forth in more detail the exact amounts of the Employee and City contributions for 2009 and also sets forth additional details with regard to the payment and timing of City contributions. With regard to Employees who choose any plan except the lowest cost plan (the HDHP) and elect family coverage, the City shall pay as set forth below under family coverage for 2009 and thereafter shall split 50/50 any increase for such premiums for family coverage with the Employee paying 50% of such increase and the City paying the remaining 50% of such increase. In the event that the premium is reduced from the previous year, the City contribution shall be decreased by such amount. Example 1: 2008 2009 2010 Premium $100 $110.00 $121.00 City pays $ 0 $105.00 $110,50 Employee pays $ 0 $ 5 $ 10.50 Health Plan Single Family Employee City Employee City Renewal $39.77 $570.14 $463.21 $1,032.56 80/20 $ 0.00 $568.44 $361.50 $1,032.56 Elect/Ess?l $ 0.00 $548.92 $353.64 $ 992.56 18 Agenda Item L1e HDHP $ 0.00 $450.42 $282.38 $ 822.90 HDHP Annual* Contribution by the City towards the Employee?s deductable: Yr 1: $2,000.00 $3,350.00 Yr 2: $1,700.00 $2,700.00 Yr 3 and thereafter: $1,400.00 $2,300.00 * - The City shall make the above contributions in 3 equal payments to each Employee?s Health Reimbursement Account for each Employee who chooses the HDHP - 1/3 of the total contribution in mid-January; 1/3 of the total contribution in mid-May; and 1/3 of the total contribution in mid-September. 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. 19 Agenda Item L1e APPENDIX C EMPLOYEES who, as of December 31, 2008 are paid less than Ninety Thousand Dollars ($90,000.00) per year1 shall receive the 3% pay increase as set forth in Appendix A. EMPLOYEES who, as of December 31, 2008 are paid Ninety Thousand Dollars ($90,000.00) to Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine cents ($99,999.99) shall receive a two point five percent (2.5 %) pay increase effective January 1, 2009 and EMPLOYEES who, as of December 31, 2009 are paid Ninety Thousand Dollars ($90,000.00) to Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine cents ($99,999.99) shall receive a two point five percent (2.5 %) pay increase effective January 1, 2010. EMPLOYEES who, as of December 31, 2008 are paid One Hundred Thousand Dollars and above($100,000.00+) per year shall receive a two percent (2%) pay increase effective January 1, 2009 and EMPLOYEES who, as of December 31, 2009 are paid One Hundred Thousand Dollars and above($100,000.00+) per year shall receive a two percent (2%) pay increase effective January 1, 2010. EMPLOYEES receiving a 2.5% increase in 2009 as set forth above shall receive a one-time allocation payment equal to .5% of their 2009 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan EMPLOYEES receiving a 2.5% increase in 2010 as set forth above shall receive a one-time allocation payment equal to .5% of their 2010 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan EMPLOYEES receiving a 2% increase in 2009 as set forth above shall receive a one-time allocation payment equal to 1% of their 2009 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan EMPLOYEES receiving a 2% increase in 2010 as set forth above shall receive a one-time allocation payment equal to 1% of their 2010 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan Example: 2008 Wages $90,000.00 (including all steps and differentials but not including overtime) City Pays2009 2010 Wages $92,250.00 $94556.25 Allocation $ 461.25 $ 472.78 2 2008 Wages $100,000.00(including all steps and differentials but not including overtime) City Pays 2009 2010 Wages $102,000.00 $104,040.00 Allocation $ 1,020.00 $ 1,040.40 ALLOCATION PAYMENTS NOTED ABOVE SHALL SUNSET ON DECEMBER 31, 2010 For purposes of this Appendix pay includes all steps and differentials but does not include overtime) 1 Allocations will be divided into 26 equal payments, for example, the $461.25 would be made in 26 payments of $17.74 each approved State deferred compensation plan contributed into the. 20 Agenda Item L1f COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND MAPLEWOOD CONFIDENTIAL & SUPERVISORY ASSOCIATION January 1, 2009 through December 31, 2010 TABLE OF CONTENTS ARTICLE SUBJECT PAGE 1PURPOSE AND INTENT 1 2 RECOGNITION1 3 DEFINITIONS1 4 ASSOCIATION SECURITY2 5EMPLOYER SECURITY3 6EMPLOYER AUTHORITY3 7GRIEVANCE PROCEDURE/ARBITRATION3 8NONDISCRIMINATION5 9 SENIORITY6 10 WORK SCHEDULES 6 11MEAL AND REST PERIODS 8 12 OVERTIME8 13 PROBATIONARYPERIODS9 14JOB POSTING9 15DISCIPLINE9 16 DEMOTION10 17VACATION/ANNUAL LEAVE10 18 HOLIDAYS11 19SICK LEAVE12 20LEAVES OF ABSENCE13 21 SEVERANCEPAY15 22INJURY ON DUTY15 23INSURANCE16 24 CLOTHING AND EQUIPMENT18 25TRAVEL AND MEAL ALLOWANCE18 26PERSONNEL FILE19 27TUITION REIMBURSEMENT19 28LEGAL DEFENSE 20 29 REQUIREDLICENSES20 30 WAGESCHEDULE20 31SAVINGS CLAUSE 21 32 DURATION21 APPENDIX A 2007/2008 INCUMBENT SALARY SCHEDULE23 APPENDIX B 2007/2008 NEW HIRE/TRANSFER SALARY SCHEDULE 24 APPENDIX C ANNUAL LEAVE PROGRAM 25 APPENDIX D HEALTH INSURANCE 28 APPENDIX E COST OF LIVING ADJUSTMENTS 29 AGREEMENT This AGREEMENT entered into between the City of Maplewood, Minnesota, a municipal corporation, hereinafter referred to as the EMPLOYER, and the Maplewood Confidential & Supervisory Association, hereinafter referred to as the ASSOCIATION. ARTICLE 1 PURPOSE AND INTENT It is the purpose and intent of this AGREEMENT to: 1.1Establish certain hours, wages and other conditions of employment; 1.2Establish procedures for the equitable and peaceful resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3Specify the full and complete understanding of the parties; and 1.4Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the ASSOCIATION, 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 2.1The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, forAll 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. 2.1.1If the position of Assistant City Manager is created and/or filled during the term of this Agreement the parties agree that this position shall be excluded for the life of this Agreement. 2.2In 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 3 DEFINITIONS 3.1ASSOCIATION: City of Maplewood Confidential & Supervisory Association. 3.2EMPLOYER: The City of Maplewood, Minnesota. 1 3.3DEPARTMENT 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. 3.4EMPLOYEE:A member in good standing of the Confidential and Supervisory Association, covered by this AGREEMENT . 3.5SENIORITY: Employee's length of continuous service with the EMPLOYER. 3.6CONTINUOUS SERVICE: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.7GRIEVANCE: A dispute or disagreement as to the interpretation or application of the terms and conditions of this AGREEMENT. 3.8REGULAR 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. 3.9REGULAR 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). 3.10JOB 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. 3.12NON-EXEMPT: Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4 ASSOCIATION SECURITY In recognition of the ASSOCIATION 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 ASSOCIATION from the wages of all Employees covered by this AGREMEENT. 4.2 Association Dues - Deduct an amount sufficient to provide the payment of dues established by the ASSOCIATION 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 ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. 2 4.3Fair 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 Association 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 ASSOCIATION for posting of proper notices and bulletins at each location where Employees are regularly scheduled. 4.5 Association Stewards - The ASSOCIATION 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 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. 4.6 Hold Harmless - The ASSOCIATION 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. 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. ARTICLE 6 EMPLOYER AUTHORITY 6.1The 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 budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. ARTICLE 7 GRIEVANCE PROCEDURE/ARBITRATION 7.1For 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 3 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 grievance procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 7.2Processing of a Grievance - 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 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 hasdetermined 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 Association 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 ASSOCIATION 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 requested. The Group Manager shall 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 to the City Manager within ten (10) calendar days after the Group Manager?s response is due. The City Manager will respond to the ASSOCIATION in writing within ten (10) calendar days. 4 Step 4. 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 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 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) 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. 7.4The 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. 7.5The 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. 7.7If 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. 7.8Should 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 unit without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. 5 ARTICLE 9 SENIORITY 9.1 Determining 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 ASSOCIATION, 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 10.1Normal 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. 6 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. 10.3Unusual 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 than eight (8) hours; however, each Employee has an obligation to work overtime if requested unless unusual circumstances prevent him/her from doing so. 10.4Saturday/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. 10.5Permanent 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. 7 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 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 (1-1/2) 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 (1-1/2) 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. 12.3No 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 8 PROBATIONARY PERIODS 13.1 Probationary Period - New Employees - All newly hired or rehired Employees will serve a one (1) year probationary period. At any timeduring 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. 13.3At 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 14.1Promotion From Within - The EMPLOYER and the ASSOCIATION 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 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 15.1The 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) writtenreprimand; c) suspension; d) demotion; or e) discharge. 9 15.2At 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 / 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 ServiceAnnual 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. 17.2Maximum 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 1st and will be on the basis of one (1) hour of vacation for one (1) hour of 10 deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 17.4 Annual Leave ? EMPLOYER and the ASSOCIATION 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. 17.5Full-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 11th 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. 17.6Annual 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 1New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day 11 First Monday in September Labor Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving December 25 Christmas Day 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 19.1Use of Sick Leave - A full-time Employee hired before May 5, 2001 shall accumulate sick leave at a rate of one and one-quarter (1-1/4) 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. 19.2Sick 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 12 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. 19.3Sick 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 (1/2) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one-half (1/2) 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. 19.4Conversion 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. 20.2Jury 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. 13 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 willbe 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, 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. 14 Employees shall be eligible for FMLA in accordance with Federal Law. ARTICLE 21 SEVERANCE PAY 21.1All 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). 21.2Employees 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 (1/2) 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. 21.3If 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. 15 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 ? Where the EMPLOYER provides more than one choice of health insurance plan, the EMPLOYER will pay the cost of Employee (single) health insurance premium and fifty percent (50%) plus forty-five dollars ($45) toward the cost of the monthly dependent health insurance premium for the least costly provider. The least costly plan for 2009 is the High Deductible Health Plan (hereafter the ?HDHP?). 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 lower cost health insurance plan 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. 16 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. 23.5Long-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. 23.6Short-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. 23.8Retiree 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, long-term care premiums, Medicare Part B, and Medicare supplements). 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. 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. 17 D. The RHS plan will be funded with annual deposits as follows: 1.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 240hours 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 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). 25.3Take 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 only in situations where such use constitutes a benefit to the City, including 18 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 expenses of $33 per day will be allowed without receipts being required. Meal allowances up to a maximum of $50 per any 24-hour period shall be reimbursed if receipts accompany the request for meal reimbursement. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the following amounts: $9.00 ? Breakfast; $12.00 ? Lunch; $22.00 ? Dinner. 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 (C grade), seventy-five percent (75%) reimbursement of tuition and books upon completion with a "B" grade, and one hundred percent (100%) reimbursement of tuition and books upon completion with an "A" grade during the term of this AGREEMENT, for accredited course work which is determined by the EMPLOYER to be job related. Courses taken ?pass/fail? will be reimbursed at the same percentage as a C grade (if passed). 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. 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 19 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. ARTICLE 29 REQUIRED LICENSES 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 30.1Cost of Living: EMPLOYER shall pay a 3% increase effective January 1, 2009 for all Employees except as set forth in Appendix E attached hereto and incorporated herein. EMPLOYER shall also pay a 3% increase effective January 1, 2010 for all Employees except as set forth in Appendix E attached hereto and incorporated herein. These cost of living increases have already been included within the salary ranges set forth in Appendices A and B. 30.2 Deferred Compensation: The EMPLOYER will contribute to each full-time Employee an amount equal to three percent (3%) of their regular salary to be deposited into an approved State 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 an approved State 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 Association 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). Except as set forth in Appendix E, these salary ranges have been adjusted by 3% for 2009 and 3% for 2010 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 Association after November 1, 2007, EMPLOYER shall pay newly hire/transferred Employees as specified in Appendix B attached hereto and incorporated herein.See Appendix B?New Hires and Transferred Employees. 30. 5 Anniversary increasesEmployees (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 20 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. The following is a chart for parameters for determining pay increases. If current salary is: Increase can be: Bottom of Range:Up to 5% 25% - 50% of Range:Up to 4.5% 50% - 75% of Range:Up to 4% Top 25% of Range: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 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 32 DURATION This AGREEMENT shall be effective as of January 1, 2009, and shall remain in full force and effect through the thirty-first (31st) day of December 2010. 21 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of, 20. FOR THE CITY: FOR THE ASSOCIATION: ___________________________________ ___________________________________ Mayor Dave Kvam - President ___________________________________ ___________________________________ City Manager Terrie Rameaux ? Vice President ______________________________________________________________________ Human Resources Nick Franzen - Secretary 22 APPENDIX A CONFIDENTIAL & SUPERVISORY ASSOCIATION ANNUAL SALARY RANGES Current Incumbents 2009 & 2010 20092010 MinimumMaximumMinimumMaximum Assistant City Engineer 72,49293,47374,66795,810 Assistant Finance Director 73,43097,28675,63399,718 Citizen Services Director/City Clerk 85,390106,64187,952108,774 Community & Park Development Director Finance Director 84,573113,74687,110116,021 Fire Chief 83,598112,59986,106114,851 GIS Analyst49,64365,70851,13267,679 Human Resource Coordinator 55,95874,28757,63776,515 IT Director 70,65693,27272,77695,604 IT/Network Analyst49,12564,98150,59966,930 IT Technician 43,69957,80345,01059,537 Payroll Coordinator 47,13362,97848,54764,868 Police Chief 97,715120,995100,158123,415 Police Lieutenant 85,325100,00987,885102,009 Sanitary Sewer/Fleet Mgmt. Superintendent68,03688,00370,07790,643 Senior Administrative Assistant 44,73257,12146,07458,834 Street Maintenance Superintendent68,03688,00370,07790,643 23 APPENDIX B CONFIDENTIAL & SUPERVISORY ASSOCIATION ANNUAL SALARY RANGES New Hires and Transferred Employees after November 1, 2007 20092010 MinimumMaximumMinimumMaximum Assistant City Engineer 69,17589,62871,25092,316 Assistant Finance Director 69,24192,18671,31894,491 Citizen Services Director/City Clerk 85,390106,64187,952108,774 Community & Park Development Director Finance Director 84,573113,74687,110116,021 Fire Chief 81,120109,26583,553111,451 GIS Analyst49,64365,70851,13267,679 Human Resource Coordinator 55,18273,25456,83875,451 IT Director 68,77291,19070,83593,470 IT/Network Analyst48,81264,55850,27666,495 IT Technician 43,69957,80345,01059,537 Payroll Coordinator 47,13362,97848,54764,868 Police Chief 96,618119,64499,033122,037 Police Lieutenant 82,92297,19585,410100,110 Sanitary Sewer/Fleet Mgmt. Superintendent68,03688,00370,07790,643 Senior Administrative Assistant 44,73257,12146,07458,834 Street Maintenance Superintendent68,03688,00370,07790,643 24 APPENDIX C 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.) 25 D. Accrual Rates - Years ofServiceAnnual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days 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 three (3) consecutive days. If an employee knows they will be out for more than three (3) 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 three (3) days, they will use annual leave. If the medical condition extends beyond the three (3) 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. 26 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. 27 APPENDIX D The City will also pay the cost of Employee (single) health coverage for the second and third least costly plans, (which in 2009 are either the option that restricts the scope of coverage to a more narrow choice of providers) (the ?Elect/Essential? option) or the plan that provides for a $25.00 Co-pay and an 80/20 co-insurance feature with a $1,200.00 cap for single and $3,600.00 cap for family (hereafter the ?80/20?) . If the Employee chooses the most costly plan (in 2009 a continuation of the 2008 $25.00 Co-pay plan with no 80/20 co- insurance) (hereafter the ?Renewal?) the Employee will pay 50% of the increased cost in premiums for that plan and the City shall pay the remaining 50% of that increase. (See Example #1 below). For those Employees who choose the HDHP and elect single coverage, the City shall deposit $2,000.00 into a Health Reimbursement Account (?HRA?) for the Employee for the first year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the City shall deposit $3,350.00 into an HRA for the Employee for the first year the Employee participates in the HDHP. For the second year an Employee is in the HDHP, the City shall deposit $1,700.00 into the HRA for those with single coverage and $2,700.00 for those with family coverage and in the third year and every year thereafter, the City shall deposit $1,400.00 into the HRA for those with single coverage and $2,300.00 for those with family coverage. The chart below sets forth in more detail the exact amounts of the Employee and City contributions for 2009 and also sets forth additional details with regard to the payment and timing of City contributions. With regard to Employees who choose any plan except the lowest cost plan (the HDHP) and elect family coverage, the City shall pay as set forth below under family coverage for 2009 and thereafter shall split 50/50 any increase for such premiums for family coverage with the Employee paying 50% of such increase and the City paying the remaining 50% of such increase. In the event that the premium is reduced in 2010 from the previous year, the City contribution shall be decreased by such amount. Example #1: 2008 2009 2010 Premium $100 $110 $121 City pays $0 $105 $110.50 HDHP Annual* Contribution by the City towards the Employee?s deductible: Yr 1: $2,000.00 $3,350.00 Yr 2: $1,700.00 $2,700.00 Yr 3andthereafter: $1,400.00 $2,300.00 * The City shall make the above contributions in 3 equal payments to each Employee?s Health Reimbursement Account for each Employee who chooses the HDHP - 1/3 of the total contribution in mid-January; 1/3 of the total contribution in mid-May; and 1/3 of the total contribution in mid-September. 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 Resource 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. 28 APPENDIX E EMPLOYEES who, as of December 31, 2008, are paid less than Ninety Thousand Dollars ($90,000.00) per year shall receive the 3% pay increase as set forth in Article 30. EMPLOYEES who, as of December 31, 2008, are paid Ninety Thousand Dollars ($90,000.00) to Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine cents ($99,999.99) shall receive a two point five percent (2.5 %) pay increase effective January 1, 2009 and EMPLOYEES who, as of December 31, 2009, are paid Ninety Thousand Dollars ($90,000.00) to Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine cents ($99,999.99) shall receive a two point five percent (2.5 %) pay increase effective January 1, 2010. EMPLOYEES who, as of December 31, 2008, are paid One Hundred Thousand Dollars and above($100,000.00+) per year shall receive a two percent (2%) pay increase effective January 1, 2009 and EMPLOYEES who, as of December 31, 2009, are paid One Hundred Thousand Dollars and above($100,000.00+) per year shall receive a two percent (2%) pay increase effective January 1, 2010. EMPLOYEES receiving a 2.5% increase in 2009 as set forth above shall receive a one-time allocation payment equal to .5% of their 2009 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan. EMPLOYEES receiving a 2.5% increase in 2010 as set forth above shall receive a one-time allocation payment equal to .5% of their 2010 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan. EMPLOYEES receiving a 2% increase in 2009 as set forth above shall receive a one-time allocation payment equal to 1% of their 2009 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan. EMPLOYEES receiving a 2% increase in 2010 as set forth above shall receive a one-time allocation payment equal to 1% of their 2010 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan Example: 2008 Salary $90,000.00? City Pays2009 2010 Salary $92,250.00 $94,556.25 1 Allocation $ 461.25 $ 472.78 2008 Salary $100,000.00? City Pays20092010 Salary $102,000.00 $104,040.00 Allocation$ 1,020.00 $ 1,040.40 ALLOCATION PAYMENTS NOTED ABOVE SHALL SUNSET ON DECEMBER 31, 2010. ____________________________________ 1 Allocations will be divided into 26 equal payments, for example, the $461.25 would be made in 26 payments of $17.74 each contributed into the approved State deferred compensation plan. All allocations provided herein are made in addition to deferred compensation payments already provided for in Article 30.2 above. 29 Agenda Item L1g 2009-2010 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND THE METRO SUPERVISORY ASSOCIATION Agenda Item L1g TABLE OF CONTENTS ARTICLE SUBJECT PAGE 1 PURPOSE 1 2 RECOGNITION 1 3 DEFINITIONS 1 4 ASSOCIATION SECURITY 2 5 EMPLOYER SECURITY 3 6 EMPLOYER AUTHORITY 3 7 WORK SCHEDULES 3 8 MEAL AND REST PERIODS 3 9 PROBATIONARY PERIODS 4 10 SENIORITY 4 11 JOB POSTING 4 12 DISCIPLINE 5 13 GRIEVANCE PROCEDURE/ARBITRATION 5 14 VACATION/ANNUAL LEAVE 6 15 HOLIDAYS 7 16 SICK LEAVE 8 17 LEAVES OF ABSENCE 9 18 INJURY ON DUTY 9 19 INSURANCE 10 20 UNIFORMS 12 21 TRAVEL AND MEAL ALLOWANCE 12 22 PERSONNEL FILE 12 23 NONDISCRIMINATION 12 24 EDUCATION 12 25 LEGAL DEFENSE 13 26 WAGE SCHEDULE 13 27 SAVINGS CLAUSE 13 28 DURATION 14 APPENDIX A INSURANCE 16 APPENDIX B 2009 & 2010 SALARY RANGES 17 APPENDIX C 18 Agenda Item L1g ARTICLE 1 PURPOSE OF AGREEMENT This Agreement is entered into between the City of Maplewood, hereinafter called Employer, and Metro Supervisory Association, hereinafter called Association. 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 Association, 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 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 Supervisor Assistant Building Official Building Official Chief Building Engineer Citizen Services Supervisor Fitness & Operations Director Fitness Coordinator Lead Naturalist Member Services Supervisor Natural Resources Coordinator Park Maintenance Foreman Recreation Coordinator Recreation Program Supervisor I Parks Manager 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 association as set forth in Article 2 of this Agreement employed by the City of Maplewood. 1 Agenda Item L1g 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. 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 Association 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. 2 Agenda Item L1g 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. ARTICLE 6 EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 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 two (2) 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. 3 Agenda Item L1g 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 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. 4 Agenda Item L1g 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 PROCEDURE/ARBITRATION 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 5 provisions of the Agreement allegedly violated, and the remedy requested, by the Association Agenda Item L1g 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 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). 6 Agenda Item L1g 14.2 At year-end, Employees shall not carry over more than one and one-half (1-1/2) 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. 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 Annual Accrual Rates st 1 through 4th years of service 19 days (152 hours per year) th through 11th years of service 24 days (192 hours per year) 5 th 12 through 20th years of service 29 days (232 hours per year) After 20 years of service 34 days (272 hours per year) 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 HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day First Monday in September Labor Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving December 25 Christmas Day 15.2 Exempt Employees shall receive time off at their regular rate of pay for all hours {up to eight (8) hours} 7 worked on a holiday, in addition to the compensation provided in section15.1. These hours will be Agenda Item L1g 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 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 8 accumulated forty-five (45) days or more of sick leave, as provided above. The conversion shall be made Agenda Item L1g 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 (1/2) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one-half (1/2) shall be forfeited by the Employee to the Employer at the time of conversion. 16.3 On December 31st 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 OF ABSENCE 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. 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, or contracting an illness, from service for the Employer and who are incapable of performing their duties shall receive pay equal to their regular take-home pay during the period of incapacity without loss of sick leave or annual leave for a period not exceeding ninety (90) working days per injury, subject to the following conditions: a. To receive the benefits of this Article for a period exceeding seven (7) days, said injury or illness must be determined to be eligible for payment in compliance with worker's compensation regulations. 9 Agenda Item L1g b. To be eligible for the benefits of this Article for a period of seven (7) days or fewer, the Employer must determine the injury occurred "on-the-job.? c. To be eligible for the benefits of this Article, a written report of such injury must be filed with the Employer within twenty-four (24) hours of said injury. d. If an Employee receives the benefits allowed by this Article, all salary related benefit income (such as worker's compensation, disability payments, etc.) must be given to the Employer. e. The recipient of the benefits of this Article must submit proof they have made reasonable efforts to secure all salary related injury benefits available to them. f. Benefits allowed by this Article shall provide Employees their current pay rate only and shall not include allowances for overtime or other pay g. The Employer may require, at the Employer?s expense, a reasonable number of physical examinations, by a physician of the Employer?s choice, at reasonable times. h. The Employer?s physician shall determine when the Employee is able to return to work. i. This Article does not apply to the death of an Employee. j. The Employee will continue to be paid at the Employee?s current pay rate until the "on-the-job" status of an injury has been determined, if said injury appears to have occurred ?on-the-job". However, if it is found 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, then the time off will be deducted from the future pay of the Employee. k. In the event vacation time has been 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 deducted from the vacation or annual leave time. l. Time available under this Article shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. m. This Article shall not be applicable if such job related injury is determined to be the result of intentional negligence on the part of the injured Employee. ARTICLE 19 INSURANCE 19.1 Where the Employer offers more than one choice of health insurance plans, the Employer will pay the cost of Employee (single) health coverage and fifty percent (50%) plus $45 toward the cost of the monthly dependent health coverage for the least costly plan. The least costly plan is the High Deductible Health Plan (hereafter the ?HDHP?). Additionally, all newly hired Employees shall 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 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 10 Agenda Item L1g of Employee (single) coverage for the lowest cost health insurance plan (the 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 purchasedependent 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: 1. 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.) b. All Employees will have the cash value of all personal holiday hours, unused as of December 31st 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. 11 Agenda Item L1g 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, Mark Maruska and Douglas Taubman) 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 2008 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, 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 Meal reimbursements will be paid in accordance with the Employer-approved travel/meal policy listed in the Maplewood personnel policies manual. 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 unit without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Association 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. 12 Agenda Item L1g ARTICLE 24 EDUCATION During the term of this Agreement, for accredited course work at the high school, vocational, undergraduate, or graduate college level which is determined by the Employer to be job related, the Employer agrees to pay the following toward the cost of tuition and books upon a successful completion of a course: ?C? grade or ?pass? Employer will pay fifty-percent (50%); ?B? grade Employer will pay seventy-five percent (75%); ?A? grade Employer will pay one hundred percent (100%). All course work covered by this Article shall be taken during non-working hours. 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 WAGE SCHEDULE except as set forth in Appendix A general wage increase of three percent (3.0%) effective January 1 2009 C attached hereto and incorporated herein except and three percent (3.0%) effective January 1, 2010, as set forth in Appendix C attached hereto and incorporated herein shall be provided to all positions represented by the Association, Salary Ranges ? (See Appendices B for 2009 and 2010 salary ranges.) 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. 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, the Employer will contribute to each full-time Employee an amount equal to three percent (3%) of their regular salary to be deposited into a deferred compensation account. 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. 13 Agenda Item L1g ARTICLE 27 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 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 28 DURATION This AGREEMENT shall be effective as of January 1, 2009, and shall remain in full force and effect until the thirty-first (31st) day of December 2010. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 20 . FOR THE CITY: FOR THE ASSOCIATION: ___________________________________ ___________________________________ Mayor ___________________________________ ___________________________________ City Manager ___________________________________ ___________________________________ Labor Relations Attorney 14 Agenda Item L1g APPENDIX A The City will also pay the cost of Employee (single) health coverage for the second and third least costly plans, (which in 2009 are either the option that restricts the scope of coverage to a more narrow choice of providers) ( the ?Elect/Essential? option) or the plan that provides for a $25.00 Co-pay and an 80/20 co-insurance feature with a $1200.00 cap for single and $3600.00 cap for family (hereafter the ?80/20?) . If the Employee chooses the most costly plan (in 2009 a continuation of the 2008 $25.00 Co-pay plan with no 80/20 co-insurance) (hereafter the ?Renewal?) the Employee will pay 50% of the increased cost in premiums for that plan from the previous year and the City shall pay the remaining 50% of that increase. For those Employees who choose the HDHP and elect single coverage, the City shall deposit $2,000.00 into a Health Reimbursement Account (?HRA?) for the Employee for the first year the Employee participates in the HDHP. For those Employees who choose the HDHP and elect family coverage, the City shall deposit $3,350.00 into an HRA for the Employee for the first year the Employee participates in the HDHP. For the second year an Employee is in the HDHP, the City shall deposit $1700.00 into the HRA for those with single coverage and $2700.00 for those with family coverage and in the third year and every year thereafter, the City shall deposit $1400.00 into the HRA for those with single coverage and $2300.00 for those with family coverage. The chart below sets forth in more detail the exact amounts of the Employee and City contributions for 2009 and also sets forth additional details with regard to the payment and timing of City contributions. With regard to Employees who choose any plan except the lowest cost plan (the HDHP) and elect family coverage, the City shall pay as set forth below under family coverage for 2009 and thereafter shall split 50/50 any increase for such premiums for family coverage with the Employee paying 50% of such increase and the City paying the remaining 50% of such increase. In the event that the premium is reduced from the previous year, the City contribution shall be decreased by such amount. Health Plan Single Family Employee City Employee City Renewal $39.77 $570.14 $463.21 $1,032.56 80/20 $ 0.00 $568.44 $361.50 $1,032.56 Elect/Ess?l $ 0.00 $548.92 $353.64 $ 992.56 HDHP $ 0.00 $450.42 $282.38 $ 822.90 HDHP Annual* Contribution by the City towards the Employee?s deductible: Yr 1: $2,000.00 $3,350.00 Yr 2: $1,700.00 $2,700.00 Yr 3 and thereafter: $1,400.00 $2,300.00 * - The City shall make the above contributions in 3 equal payments to each Employee?s Health Reimbursement Account for each Employee who chooses the HDHP - 1/3 of the total contribution in mid-January; 1/3 of the total contribution in mid-May; and 1/3 of the total contribution in mid-September. 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 Agenda Item L1g APPENDIX B with with 3% 2009 Salary 2010 Salary 3% increas RangesRanges increas e e STEPSTEP STEP 1 STEP 7 17 $19.0 Activities Coordinator $18.48 $24.78 Activities Coordinator $25.52 3 Aquatic Prog Aquatic Prog $23.4 $22.75 $30.49 $31.40 Supervisor Supervisor 3 $29.0 Asst Building Official $28.24 $37.84 Asst Building Official $38.97 8 $34.3 Building Official Building Official $33.39 $44.75 $46.09 9 Chief Building Chief Building $28.8 $27.98 $37.50 $38.62 EngineerEngineer 1 Citizens Services Citizens Services $27.1 $26.36 $35.32 $36.37 Supervisor Supervisor 5 $19.0 Fitness Coordinator $18.48 $24.78 $25.52 Fitness Coordinator 3 $23.7 Lead Naturalist Lead Naturalist $23.05 $30.90 $31.82 4 Member Services Member Services $19.0 $18.48 $24.78 $25.52 Supervisor Supervisor 3 Natural Resources Natural Resources $29.0 $28.24 $37.84 $38.97 Coordinator Coordinator 8 $28.8 Park Maint Foreman Park Maint Foreman $27.98 $37.50 $38.62 1 Fitness & Operations Fitness & Operations $27.6 $26.88 $36.02 $37.10 Director Director 8 Recreation Program Recreation Program $21.4522.75 $28.7530.49 Supervisor I Supervisor I Recreation Program Recreation Program $23.4 SupervisorCoordinato $21.45 $28.75 $31.40 SupervisorCoordinator 3 r Recreation $22.0 SuperintendantRec $23.60 $31.62 Rec Program Supr II $29.61 9 Program Supr ll Senior Planner Senior Planner $31.6533.58 $42.425.00 $34.5 $46.35 8 16 Agenda Item L1g APPENDIX C EMPLOYEES who, as of December 31, 2008 are paid less than Ninety Thousand Dollars ($90,000.00) per year shall receive the 3% pay increase as set forth in Article 30. EMPLOYEES who, as of December 31, 2008 are paid Ninety Thousand Dollars ($90,000.00) to Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine cents ($99,999.99) shall receive a two point five percent (2.5 %) pay increase effective January 1, 2009 and EMPLOYEES who, as of December 31, 2009 are paid Ninety Thousand Dollars ($90,000.00) to Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine cents ($99,999.99) shall receive a two point five percent (2.5 %) pay increase effective January 1, 2010. EMPLOYEES who, as of December 31, 2008 are paid One Hundred Thousand Dollars and above($100,000.00+) per year shall receive a two percent (2%) pay increase effective January 1, 2009 and EMPLOYEES who, as of December 31, 2009 are paid One Hundred Thousand Dollars and above($100,000.00+) per year shall receive a two percent (2%) pay increase effective January 1, 2010. EMPLOYEES receiving a 2.5% increase in 2009 as set forth above shall receive a one-time allocation payment equal to .5% of their 2009 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan EMPLOYEES receiving a 2.5% increase in 2010 as set forth above shall receive a one-time allocation payment equal to .5% of their 2010 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan EMPLOYEES receiving a 2% increase in 2009 as set forth above shall receive a one-time allocation payment equal to 1% of their 2009 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan EMPLOYEES receiving a 2% increase in 2010 as set forth above shall receive a one-time allocation payment equal to 1% of their 2010 annual salary to be divided into 26 equal payments and deposited into their approved State deferred compensation plan Example: 2008 Salary $90,000.00 City Pays2009 2010 Salary $92,250.00 $94556.25 1 Allocation $ 461.25 $ 472.78 2008 Salary $100,000.00 City Pays 2009 2010 Salary $102,000.00 $104,040.00 Allocation $ 1,020.00 $ 1,040.40 ALLOCATION PAYMENTS NOTED ABOVE SHALL SUNSET ON DECEMBER 31, 2010 Allocations will be divided into 26 equal payments, for example, the $461.25 would be made in 26 payments of $17.74 each contributed into the 17 approved State deferred compensation plan .