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HomeMy WebLinkAboutOld [04c] Labor AgreementUry OF %"r. JOSEPH MEETING DATE: January 6, 2011 Council Agenda Item 4 C AGENDA ITEM: Labor Agreement — Requested Action: Authorize the Mayor and Administrator to execute a three year labor agreement with LELS for the years 2011— 2013. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The proposed contract includes the capping of medical insurance cost for the next three years. In exchange for capping the insurance, LELS members will receive the following COLA's: 2011— 2%; 2012 3%; 2013 (Jan) —1.5% and 2013 (Jul) 1.5%. In addition to the insurance and COLA, uniform allowance will be increased $ 25 per officer per year, sick leave banking will be increased to 960 hours with the payout beyond 720 hours tied to longevity of 20 and 25 years. BUDGET/FISCAL IMPACT: Reduction in Sick Lieave Payout (16,611.91) Wage increase (3 years) 46,397.24 Insurance increase Uniform increase 375.00 30,160.33 Three year impact is $ 30,160.33 ATTACHMENTS: Request for Council Action .................................... 4(c):1-2 LELS Labor Contract ................................................ 4(c):3-20 REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Labor Agreement between the City of St. Joseph and Law Enforcement Labor Services for the contract period January 1, 2011 through December 31, 2013. 4(c): 1 THIS PAGE INTENTIONALLY LEFT BLANK 4(c):2 ARTICLE 1 PURPOSE OF THE AGREEMENT This agreement is entered into between the City of St. Joseph, hereinafter called the "Employer", and the Law Enforcement Labor Services, Inc. hereinafter called the "LELS". It is the intent and purpose of the Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation add/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 LELS as the exclusive representative under Minnesota Statues, Section 179A.03, Subdivision 8, for all employers of the St. Joseph Police Department who work more than fourteen (14) hours per week or 67 days per year, excluding the Chief of Police and all other non -police Employees of the City of St. Joseph. ARTICLE 3 DEFINITIONS 3.1 LELS: Law Enforcement Labor Services, Inc. 3.2 LELS Member: A member of the St. Joseph Police Department as described in Paragraph 2.1. 3.3 Employee: A member of the exclusively recognized bargaining unit. 3.4 Regular Employee: Employee who has completed the introductory period. 3.5 Introductory Employee: Employee who has not yet completed the introductory period. 3.6 Department: The City of St. Joseph Police Department. 3.7 Employer: The City of St. Joseph. 3.8 Chief: Police Chief, City of St. Joseph 3.9 Scheduled Shift: A continuous work period including two fifteen (15) minute paid rest breaks and a one-half (1/2) hour paid lunch break. ARTICLE 4 EMPLOYER AUTHORITY 4.1 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 4(c):3 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 and inherent managerial functions not specifically limited by this Agreement. ARTICLE 5 EMPLOYEE SECURITY 5.1 LELS may designate employees from the bargaining unit to act as steward and alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 5.2 There shall be no discrimination, by the Employer or LELS against any employee because of, race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, age or non -membership in LELS. 5.3 For such employees as authorize it in writing, the Employer shall deduct from the first pay of each month an amount equal to the regular monthly LELS dues and shall remit such monies to the Treasurer of LELS. 5.4 The Employer and LELS recognize the provision of Minnesota Statutes 471.44 regarding the furnishing of a counsel to defend Officers in certain circumstances arising from the performance of their official duties, for action brought by citizens. ARTICLE 6 GRIEVANCE PROCEDURE 6.1 DEFINITION OF GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union will notify the EMPLOYER in writing of the names of such Union Representatives and of the successors. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the Union and EMPLOYER the processing of grievances is limited by the job duties and responsibilities of the employees and will therefore be accomplished during normal working hours when consistent with such employees' 4(c):4 duties and responsibilities. The aggrieved employee and the Union Representative will be released from work, without loss of pay, to investigate a grievance and to attend meetings or hearings pursuant to this Article provided the employee and the Union Representative have notified and received the approval of the EMPLOYER who has determined such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in a conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement will, within twenty-one (21) calendar days .after such alleged violation has occurred, present such grievance to the Police Chief. The Chief will discuss and give 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 violate, and the remedy requested, and will be appealed to Step 2 within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance will be presented by the Union and discussed with the City Administrator. The City Administrator will give an answer to the Step 2 grievance in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) days following the City Administrator's Step 2 answer. 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 Council. The City Council will give an answer to such Step 3 grievance in writing within (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 Council's final answer in Step 3. 4(c):S Any grievance not appealed in writing in Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3A. A grievance unresolved in Step 3, may, by mutual agreement of the parties be submitted to mediation through the Bureau of Mediation Services. A submission to mediation preserves the time lines for filing. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 will be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator will be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 6.5 ARBITRATOR'S AUTHORITY A. The Arbitrator will have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the Union, and will have no authority to make a decision on any other issue not so submitted. B. The arbitrator will be without power to make decisions contrary to or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision will be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree in writing to an extension. The decision will be binding on both the Employer and the Union and will be based solely on the arbitrator's interpretation or application of the express terms of this contract and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings will be borne equally by the Employer and the Union provided that each party will be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, 4(c):6 providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at the 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. ARTICLE 7 HOURS OF WORK 7.1 The Employer shall be the sole authority in determining the work schedules. 7.2 The normal work day shall consist of ten (10) hours. The Employer may change the normal work day to eight (8) hour days be a 4/5`" vote of the City Council after consulting with and receiving a recommendation from the Chief of Police. The Employer shall provide LELS with sixty (60) days written notice prior to implementing any change in the work day, unless LELS agrees to shorter notice or the change is necessitated by an emergency. 7.3 The normal work year shall consist of 2080 hours. 7.4 Work schedules shall be posted one (1) week in advance, subject to change due to emergency circumstances. Trading of shifts will be allowed if approved by the Chief. Any department initiated changes less than one (1) week in advance after posting will be paid at the overtime rate. 7.5 "Emergency" circumstances relate solely to health and safety issues. 7.6 Shifts will be rotated insofar as practical except where some other arrangement mutually has been agreed upon. 7.7 So far as possible, Employees shall receive an equal number of Sundays and Holidays off each year. ARTICLE 8 OVERTIME AND PREMIUM PAY 4(c):7 8.1 All work in excess of ten (10) hours per day or work beyond the normal scheduled work time shall be paid for one and one-half (1 1/2) times the Employee's regular straight time rate of pay. 8.2 So far as possible, Employees shall receive approximately the same amount of scheduled overtime in any one year. 8.3 An employee called back to duty during his/her off-duty hours shall receive a minimum of two (2) hours at time and one half. 8.4 Employees called in for court appearances during an off duty day or vacation day shall receive a minimum of two (2) hours pay at time and one-half. 8.5 If an employee is scheduled for a court appearance and the matter is canceled twenty- four (24) hours before the schedule appearance the employee shall be compensated two (2) hours of pay. The compensation will be paid at one at one half (1'/:) times the employee's regular straight time hourly rate of pay. 8.6 Overtime work performed which is compensated for by time and one half time off, in lieu of overtime shall be called compensatory time. It may be taken in hourly or half hour increments. Employees may accumulate up to 80 hours of compensatory time and carry forward to the next calendar year forty (40) hours. 8.7 For purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE 9 HOLIDAYS 9.1 The following twelve days shall be paid holidays for regular Employees: New Years Day January 1s` Martin Luther King 3`d Monday in January President's Day 3`d Monday in February Good Friday 1/2 day and Y day floating Memorial Day Last Monday in May Independence Day July 4`h Labor Day 1st Monday in September Veteran's Day November 11`h Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4 t Friday in November Christmas Eve December 24`h Christmas Day December 25`h 4(c):8 9.2 Regular Employees who work on a paid holiday shall receive some other day off with pay. Probationary Employees who work on a holiday shall receive another day off. However, that day must be used before the end of the probationary period or the hours are forfeited. An Employee is considered to have worked on a holiday only if the Employee's shift commenced on a holiday regardless of when the shift ended. Should a paid holiday occur during an Employee's scheduled day off, the Employee shall receive some other day off with pay. If the Employee fails to take another day off prior to June 1st (for holidays failing on or between December 1st and May 31st) or December 1st (for holidays failing on or between June ist and November 30th), the Employee shall be compensated for the holiday at the regular rate of pay in exchange for the day off. In addition, full time employees shall be paid at a rate of time and one half for all hours worked on the following holidays: New Years Day, Martin Luther King Day, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve, Christmas Day, President's Day. 9.3 Each regular employee shall receive a Personal Holiday to be used at the discretion of the employee upon approval of the immediate supervisor. The Personal Holiday hours may not be taken in increments and will be equal to the hours worked on a typical work day. Personal Holiday hours not used before December 31 of any calendar year shall be forfeited. The Personal Holiday cannot be used if the employee has unused holiday hours from the schedule listed above. ARTICLE 10 VACATIONS Full time employees are eligible for paid vacation. An employee is not eligible to use paid vacation during their first six months of employment. Vacation accrues from the first day of employment. 10.1 Regular full time Employees shall earn vacation benefits as follows: a.) Vacation hours will be credited each pay period. b.) One full year of service equals 40 hours earned. C.) Two full years through four full years of service, 80 hours are earned per year. d.) Five full years through nine full years of service, 120 hours are earned per year. 4(c):9 e.) Ten full years through fourteen full years of service, 160 hours are earned per year. f.) Fifteen full years and every year thereafter, 200 hours are earned per year. 10.2 Employees leaving employment in good standing after giving proper notice of termination shall be compensated for vacation leave earned and unused to the date of separation. 10.3 Employees are allowed to carry forward to the next calendar year a maximum of one hundred (100) hours. All unused vacation time in excess of 100 hours shall be forfeited. 10.4 No Employee may waive vacation leave in order to receive double pay. An Employee who works on a day when he or she is also taking vacation leave shall not receive overtime pay for the hours worked, unless actually working more than ten (10) hours. 10.5 Vacation preferences shall be designated by March 30, and seniority shall govern in cases of conflict. Officers shall schedule at least eighty (80%) of their vacation time by May 1" of each year. 10.6 An Employee deprived of vacation or any part thereof due to an emergency, shall be compensated in cash for the vacation time lost, or be allowed the vacation time taken at a later date on approval of the Employer, at the Employer's discretion. ARTICLE 11 SICK LEAVE Full time employees are eligible to earn sick leave. An employee is not eligible to use sick leave during their first six months of employment. Sick leave accrues from the first day of employment. 11.1 Sick Leave with pay shall be earned by each regular full time employee on a basis of eight (8) hours for each month of service. 11.2 Sick leave may be accumulated up to a maximum of seven nine hundred and twenty sixty (720960) hours. When an officer hired prior to January 1, 2002 has reached the maximum accumulation of sick days, s/he will be paid for eight hours each month that sick leave is earned and not used. When an Officer hired after January 1, 2002 has reached the maximum accumulation of sick days, s/he will be paid four hours worked each month that sick time is earned but not used. 11.3 Upon retirement or termination in good standing Tgemployees shall be compensated for unused sick leave based on the following table: 4(c):10 0 — 3 years Employee shall not receive compensation for unused accumulated sick leave. 4 — 9 years Employee shall receive 50% of their unused accumulated sick leave. 11-19 years Employee shall receive 100% of their unused accumulated sick leave up to 720 hours. 20 — 24 years Employee shall receive 100% of their unused accumulated sick leave up to 840 hours. 25_years + Employee shall receive 100% of their unused accumulated sick leave up to 960 hours. Separation payment for unused sick leave will be paid in accordance with section 21.3 of this agreement. 11.4 Sick leave may be granted only for absence from duty due to personal illness, legal quarantine, or death or serious illness in the employee's immediate family, and what amount of sick leave that may be used for death in the immediate family, and what constitutes "immediate family" shall be a spouse, child, parent, or sibling living in their home. 11.5 Certification by a physician may be required in any request for sick leave, according to the City Personnel Policy. 11.6 In order for an eligible Employee to receive sick leave, the employee must report prior to Scheduled work to the Chief the reason for a proposed absence from duty and keep the Chief informed of his condition of the absence if it is for more than three (3) days. 11.7 Claiming sick leave when physically fit except as provided by this Article may be cause for disciplinary action, including suspension, demotion or dismissal. 11.8 Funeral Leave: An employee shall be granted five (5) days leave with pay in the event of a death in the immediate family (spouse, children, father, mother, legal guardian, brothers and sisters) and three (3) days leave with pay for the funeral of a mother-in-law, father-in-law, grandmother or grandfather. In the event of unusual circumstances, sick leave may be taken in addition to funeral leave on approval of the Police Chief/City Administrator. 4(c):11 11.9 Military Leave: Every Employee to whom Minnesota Statutes Section 192.26 or 192.261 applies is entitled to the benefits afforded by those sections. The state laws giving 15 working days leave per year to National Guard and Reserve personnel for training or when called into active duty is mandatory and applies to every city whether or not included in the ordinance. The section is included simply to make city officers and employees aware of the fact that the state law applies. ARTICLE 12 INSURANCE High Dedwetible ealendaF yeaR Health 20011 c; --I- Plan 100 (HSA). FeF this plan 2,000 and Family $ 4,00(). the CRY YOM 0 ef the The Gity will depGsit eRe half e pay k. empleyee paying 0 The FmpleyeF With pay 0 pay 0 dependants. 12..1 The Employer shall provide health and dental insurance to full time regular employees The health insurance offered shall contain Major Medical Medial Health Care Coverage and Dependents Health Care Coverage. 12.2 Health Insurance. The Employer will provide a High Deductible Health Plan (HSA) with the maximum employer contribution, to both the premium and deductible based on the following table: Family Coverage YEAR PREMIUM DEDUCTIBLE 2011 $ 958.40/mo $ 4,000.00/year 2012 $ 958.40/mo $ 4 000 00/year 2013 $ 958.40/mo $ 4,000.00/year 4(c):12 Single Coverage YEAR PREMIUM DEDUCTIBLE 2011 $ 294.40 $ 2,000.00/yr 2012 $ 294.40 S 2,000.00/yr 2013 $294.40 $ 2,000.00/yr In conjunction with the first pay period of the calendar year, the City will deposit one half (1/2) of the employer deduction contribution to each employee's individual HSA account. The second one half (1/2) of the City's contribution shall be deposited into each employee's individual HSA account on the pay period closest to July 1 of each calendar year. 12.3 Dental Insurance. The Emplover will pay 80% of the dental insurance premium and the employee shall pay 20% of the premium for regular full time employees their spouse and their dependents. 4"12.41-ife Insurance. The Employer shall provide regular full time employees with term Life Insurance with death benefits in the amount of at least $25,000. ARTICLE 13 INTRODUCTORY PERIOD, SENIORITY, AND RESIGNATION 13.1 All newly sworn police officers shall serve a one (1) year introductory period upon completion of basic training, and all other Officers with one year full time previous experience in the State of Minnesota shall serve a six (6) month introductory period. During their introductory period, employees may be terminated at the sole discretion of the Employer. 13.2 Upon completion of the introductory period, employees shall become regular Employees within the meaning of this Agreement and shall have seniority dating from the beginning date of their continuous employment. 13.3 In the event of a layoff or recall, seniority shall govern provided: that no regular Employee shall be laid off while introductory employees are employed. 13.4 The Employee shall provide at least fourteen (14) calendar day's written notice of an intent to resign, specifying the termination date, and reason for resignation. Failure to provide such notice may mean a loss of termination benefits due under this Agreement. An unauthorized leave of more than three (3) working days shall be deemed to be a resignation without notice. 4(c):13 ARTICLE 14 DISCIPLINE 14.1 The Employer will discipline employees for just cause only. Discipline shall be in one of the following forms: a.) oral reprimand b.) written reprimand C.) suspension d.) demotion, or e.) discharge 14.2 Suspensions, demotions and discharges will be in written form. 14.3 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 LELS shall receive a copy of such reprimands and/or notices. 14.4 Employees may examine their own individual personnel files at reasonable times under the supervision of the Employer. 14.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have an LELS representative present at such a meeting. 14.6 Grievances relating to this Article and involving suspension, demotion or discharge shall be initiated by LELS in Step 2 of the Grievance Procedure, under Article 6. ARTICLE 15 WAGES 15.1 All Employees shall be paid in accordance with Schedule "A" attached hereto and made a part of this Agreement. 15.2 Differential pay will be applied to regularly scheduled work hours from 5:00 PM through 7:00 AM. (Not to include overtime hours). It is payable in multiples of one hours, scheduled between 5:00 PM and 7:00 AM of the next day. The rate shall be as follows: 2009 $.65 per hour 15.3 The designated Field Training Officer (FTO) shall receive one hour of comp time for each shift they function as FTO1 15.4 An employee promoted to sergeant shall move to the sergeant pay scale with a minimum wage increase of 5%. ARTICLE 16 LONGEVITY 4(c):14 16.1 All Officers hired prior to January 1, 2002 shall receive a longevity payment of $20.00 per full year of service. 16.2 Officers receiving longevity pay shall receive payment in December of each year. ARTICLE 17 UNIFORMS 17.1 All new Employees shall be provided with an initial proper uniform, provided that any employee terminated during her/her introductory period shall return all uniform items, leather, and weapons to the Employer. The City shall provide the following basic uniform for new personnel: Patrol Basic Clothing issue: One cap each -summer and winter style Two pair of shoes One jacket One overcoat Three shirts each -summer and winter style Three pants each -summer and winter style One pair gloves Two ties 17.2 As a uniform allowance, the Employer shall make direct payment to approved vendors for uniform items purchased by the Employee. The uniform expenses paid by the Employer per year for each officer shall not exceed the following amounts: 2099—$625 2011 $ 750 2012 $ 775 2013 $ 800 Any uniform purchases in excess of the above stated amounts shall be an expense of the employee. 17.3 Officers shall be allowed to use up to one-half of the uniform allowance for dry cleaning services. The St. Joseph Laundromat shall be the designated vendor and the City will establish an account so that the City is billed directly for the cleaning. Dry cleaning services are limited to approved police apparel. 17.4 The uniform allowance provided in section 17.2 must be used to purchase items listed in Attachment B of this agreement. 17.3 The Employer shall designate at least two approved vendors, based upon the recommendation of LELS. New employees shall not accrue uniform allowance until completion of their six (6) month introductory period. Upon completion of their 4(c):15 introductory period, new officers shall be entitled to a uniform allowance prorated for the remainder of the calendar year in which the introductory period ends. 17.5 Officers shall be allowed to carry forward a total of $100 of unused uniform allowance from one calendar year to the next. 17.6 The Employer shall cover all costs on glasses damaged or destroyed in the line of duty. 17.7 The Employer shall pay up to twenty-five (25) dollars for repair or replacement of watches in the line of duty. ARTICLE 18 WEAPONS 18.1 The employer shall furnish each officer with up to two boxes of ammunition (100 rounds) per month for practice. The officer shall sign a receipt indicating that they have received the ammunition for target practice. Each Officer shall be issued four targets for each one hundred rounds of ammunition. All targets shall be returned on July 1 and January 1 of each calendar year. 18.2 The employer shall furnish each officer with the required duty ammunition once per year. ARTICLE 19 LICENSES 19.1 The Employer shall pay annually the POST license for all full time regular employees. ARTICLE 20 RETIREMENT CONTRIBUTIONS 20.1 The Employer shall contribute to PERA for each employee as required by Minnesota Statute; the Employees shall contribute as required by Minnesota Statute. 20.2 The Employer shall make a deferred compensation program available to all Officers. The Employer will not contribute to the program. ARTICLE 21 POST RETIREMENT HEALTH CARE SAVINGS 21.1 Establishment of VEBA. The Employer will establish an Employer-sponsored Post Retirement Health Care Savings Plan (HCSP) as provided for in the Laws of MN 2001, Chapter 352.98, for participation of regular full time employees. 21.2 Severance Pay. Upon severance through retirement or termination of employment the employee shall be entitled to 10096 of their allowable accumulated sick leave and vacation hours for severance purposes. Payment 4(c):16 shall be determined on the basis of the employee's rate of pay in the last pay period prior to severance. 21.3 Contribution — Unused Sick Leave. Within sixty (60) days of the effective date of severance, the Employer shall deposit into the individual HCSP account 100% of the accumulated, unused sick leave. Employees will not be entitled to receive this amount in the form of taxable cash compensation. 21.4 Contribution — Unused Vacation. Within sixty (60) days of the effective date of severance, the Employer shall deposit into the individual HCSP account 100% of the accumulated, unused vacation hours. Employees will not be entitled to receive this amount in the form of taxable cash compensation 21.5 Administrative Fee. Annual investment fee charges and administrative fees to administer the Plan are deducted from the employee HCSP Account. ARTICLE 22 POLICE POLICY AND PROCEDURE MANUAL AND EMPLOYEE MANUAL 22.1 Where the Collective Bargaining Agreement conflicts with the Employee manual, the Collective Bargaining Agreement shall govern. Otherwise, the Police Officers shall be subject to the terms and conditions of the Employee Manual. The Police Officers shall also be subject to the policies and procedures set forth in the Police Policy and Procedure Manual. Where the terms of the Police Policy and Procedure Manual conflicts with either the Collective Bargaining Agreement or the Employee Manual, the Collective Bargaining Contract and the Employee Manual shall govern. ARTICLE 23 WAIVER 23.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and condition of employment to the extent inconsistent with the provision of the Agreement, are hereby superseded. 23.2 All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for its specified term. The Employer and the Association agree that only upon written consent of both parties may this agreement be opened during its life for 4(c):17 purposes of negotiations on terms or conditions of employment covered by this Agreement or those not specifically referred to or covered by this Agreement. ARTICLE 24 SAVINGS CLAUSE 24.1 The Agreement is subject to the laws of the United States, the State of Minnesota and the City of St. Joseph. In the event any provision of this Agreement shall be held contrary to law by court of competent jurisdiction form, whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. ARTICLE 25 DURATION 25.1 This Agreement shall be in effect from January 1, 2989 2011 to December 31, 2999 2013 and shall remain in effect from year to year thereafter unless either party gives written notice 90 day prior to any anniversary date of its desire to amend or terminate the agreement. IN WITNESS WHEREOF the parties hereto have set there hands and seals this day of .29892011. CITY OF ST. JOSEPH By: By: Dale Wick . Acting Mayor Judy Weyrens, Administrator LAW ENFORCEMENT LABOR SERVICES By: By: Nick Wetschka, Business Agent Dwight Pfannenstein, Union Steward 4(c):18 2011 Wage Scale Summary 2% COLA Increase Step i Step 2 Step 3 Step 4 Step S Step 6 Step 7 Step 8 7 Sergeant 307.30 45,256.52 F40,099.19 47,292.87 49,420.82 51,644.82 53,969.36 56,397.79 58,935.68 6 Police Officer 41,903.19 43,788.74 45,759.18 47,817.87 49,969.28 52,217.86 54,568.09 Step i Step 2 Step 3 Step 4 Step S Step 6 Step 7 Step 8 7 Sergeant 20.82 21.76 22.74 23.76 24.83 25.95 27.11 28.33 6 Police Officer 19.28 20.15 21.05 22.00 22.99 24.02 25.10 26.23 2012 Wage Scale Summary 3% COLA Inerease Step i Step 2 Step 3 I Step 4 Step 5 Step 6 Step 7' Step 8 7 Sergeant 44,606.52 46,614.22 48,711.66: 50,903.44 53,194.17 55,588.44 58,089.72 1 60,703.75 6 Police Officer 41,302.16 43,160.29 45,102.40 47,131.96 49,252.41 51,468.35 53,784.40 ' 56,205.14 Step i Step 2 Step 3 Step 4 Step S Step 6 l Step 7 ' Step 8 7'Sergeant 21.45 22.41 ' 23.42 24.47 25.57 26.73 ! 27.93 29.18 6 Police Officer 19.86 20.75 2168: 22.66 23.68 24.74 1 25.86 i i 27.02 j 2013 Wage Scale Summary 1.5% COLA Increase January Jure 2013 1 r- 1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 f Step 7 Step 8 7 Sergeant 45,275.62 47,313.43 49,442.33 51,666•99 53,99208 56,422.27 58,961.071 61,614.31 6 Police Officer 41,921.70 43,807.69 45,778.94 47,838.94 49,991_20 52,240_38 154,591.16 57,048.21 Step 1 tep 2 Ste 3 Step 4 Step 5 Step 6 i Step 7 Ste 8 7 Sergeant 21.77 L_. 22.75 ' 23.77 24.84 25.96 27.13 28.35 ! 29.62 6 ' Police Officer 20.1_5 21.06 22.01 23.00 24.03 2_5.12 26.25 27.43 2013 Wage Scale Summary - } --_ - � ------ 1.5% COLA Increase July - december 2013 Step 1 Step 2 Step 3 Step 4 Step S Step 6 Step 7 j Step 8 7�Sergeant 45,954 75 48,023.13 50,183.97 52,442.00 54,801.96 57,268.60 59,845.48 62,538.52 b Police Officer 42,550-52 44,464.81 46,465 62 48,55652 50,74105 53,023.98 55,410 03 57,903.94 Step i Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 i Step 8 7 Sergeant _ __.22.09 23.09. 24.13 25.21 26.35 27.53 28.77 * 30.07 6 Police Officer 20.46 21.38 22.34 _ 23.34 _-23. 24.39 _ '_ 25.49 , 26.64 -.--_ _ 27.84 4(c):19 Attachment "B" Uniform Allowance The following is a list of uniforms items, which can be purchased with the uniform allowance, provided each officer by the City of St. Joseph. Once purchased these items become the property of the Officer. All uniform purchases must be accompanied with a purchase order signed by the Police Chief. Long & Short Sleeve Shirts Summer and Winter pants Uniform Turtleneck Summer/Winter/Dress Hat Ties & Tie Clasp Black Shoes/Boots Bullet Proof vest cover Winter/Spring/Fall Coats Gloves Bike Patrol Officers — Uniforms/gear Protective Glasses — not to exceed 25% of annual allowance Mini Belt type Flashlight/holder/bulbs/batteries/chargers Weapon Light and holder 2"d Set of Handcuffs Duty Belt / Inner Belt Belt/Key Keeper Shoe & leather polish, inserts, laces Raid type jacket or jump suit Rain Gear I.D. & Badge holder Name tag/collar brass/rank insignia Brief Case/organizer/clip board Plain Clothes Holster Knife/seat belt cutter/multi-tool Pens/refill City Apparel — based on the City contract (limited to $ 50 annually) 4(c):20