HomeMy WebLinkAboutResolution 8693 RESOLUTION NO. 8693
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH LAW
ENFORCEMENT LABOR SERVICES LOCAL 204 REGARDING HOLIDAY HOURS
WHEREAS, the City of Mounds View entered into a labor agreement with Law
Enforcement Labor Services (LELS) representing patrol officers and investigators (Local
204), valid from 2014 through the end of 2016; and,
WHEREAS, the Labor Agreement, in Article 24, articulates the observed holidays
and the number of total holiday hours (104 hours) but does not address how the hours are
to be paid or used; and,
WHEREAS, the past practice in the department is that the officers are provided a
bank of holiday hours which are then used similar to vacation time, with the goal of using
twenty-five percent of the banked hours each quarter; and,
WHEREAS, the past practice has been that any holiday hours unused at year's end
are forfeited, and, that any holiday hours accrued during field training may be used after
successfully completing field training, however, there is no past practice to guide the City
for holiday hours that cannot be used due to an officer being in field training; and,
WHEREAS, Officer Sarah David will be unable to use holiday hours accrued in 2016
due to being in field training, thus the City and the Union prepared a Memorandum of
Understanding to address the situation.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does
hereby approve the attached Memorandum of Understanding to address Officer David's
accrued but unused 2016 holiday hours.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT the holiday hours shall be
paid out to Officer David upon successful completion of the field training program, at her
then current hourly rate.
NOW, THEREFORE BE IT FINALLY RESOLVED THAT the Memorandum of
Understanding shall not constitute a past practice and shall apply only to the one person in
this one specific circumstance.
Adopted this 3rd day of January 2017.
4141
Carol Mueller, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
MEMORANDUM OF UNDERSTANDING
WHEREAS, Law Enforcement Labor Services, Inc. Local No. 204 ("LELS") and the
City of Mounds View ("City") are parties to the Labor Agreement effective from January 1,
2014 through December 31, 2016 ("Labor Agreement"); and
WHEREAS, Sarah David was employed by the City commencing on December 5, 2016,
and is currently involved in her field training as a newly hired patrol officer with the City; and
WHEREAS, Sarah David will accrue 24 hours of holiday pay in December, which she
will not be able to use prior to the end of the year and which would be forfeited under the terms
of the Labor Agreement; and
WHEREAS, LELS and the City have agreed and duly approved a one-time exception to
the accrual and use of holiday pay under the Labor Agreement exclusively with regard to Sarah
David.
NOW, THEREFORE, LELS and the City agree as follows:
1. Sarah David shall be paid a lump sum amount by the City representing 24 hours
of accrued but unused holiday pay from 2016 upon successful completion of her field training.
2. This Memorandum of Understanding shall automatically expire upon the
successful completion of Sarah David's field training or the termination of her employment with
the City, whichever occurs first. The City will not be obligated to pay Ms. David her accrued
holiday pay under this Memorandum of Understanding if she does not successfully complete her
field training.
3. This Memorandum of Understanding does not constitute a precedent or past
practice, nor shall it affect the interpretation of the Labor Agreement or the City's policies.
Date: LAW ENFORCEMENT LABOR
SERVICES, INC., LOCAL NO. 204
By
Its
Date: EMPLOYEE
Officer Sarah David
Date: CITY OF MOUNDS VIEW
Mayor Carol Mueller
James Ericson, City Administrator