HomeMy WebLinkAboutAgenda Packets - 2012/03/26
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, March 26, 2012
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give
your full name and address for the minutes. Also, please limit your comments to three
minutes.
6. SPECIAL ORDER OF BUSINESS
A. Mounds View School District 621 – Superintendent Hoverman
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing, Introduction and First Reading of Ordinance 870,
Amending City Code Chapters 514 and 1106 to Allow Massage Therapy as a Home
Occupation
B. Public Hearing, a Public Hearing to Appeal a Ruling on a Solicitor License Denial
C. Second Reading and Adoption of Ordinance 869, an Amendment to Zoning Code
Chapter 1121 about Accessing Detached Parking Areas (ROLL CALL VOTE)
D. Resolution 7919, Appointing Jerry Skelly as the 2011 Citizen of the Year
E. Resolution 7917 Approving a Three-Year Labor Agreement with LELS 232 Effective
from January 1, 2011 through December 31, 2013
F. Resolution 7918 Approving a Three-Year Labor Agreement with LELS 204 Effective
from January 1, 2011 through December 31, 2013
8. CONSENT AGENDA
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES - NONE
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
March 26, 2012, City Council Minutes
Page 2
12. Next Council Work Session: Monday, April 2, 2012, at 7pm
Next Council Meeting: Monday, April 9, 2012, at 7pm
13. ADJOURNMENT
Item No: 07A
Meeting Date: March 26, 2012
Type of Business: Public Hearing
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing, Introduction and First Reading of Ordinance
870, a Code Amendment to Allow Therapeutic Massage as a
Home Occupation
Introduction:
At a City Council meeting in October, a resident asked the Council whether they would be
willing to amend the City Code to be more permissive toward allowance of “massage therapy”
as a home based business in Mounds View. The City Council then discussed the idea at their
November work session. The City Council supports amending the City Code, and asked the
Planning Commission to take on how this should be accomplished.
Discussion:
Massage Therapy is a licensed business activity in Mounds View. The regulations pertaining
to massage therapy can be found in Chapter 514 of the Mounds City Code, originally adopted
in 1996 via Ordinance 583. There are many licensing and zoning requirements associated
with such a business and they are expressly permitted only in the B2, B3 & B4 commercial
business zoning districts. Such a use is not permitted in a residential zone or as a home-
based business, as indicated in Section 514.10, Subd. 2, regarding locations ineligible for a
therapeutic massage license. This clause reads, “A therapeutic massage enterprise may not
be licensed if the location of such enterprise is not in conformance with Title 1100 of the
Mounds View Municipal Code.”
The Planning Commission discussed several options about how to amend the City Code to
allow massage therapy as a home based business. The Commission finally agreed that the
only additional requirement should be approval from the property owner if the massage
therapist is not the property owner of the home where they live and will conduct the business.
Since there are no requirements for any other type of home occupations, the Commission felt
that massage therapy should not be singled out. The Planning Commission voted 5-0 on
Wednesday, March 21, 2012 to recommend approval of the language in Ordinance 870.
Recommendation:
Review Ordinance 870 with the proposed City Code amendments, take testimony from staff
and hold the public hearing.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Ordinance 870
ORDINANCE 870
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, CHAPTER 514 AND TITLE 1100,
CHAPTER 1106 OF THE MOUNDS VIEW CITY CODE TO ALLOW MASSAGE
THERAPY AS A HOME OCCUPATION
The City of Mounds View ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 514,
Section 514.06, Subd. 1a of the Mounds View City Code pertaining to “License
Application” by deleting the stricken language and adding the underlined text as
follows:
514.06: LICENSE APPLICATION:
Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic
massage enterprise license must contain the following information:
a. For all applicants:
(7) Written consent of property owner, if applicant is NOT the property owner.
(8) Other information that the City Council may require.
SECTION 2. The City Council of the City of Mounds View hereby amends Chapter 514,
Section 514.10, Subd. 2 of the Mounds View City Code pertaining to “Locations
Ineligible for Therapeutic Massage Enterprise License” by deleting the stricken
language and adding the underlined text as follows:
514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE
ENTERPRISE LICENSE
Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if
the location of such enterprise is not in conformance with Title 1100 of the
Mounds View Municipal Code.1
1 See also Section 1106.03.
Ordinance 870
Page 2
SECTION 3. The City Council of the City of Mounds View hereby amends Chapter
1106, Section 1106.03 of the Mounds View Zoning Code pertaining to “Accessory Uses”
by deleting the stricken language and adding the underlined text as follows:
1106.03: ACCESSORY USES:
Subd. 3. Home Occupations: The regulation of home occupations within residential
structures is intended to ensure that the occupational use is clearly
accessory or secondary to the principal dwelling use and that compatibility
with surrounding residential uses is maintained. No home occupation shall
be allowed which:
i. Massage Therapy, subject to the requirements of Chapter 514.
SECTION 4. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On April 9, 2012, the City Council adopted Ordinance 870 that amends Chapters 514 and
1106 of the Mounds View Municipal Code. These amendments will allow massage
therapy to be allowed as a home occupation. A printed copy of the ordinance is available
for inspection during regular business hours at Mounds View City Hall and is available on
line at the City’s web site located at www.ci.mounds-view.mn.us.
SECTION 3. This ordinance takes effect 30 days after its publication in the official City
newspaper.
PUBLIC HEARING, INTRODUCTION AND FIRST READING by the Mounds View City
Council this 26th day of March, 2012.
SECOND READING AND ADOPTION by the Mounds View City Council this 9th day of
April, 2012.
PUBLICATION DATE: April 19, 2012
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(seal)
Item No: 07B
Meeting Date: March 26, 2012
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Public Hearing to Appeal a Ruling on a Solicitor License
Denial
Background:
Staff received an application for a solicitor license from Deonte Darren Hill. D.Darren Hill is
requesting to solicit in the City to sell windows, siding, attic installation, and bathroom
remodeling through a company called Window Concepts of Minnesota. In accordance with
the City Code, Staff conducted a background check and found that Mr. Hill has one gross
misdemeanor conviction (Damage to Property – 3rd Degree), and a misdemeanor conviction
(Giving Peace Officer False Name/Birthday/ID Card) on his criminal record. In accordance
with the City Code, the Police Chief reviewed the application, and denied the license request
in accordance with the Mounds View City Code §504.05.
Discussion:
In accordance with §504.05:
504.05: INVESTIGATION; ISSUANCE OR DENIAL OF PERMIT:
Subd. 1. Investigation: Upon receipt of each application and payment of the
fee, it shall be referred to the Chief of Police, who shall immediately institute
such investigation of the applicant's business and moral character as he
deems necessary for the protection of the public good and shall endorse the
application in the manner prescribed in this Section within three (3) business
days after it has been filed by the applicant with the City Administrator.
(Amended, Ord. 834, 10-10-09; Ord. 844, 5-20-10)
Subd. 2. Denial of Permit: If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory, the Chief of
Police shall endorse on such application any disapproval and the reasons for
the same and return the application to the City Administrator, who shall notify
the applicant within three (3) business days that the application is disapproved
and that no permit will be issued. (Amended, Ord. 834, 10-10-09; Ord. 844, 5-
20-10)
Staff conducted an investigation within three (3) days of receiving the application. It was
recommended by the Police Chief to deny the applicant’s request in accordance with §504.04
(e) of the City Code, which states:
Item 07B
PH – Solicitor License Appeal
Page 2
e. A conviction within the past five (5) years of the date of application for
any violation of any federal or state statute or regulation, or of any local
ordinance, which adversely reflects upon the person’s ability to conduct
the business for which the permit is being sought in a professional,
honest and legal manner. Such violations shall include, but are not
limited to, burglary, theft, larceny, swindling, fraud, unlawful business
practices, and any form of actual or threatened physical harm against
another person. (Added, Ord. 834, 10-10-09)
Mr. Hill’s convictions are dated in 2009, and both convictions are about one (1) month apart.
According to the BCA’s Minnesota Public Criminal History, Mr. Hill damaged property
(conviction: March 19, 2009), and gave police officers fraudulent information by giving a
false name (conviction: April 20, 2009). The Police Chief denied the solicitor license
application under the grounds that the presence of these convictions during the past five (5)
years is considered a disqualification for a solicitor license under City Code §504.04(e).
Attached is Mr. Hill’s Minnesota Public Criminal History for your reference. This attached
criminal history is considered public data.
Mr. Hill submitted a letter to the City explaining his actions in 2009. In his letter, he regrets his
past actions. Attached is Mr. Hill’s letter for your reference.
Mr. Hill’s manager, Tony Strouth of Window Concepts of Minnesota, spoke to the Police
Chief, and asked the Police Chief to reconsider his decision. Mr. Strouth stated to the Police
Chief that Windows Concepts of Minnesota has a Certificate of Liability Insurance (attached)
that protects property owners of employee dishonesty at $5,000 per crime. Although this
insurance may be a great protection for the residents of Mounds View, Staff felt that the
combination of the convictions within five (5) years, and the conviction of giving Police Officers
a false name would continue to be a disqualification under the City Code, regardless of the
insurance certificate.
Staff contacted Mr. Strouth of Mr. Hill’s rights under the City Code to appeal the decision of
Mr. Hill’s solicitor license. Under §504.11, of the City Code:
504.11: APPEALS: Any person aggrieved by the action of the Chief of
Police or the City Administrator in the denial, revocation, or suspension
of a permit as provided in Sections 504.05 and 504.07 of this Chapter
may appeal to the Council. Such appeal shall be taken by filing with
the Council within fourteen (14) days after notice of the action
complained of by a written statement setting forth fully the grounds for
the appeal. The Council shall set a time and place for a hearing on
such appeal within twenty (20) days, and notice of such hearing shall
be given to the appellant in the same manner as provided in Section
504.07 of this Chapter for notice of hearing on revocation. (1988 Code
§110.13) (Amended, Ord. 834, 10-10-09; Ord. 844, 5-20-10)
Item 07B
PH – Solicitor License Appeal
Page 2
Staff received a letter from Mr. Strouth, on Mr. Hill’s behalf, requesting to appeal the Police
Chief’s denial of the license. Staff informed Mr. Strouth that Mr. Hill will need to appear
before the City Council. Staff further informed Mr. Strouth that this public hearing will be
televised and Mr. Hill’s public criminal history will be stated on camera. According to Mr.
Strouth, Mr. Hill is aware that this public hearing will be televised, and would like the City
Council to reconsider Staff decision on denying Mr. Hill’s license. Staff immediately informed
Mr. Strouth of the date and time of this public hearing. Mr. Strouth indicated to Staff that he
would inform Mr. Hill. Staff made attempts to contact Mr. Hill to inform him of the public
hearing, but was not able to reach him.
Recommendation:
It is recommended to open the Public Hearing for Mr. Hill to state his case for appeal. There
is no Resolution necessary for the appeal. The City Council will be required to make a motion
to approve or deny the solicitor license. The motion will be noted in the Minutes as the City’s
official record. The Police Chief will be available to answer any questions the City Council
may have.
Respectfully submitted,
___________________________
Desaree Crane
Item No: 07C
Meeting Date: March 26, 2012
Type of Business: ROLL CALL VOTE
Administrator Review: _______
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Second Reading and Adoption of Ordinance 869 about
Accessing Parking Areas (ROLL CALL VOTE)
Discussion:
Many properties in Mounds View have narrow driveways and/or more than two vehicles. The
City receives many complaints about and constantly finds vehicles parked off the driveway in
the grass. After repeated driving over the same grass area, eventually it turns into a dirt patch
and is not attractive. Several years ago, the City decided to allow up to 300 square feet of
gravel parking areas as a more affordable option for homeowners to expand their driveways or
add additional parking in the side or back yard. Most cities have driveway width and setback
regulations, even if they do not require a permit for one. The most common side setback
requirement is five feet. No cities require more than five feet (other than in a very low density
residential district) and only a couple of cities allow less than that.
A driveway can be expanded or a separate parking area can be constructed in the side or back
yard, as long as it fits within the dimension and setback requirements. The idea for the separate
parking area is to allow the storage of seldom-moved vehicles or trailers to be stored on the
property without taking up space on the driveway. One of the problems that City Staff sees is a
separate parking area in the backyard that is not connected to the driveway and is being
accessed regularly. A particular problem property is located on a corner, and a vehicle is
driving over the curb daily to park on a gravel patch in the backyard. Staff recommends adding
language to the City Code that would require a hard surface driveway installed up to a parking
area if used frequently.
Recommendation:
Staff recommends Council approval of Ordinance 869. Action on the ordinance is by a roll call
vote of the Council. Staff also recommends the Council consent to the publication of a
summary of the ordinance as authorized by City Charter section 3.07.
Sincerely,
Heidi Heller
Planning Associate
ORDINANCE 869
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1100, CHAPTER 1121 OF THE MOUNDS VIEW
ZONING CODE TO ADDRESS ACCESSING DETACHED PARKING AREAS
The City of Mounds View ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 1121,
Section 1121.09 of the Mounds View Zoning Code pertaining to “Surfacing” by deleting the
stricken language and adding the underlined text as follows:
Chapter 1121.09
Subd. 7. Surfacing: All areas, as allowed in subdivision 1104.01(4) of this Title, to be utilized
for parking space and driveways shall be surfaced with a permanent improved surface
material as defined in Section 1102.02 of this Chapter, suitable to control dust,
drainage and erosion, meeting the requirements of Section 902.03 of this Code except
as follows: A gravel surface material meeting the specifications of Section 902.03,
subdivision 5 of this Code may be used for parking areas in an R-1 or R-2 District not to
exceed three hundred (300) square feet or, if to be used as a parking surface for an
RV, the minimum area that would encompass the wheel-base area of one (1)
recreational vehicle. Plans for surfacing and drainage of driveways and stalls for five
(5) or more vehicles shall be submitted to the Director of Community Development for
review, and the final drainage plan must receive the Director of Public Works/City
Engineer's written approval.
a. All areas used regularly for the parking of a vehicle or vehicles shall be
serviced by an improved driveway adjoining to the property’s primary driveway.
Access to separate parking areas shall be achieved only from the property’s
approved curb cut opening at the street. Regularly accessing parking areas by
other means or locations shall be prohibited.
SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On March 26, 2012, the City Council adopted Ordinance 869 that amends Chapter 1121 of
the Mounds View Municipal Zoning Code about accessing detached parking areas. If a
detached parking area is used on a regular basis, it must be accessed by an improved
driveway, and only through the approved curb cut opening at the street. A printed copy of
the ordinance is available to view during regular business hours at Mounds View City Hall
and is available on line at the City’s web site located at www.ci.mounds-view.mn.us.
Ordinance 869
Page 2
SECTION 3. This ordinance takes effect 30 days after its publication in the official City
newspaper.
PUBLIC HEARING, INTRODUCTION AND FIRST READING by the Mounds View City
Council this 12th day of March, 2012.
SECOND READING AND ADOPTION by the Mounds View City Council this 26th day of
March, 2012.
PUBLICATION DATE: April 5, 2012
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(seal)
Item No: 07D
Meeting Date: March 26, 2012
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 79197, Appointing Jerry Skelly as the 2011
Citizen of the Year Award
Revised as of March 26, 2012, at 12:00pm – Revised Resolution Number
Background:
The City of Mounds View Citizen of the Year Award recognizes ordinary citizens who have
demonstrated initiative to improving the community. Past recipients of this award include:
2004: David Jahnke
2005: Frank Silvis
2006: Ed Lanz
2007: Don Hodges
2008: Barbara Haake
2009: Diane Wuori
2010: Jean Miller
Discussion:
The City of Mounds View Citizen of the Year Award recognizes a Mounds View resident who
represents the energetic, courageous, persistent and informed involvement of an ordinary
citizen in the issues and challenges that affect the City of Mounds View. The award seeks to
honor highly effective community leaders who have invested a significant amount of time
improving their community.
The City received three nomination forms (two of the nomination forms were for one resident)
for the Mounds View Citizen of the Year Award. Nominations were reviewed by the City
Council at the March Work Session. The City Council made a decision to designate the 2011
Mounds View Citizen of the Year Award to Jerry Skelly.
The Mounds View Citizen of the Year Award is scheduled to be presented at the April 16th
Town Hall Meeting, located at Mounds View City Hall. Staff has attached a draft of the plaque
that will be presented at the Town Hall Meeting.
Item 07D
March 26, 2012, City Council Meeting
Page 2
Recommendation:
It is recommended that the City Council approve the attached Resolution 79197, Appointing
Jerry Skelly as the 2011 Mounds View Citizen of the Year.
Respectfully submitted,
___________________________
Desaree Crane
RESOLUTION NO. 79197
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DESIGNATING THE
2011 MOUNDS VIEW CITIZEN OF THE YEAR AWARD
WHEREAS, the Mounds View Citizen of the Year Award recognizes ordinary citizens
who have demonstrated outstanding dedication to improving their communities; and
WHEREAS, the Mounds View Citizen of the Year Award recognizes a Mounds View
resident who represents the energetic, courageous, persistent and informed involvement of
an ordinary citizen in the issues and challenges that affect the City; and
WHEREAS, nominations were solicited from the public and were reviewed by the City
Council; and
WHEREAS, Jerry Skelly, 7095 Knollwood Drive, was selected from the nominations
and meets the criteria outlined in the policy; and
WHEREAS, Jerry Skelly, as a citizen of Mounds View, has exemplified the courage
and determination to follow his values; and
WHEREAS, Jerry Skelly has demonstrated drive and initiative in his approach to
citizenship and has worked steadfastly with various community groups and organizations; and
WHEREAS, Jerry Skelly has volunteered a significant amount of time and energy to
further community causes and issues; and
WHEREAS, his efforts have generated positive results for the community; and
WHEREAS, he has contributed his efforts unselfishly, not expecting anything in return.
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does
hereby present the 2011 Mounds View Citizen of the Year Award to Jerry Skelly, in sincere
gratitude and appreciation for efforts as a Mounds View citizen.
Adopted this 26th day of March, 2012
______________________________
Joe Flaherty, Mayor
ATTEST:
______________________________
James Ericson, City Administrator
(seal)
(AWARD TO BE PRESENTED AT THE TOWN HALL MEETING)
2011 MOUNDS VIEW CITIZEN OF THE YEAR AWARD
Presented to
JERRY SKELLY
In recognition of many years of community participation and dedicated service as a citizen
of Mounds View
WHEREAS, Jerry Skelly, as a citizen of Mounds View, has exemplified the courage, initiative,
and determination to follow his values; and
WHEREAS, he has demonstrated drive and initiative in his approach to leadership, and has
worked consistently with various community groups and organizations; and
WHEREAS, he has volunteered a significant amount of time, passion, and energy to further
community causes and issues; and
WHEREAS, he unselfishly gave his efforts, not expecting anything in return; and
WHEREAS, his efforts have generated positive results for the community.
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby present the 2011
Mounds View Citizenship Award to Jerry Skelly, in sincere gratitude and appreciation for
efforts as a Mounds View citizen.
Presented by the
MOUNDS VIEW CITY COUNCIL
April 16, 2012
Item No: 07E
Meeting Date: March 26, 2012
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Resolution 7917 Approving a Three Year Labor Agreement
with LELS 232 (Police Sergeants) Effective from January 1,
2011 through December 31, 2013
Background:
The previous labor agreement with LELS 232 (Police Sergeants) expired at the end of
2010. The City and the Union have conducted a series of negotiation sessions and
employed the assistance of the Bureau of Mediation Services (BMS) to help navigate the
negotiation process. Late last year the two sides had the foundations of a new agreement
in place, pending final language pertaining to insurance renewals and the Retirement
Health Savings Plan (RHSP). This language and the rest of the agreement was reviewed
by both parties and found to be acceptable.
Discussion: The Agreement provides for the following changes:
Article 13: Work Schedule
A clause was added that indicates that any employee required to attend mandatory
meetings on their OFF time shall be paid for a minimum of two hours.
Article 14: Comp Time
The maximum amount of comp time balance was increased from 5.25 hours to 60 hours.
60 hours is a multiple of 12 (their work shift) and is also consistent with the LELS 204
language and the public works language.
Article 15: Court Duty
The minimum hours paid for employees that have to attend court on their off-duty time was
increased one hour, from three to four.
Article 17: Insurance
The monthly contribution for health & dental insurance is as follows:
2011: $867.33 (No change from previous year)
2012: $917.33
2013: (Refer to table on the following page)
LELS 232 Contract
March 26, 2012
Page 2
Article 17: Insurance (Continued)
The 2013 contribution will be based on the rate at which the insurance premium increases
for that year. If there is no change to the premium, the contribution remains the same.
Health Insurance
Premium Increase
Maximum Monthly
EMPLOYER Contribution
Less than 1% $917.33
1% to 5% $930
6% to 10% $940
11% to 15% $950
Greater than 16% $960
Article 18: Uniform Reimbursement
No change to this language. In return for no increase in the uniform stipend, there is no
change in how the stipend is paid out.
Article 22: Retirement Health Savings Plan (RHSP)
The only change to this section is that the employees will begin contributing 2% of their
wages to the RHSP.
Article 23: Holidays
The only change is to explicitly indicate the total number of paid holidays hours provided to
the employee, in the event the length of shift were to change again in the future.
Appendix A: Wages
Consistent with every other bargaining group and non-union employees, the following wage
table has been agreed upon by both parties:
2011: 0% 2012: 1.5% 2013: 1.5%
Recommendation:
It is recommended the City Council approve Resolution 7917, approving the labor
agreement with LELS 232 (Police Sergeants) effective January 1, 2011 through
December 31, 2013.
Respectfully submitted,
________________________
James Ericson
City Administrator
RESOLUTION 7917
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE 2011– 2013 LABOR AGREEMENT WITH
THE MOUNDS VIEW POLICE DEPARTMENT SERGEANTS GROUP, LELS 232
WHEREAS, the previously approved Labor Agreement with the Police Sergeants
(LELS 232, the “Union”) expired at the end of 2010; and
WHEREAS, the City and the Union held a series of negotiating sessions in an
effort to ratify a new agreement; and
WHEREAS, the City Council met in Executive Sessions to consider revised
terms associated with the 2011–2013 Labor Agreement; and
WHEREAS, the Union has reviewed and approved the terms as represented in
the attached 2011–2013 Labor Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View does hereby approve a three year Labor Agreement with LELS 232
(MVPD Sergeants) effective for from January 1, 2011 through December 31, 2013.
Adopted this 26th day of March, 2012.
_________________________________
Joe Flaherty, Mayor
ATTEST:
_________________________________
James Ericson, City Administrator
(seal)
1
LABOR AGREEMENT
BETWEEN
CITY OF MOUNDS VIEW
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(Local 232)
January 1, 2011 2010 to December 31, 2013 2010
TABLE OF CONTENTS
ARTICLE 1: PURPOSE OF THIS AGREEMENT.............................................................. 1
ARTICLE 2: RECOGNITION ............................................................................................... 1
ARTICLE 3: DEFINITIONS .................................................................................................. 1
ARTICLE 4: EMPLOYER SECURITY ................................................................................ 2
ARTICLE 5: EMPLOYER AUTHORITY ............................................................................ 2
ARTICLE 6: UNION SECURITY.......................................................................................... 2
ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................... 3
ARTICLE 8: SAVINGS CLAUSE.......................................................................................... 6
ARTICLE 9: PROBATIONARY PERIODS ......................................................................... 6
ARTICLE 10: SENIORITY........................................................................................................ 6
ARTICLE 12: CONSTITUTIONAL PROTECTION ............................................................. 7
ARTICLE 13: WORK SCHEDULES ........................................................................................ 7
ARTICLE 14: OVERTIME ........................................................................................................ 8
ARTICLE 15: COURT DUTY ................................................................................................... 8
ARTICLE 16: WORKING OUT OF CLASSIFICATION ...................................................... 9
ARTICLE 17: INSURANCE ...................................................................................................... 9
ARTICLE 18: UNIFORMS ........................................................................................................ 9
ARTICLE 19: VACATION ........................................................................................................ 9
ARTICLE 20: SICK LEAVE ................................................................................................... 10
ARTICLE 21: SEVERANCE PAY .......................................................................................... 11
ARTICLE 23: HOLIDAYS ....................................................................................................... 12
ARTICLE 24: INJURY ON DUTY.......................................................................................... 12
ARTICLE 25: WAIVER ........................................................................................................... 12
ARTICLE 26: POST LICENSES ............................................................................................. 13
ARTICLE 27: DURATION ...................................................................................................... 13
APPENDIX A: WAGES ............................................................................................................. 14
APPENDIX B: MAXIMUM SICK LEAVE HOURS ELIGIBLE FOR EMPLOYEE’S
RETIREMENT HEALTH SAVINGS PLAN .............................................................. 15
1
ARTICLE 1: PURPOSE OF THIS AGREEMENT
This AGREEMENT is entered into between the CITY OF MOUNDS VIEW, hereinafter called
the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO.
232), 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
Minnesota Statutes, Section 179A.12, Subdivision 8, for all police personnel in the
following job classification:
Sergeants
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: The Law Enforcement Labor Services, Inc. (Local No. 232).
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. (Local
No. 232).
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The City of Mounds View Police Department.
3.5 EMPLOYER: The City of Mounds View.
3.6 CHIEF: The Chief of the Mounds View Police Department.
3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services,
Inc. (LELS).
3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER
in excess of the employee’s SCHEDULED SHIFT.
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3.9 SCHEDULED A consecutive work period including rest breaks and a lunch break.
SHIFT:
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 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 structure; to select, direct and determine the number of personnel; to
establish work schedules and to perform any inherent managerial function not
specifically limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically established or modified by this
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish or eliminate.
ARTICLE 6: UNION SECURITY
6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly UNION dues. Such monies
shall be remitted as directed by the UNION.
6.2 The UNION may designate employees from the bargaining unit to act as Steward and an
alternate and shall inform the EMPLOYER in writing of such designation and changes in
the position of Steward and/or alternate.
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6.3 The EMPLOYER shall make space available on the employee bulletin board for posting
UNION notice(s) and announcement(s).
6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result
of any action taken or not taken by the EMPLOYER under the provisions of this Article.
ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 Definition of Grievance
A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of the 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 the Article. The UNION shall notify the EMPLOYER in writing of the
name of such UNION representatives and of their successors when so designated as
provided by 6.2 of this AGREEMENT.
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 of pay
when a grievance is investigated and presented to the EMPLOYER during normal
working hours provided that the employee and the UNION Representative have notified
and received the approval of the designated supervisor who has determined that such
absence is reasonable and would not be detrimental to the work programs of the
EMPLOYER.
7.4 Procedure
Grievances, as defined by Section 7.1 shall be resolved in conformance with the
following procedure:
Step 1. An employee claiming a violation concerning the interpretation or
application of the 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
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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 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 to Step 3 within ten (10) calendar days
following the Chief of Police’s final 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 Clerk-Administrator. The City Clerk-
Administrator 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 Clerk-Administrator’s final answer to
Step 3. Any grievance not appealed in writing to Step 4 by the UNION
within ten (10) calendar days shall be considered waived.
Step 3.a. If the grievance is not resolved at Step 3of 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 timeliness for Step 4 of the grievance procedure. Any grievance
not appealed in writing to Step 4 by the UNION within ten (10) calendar
days of mediation shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION
shall be submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971, as amended. The selection of
an arbitrator shall be made in accordance with the “Rules Governing the
Arbitration of Grievances” as established by the Bureau of Mediation
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 the 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 decisions on
any other issue not so submitted.
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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 the law. The arbitrator’s
decision shall be submitted in writing within thirty (30) days following close of
the hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The 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 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 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 of the grievance remains
unresolved, and if the grievance involves discipline of an employee who has completed
the required probationary period, the grievance may be appealed either to Step 4 of
Article 7 or other appeal procedure such as Civil Service, Veterans Preference, or other
employment laws. If appealed to another appeal procedure the grievance is not subject to
the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall
indicate in writing which procedure is to be utilized - Step 4 of Article 7 or Civil Service -
and shall sign a statement to the effect that the choice precludes the aggrieved employee
from making a subsequent appeal through Step 4 of Article 7.
The election set for the above shall not apply to claims subject to the jurisdiction of the
United States Equal Employment Opportunity Commission.
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ARTICLE 8: SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the
City of Mounds View. 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: PROBATIONARY PERIODS
9.1 All newly hired or rehired employees will serve a twelve (12) months’ 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.
9.2 All employees will serve a six (6) months’ probationary period in any job classification in
which the employee has not served a probationary period.
9.3 At any time during the probationary period a promoted or reassigned employee may be
demoted or reassigned to the employee’s previous position at the sole discretion of the
EMPLOYER.
ARTICLE 10: SENIORITY
10.1 Seniority shall be determined by the employee’s length of continuous employment as a
sergeant in the Mounds View Police Department. Seniority rosters may be maintained by
the Chief on the basis of time in grade and time within specific classifications.
10.2 A reduction of work force will be accomplished on the basis of seniority. Employees
shall be recalled from layoff on the basis of seniority. An employee on layoff shall have
an opportunity to return to work within two years of the time of the employee’s layoff
before any new employee is hired.
10.3 Senior employees will be given preference with regard to transfer, job classification
assignments and promotions when the job-relevant qualifications of employees are equal.
10.4 Senior qualified employees shall be given shift assignment preference.
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ARTICLE 11: DISCIPLINE
11.1 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
11.2 Suspensions, demotions and discharges will be in written form.
11.3 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.
11.4 Employees may examine their own individual personnel files at reasonable times under
the direct supervision of the EMPLOYER.
11.5 Discharges will be preceded by a five (5) day suspension without pay.
11.6 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.
11.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the
grievance procedure under ARTICLE VII.
ARTICLE 12: CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens of the United States and Minnesota State
Constitutions.
ARTICLE 13: WORK SCHEDULES
13.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by
each employee through:
a) hours worked on assigned shifts;
b) holidays;
c) assigned training:
d) authorized leave time
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13.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of
time of the assigned shifts.
13.3 Employees who attend mandatory meetings, during time periods that fall outside their
regularly scheduled shifts, shall receive a minimum of two (2) hours pay.
13.4 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 14: OVERTIME
14.1 Employees will be compensated at one and on-half (1 ½) times the employees’ 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.
14.2 Overtime will be distributed as equally as practicable.
14.3 Overtime refused by employees will for record purposes under Article 14.2 by considered
an unpaid overtime worked.
14.4 For the purposes of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded or paid twice for the same hours worked.
14.5 Overtime will be calculated to the nearest fifteen (15) minutes.
14.6 Employees have the obligation to work overtime or call backs if requested by the
EMPLOYER unless unusual circumstances prevent the employee for so working.
14.7 Employees may take compensatory time in lieu of overtime pay. Compensatory time
may be accumulated up to sixty (60) fifty-two and one half hours (52.5).
ARTICLE 15: COURT DUTY
15.1 An employee who is required to appear in Court during the employee’s scheduled off-
duty time shall receive a minimum of four (4) three (3) hours pay at one and one-half (1
½) times the employee’s base pay rate. An extension or early report to a regularly
scheduled shift for Court appearances does not qualify the employee for Court time.
15.2 Employees notified by the employer/court to be on court standby status will be
compensated a total of three hours based upon the employee’s normal hourly rate for
each day the employee is to standby for court duty but not called for court. A summons
to court on a standby day will preclude standby pay.
15.3 The three hour court/standby compensation will not be given unless the employee
contacts the court line the evening prior to scheduled appearance between the hours of
1530 and 1630 hours to verify status, and duly reports such on the Court/Standby request.
9
ARTICLE 16: WORKING OUT OF CLASSIFICATION
Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a
higher job classification shall receive the salary schedule for the higher classification for the
duration of the assignment.
ARTICLE 17: INSURANCE
17.1 The EMPLOYER will contribute a maximum amount of $867.33 per month in 2011 2010
and $917.33 per month in 2012 to each full-time permanent employee, for group health,
dental, and life insurance including dependant coverage. In 2013, the EMPLOYER will
contribute a maximum amount per month based on the percent change in health insurance
premiums, as follows:
Health Insurance Premium Increase Maximum Monthly
EMPLOYER Contribution
Less than 1% $917.33
1% to 5% $930
6% to 10% $940
11% to 15% $950
Greater than 16% $960
17.2 Employees may designate any unused portion of the EMPLOYER contribution amount to
provide dental coverage and/or supplemental life insurance offered according to
established guidelines through the City’s plans.
ARTICLE 18: UNIFORMS
The City shall provide a uniform allowance of $710.00 per year for the duration of this
agreement 2010.
ARTICLE 19: VACATION
19.1 Vacation Pay: If an employee desires vacation pay in advance of vacation, the employee
must give the EMPLOYER at least three weeks notice in writing.
19.2 Carry Over and Waiver of Vacation Leave: Ten days of vacation plus the amount accrued
up to December 31st of the previous year may be carried over into the next year.
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19.3 Vacation Schedule:
Vacation will be granted employees according to the following schedule:
1 through 5 years 10 days
After 5 years through 10 years 15 days
After 11 years 16 days
After 12 years 17 days
After 13 years 18 days
After 14 years 19 days
After 15 years 20 days
After 20 years 25 days
19.4 One continuous vacation period shall be selected on the basis of seniority until May 1st of
each calendar year.
19.5 After May 1st vacation shall be awarded on a first come first serve basis. Vacation
requests shall be submitted no more than 30 days in advance. Vacation requests can be
submitted more than 30 days in advance with the specific permission of the Chief. In the
event any employee group receives additional vacation leave in excess of leave listed in
19.3 this bargaining unit shall receive the same increase.
ARTICLE 20: SICK LEAVE
20.1 Eligibility: Sick Leave with Pay. Any employee who has been continuously employed for
a period of one year or longer may in any calendar year be granted sick leave not to
exceed thirteen (13) working days with full pay. An employee may borrow up to thirty
(30) days of sick leave with the approval of and under conditions set out by the
EMPLOYER. Sick leave is defined to mean the absence of an employee because of
illness, exposure to contagious disease, attendance of such employee of a member of the
employee’s immediate family requiring the care or attendance of such employee, or death
in the immediate family of the employee. The EMPLOYER may in any case require
evidence in the form of a certificate from the employee’s physician for verification of the
reason for any employee’s absence during the time for which sick leave is granted.
20.2 Accrual and Use. Sick leave may be accumulated to a maximum of 120 days.
20.3 Proof Required. In order to be eligible for sick leave with pay an employee must:
a. Report promptly to the employee’s department head no later than 30 minutes
before the start of the shift the reason for such absence.
b. Keep the department head informed of the employee’s condition, if the absence is
more than three (3) days duration.
c. Submit a medical certificate for any absence exceeding three (3) days if required
by the EMPLOYER.
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d. Penalty. Claiming sick leave when physically fit, except as permitted in this
section, may be cause for disciplinary action, including transfer, suspension,
demotion or dismissal.
e. A regular employee who meets the other requirements of this section and who
receives Workers Compensation payments shall be granted accrued sick leave pay
in the amount of the difference between Workers Compensation payments and the
employee’s net salary.
20.4 Other leave may be granted in accordance with the Family and Medical Leave Act
(FMLA) as appropriate.
ARTICLE 21: SEVERANCE PAY
21.1 Upon separation from employment with the City, employees with less than twenty (20)
years of service and leave in good standing will receive a lump-sum taxable severance
compensation for all accrued vacation and compensatory time.
21.2 Upon separation from employment with the City, employees with twenty (20) or more
years of service and leave in good standing shall direct 100% of any vacation and
compensatory time balances to Retirement Health Savings Plan (RHSP), as provided in
Article 22.
21.3 Upon separation, all employees shall direct eligible sick leave balances to their RHSP, as
provided in Article 22.
ARTICLE 22: RETIREMENT HEALTH SAVINGS PLAN
22.1 The City of Mounds View offers its employees a Retirement Health Savings Plan
pursuant to Internal Revenue Code regulations through a third party administrator
selected by the City. Future changes in the Internal Revenue Code regulations may
change the tax status of this plan and the City shall not be liable for such changes.
Contribution to the Plan shall occur according to the following provisions:
A. Employees who have completed two or more years of service and leave in good
standing shall direct their eligible sick leave compensation to the Plan. Eligible
sick leave shall be computed based on years of completed service, less any elected
annual contributions, computed according to the table in Appendix B, at a
conversion rate of two for one (50%). (Employees who separate with less than
two years of completed service are not eligible to be compensated for any accrued
sick leave.)
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B. Employees who had accumulated 960 or more hours of sick leave as of January 1,
2005 are not subject to the computation table in Appendix B. Rather, any such
employee shall direct sixty-five percent (65%) of their remaining sick leave
compensation to the Plan.
C. Upon separation from employment with the City, employees with twenty (20) or
more years of service and leave in good standing shall direct 100% of any
vacation and compensatory time balances to the Plan. Employees with less than
twenty (20) years of service and leave in good standing will receive a lump-sum
taxable severance compensation for all remaining vacation and compensatory
time as provided for in Article 21.1.
D. Employees shall contribute a percentage of their annual pay on a pre-tax basis to
the plan, as follows: Sergeants will contribute 2% of salary.
ARTICLE 23: HOLIDAYS
All employees shall receive the following holidays: New Years Day, Martin Luther King Day,
Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving and Christmas Day. (The total number of paid
holiday hours is equal to one hundred fifteen and one half (115.5) hours annually.) Employees
assigned to work on these holidays shall receive an extra one-half hour of pay for any hours
worked.
ARTICLE 24: 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 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, after a three (3) working day initial waiting period per injury. The
three (3) working day waiting period shall be charged to the employee’s sick leave account less
Workers Compensation insurance payments. Employees drawing Workers Compensation
benefits will not receive supplementary IOD pay or sick leave pay which provides for more after
tax take-home pay than the employee made while working.
ARTICLE 25: WAIVER
25.1 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 this employment referred to
13
or covered in this AGREEMENT or with respect to any term or condition of employment
not specifically referred to or covered in the 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 of the parties at the time this contract was
negotiated or executed.
ARTICLE 26: POST LICENSES
The EMPLOYER will pay the cost of maintaining POST licensure.
ARTICLE 27: DURATION
This AGREEMENT shall be effective as of January 1, 2011 2010, and shall remain in full force
and effect until December 31, 2013 2010. In witness whereof, the parties hereto have executed
this AGREEMENT on this ___ day of ______________________, 2012 2010.
FOR THE CITY OF MOUNDS VIEW FOR L.E.L.S.
14
APPENDIX A: WAGES
Effective January 1, 2011 2010
Step 1 Step 2 Step 3 Step 4 Step 5
Starting After 6 months After 12 months After 24 months After 36 months
$30.27 $32.16 $34.04 $35.95 $37.83
2011 2012 2013
Step 1 (Starting) $30.27 $30.72 $31.18
Step 2 (after 6 months) $32.16 $32.64 $33.13
Step 3 (after 12 months) $34.04 $34.56 $35.08
Step 4 (after 24 months) $35.95 $36.48 $37.03
Step 5 (after 36 months) $37.83 $38.40 $38.98
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APPENDIX B: Maximum Sick Leave Hours Eligible for Employee’s Retirement Health
Savings Plan
Completed Years
of Service
Annual
Accrual
Max Annual Hours
Eligible for Plan
Max Cumulative Hours
Eligible for Plan*
Rate of Transfer
= 50%
1 96 (not eligible) (not eligible) (not eligible)
2 96 96 192 81
3 96 96 288 144
4 96 96 384 192
5 96 96 480 240
6 96 96 576 288
7 96 96 672 336
8 96 96 768 384
9 96 96 864 432
10 96 96 960 480
11 96 20 980 490
12 96 20 1000 500
13 96 20 1020 510
14 96 20 1040 520
15 96 20 1060 530
16 96 20 1080 540
17 96 20 1100 550
18 96 20 1120 560
19 96 20 1140 570
20 96 20 1160 580
21 96 20 1180 590
22 96 20 1200 600
23 96 20 1220 610
24 96 20 1240 620
25 96 20 1260 630
26 96 20 1280 640
27 96 20 1300 650
28 96 20 1320 660
29 96 20 1340 670
30 96 20 1360 680
31 96 20 1380 690
32 96 20 1400 700
33 96 20 1420 710
34 96 20 1440 720
35 96 20 1460 730
* Hours directed to the Plan on an annual basis, if such option is utilized, shall be deducted from the
maximum cumulative eligible for purposes of Plan contribution upon separation. Sick leave balances
in excess of the Eligible Hours as noted herein are not available for reimbursement, payout or deposit
into the plan or as severance in any form.
Item No: 07F
Meeting Date: March 26, 2012
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Resolution 7918 Approving a Three Year Labor Agreement
with LELS 204 (Patrol Officers and Investigators) Effective from
January 1, 2011 through December 31, 2013
Background:
The previous labor agreement with LELS 204 (Patrol officers and Investigators) expired at
the end of 2010. The City and the Union have conducted a series of negotiation sessions
subsequent to the expiration of the last contract. Late last year the two sides had the
foundations of a new agreement in place, pending final language pertaining to insurance
renewals and the Retirement Health Savings Plan (RHSP). This language and the rest of
the agreement was reviewed by both parties and found to be acceptable.
Discussion: The Agreement provides for the following changes:
Article 17: Insurance
The monthly contribution for health & dental insurance is as follows:
2011: $867.33 (No change from previous year)
2012: $917.33
2013: (Refer to table)
The 2013 contribution will be based on the rate at which the insurance premium increases
for that year. If there is no change to the premium, the contribution remains the same.
Health Insurance
Premium Increase
Maximum Monthly
EMPLOYER Contribution
Less than 1% $917.33
1% to 5% $930
6% to 10% $940
11% to 15% $950
Greater than 16% $960
Article 20: Uniform Reimbursement
No change to this language. In return for no increase in the uniform stipend, there is no
change in how the stipend is paid out.
LELS 204 Contract
March 26, 2012
Page 2
Article 23.2: Retirement Health Savings Plan (RHSP)
The only change to this section is with the employee groupings for purposes of contributing
1% to 3% of wages to the RHSP.
Article 27: Longevity Pay
The language in this section regarding an educational incentive has been removed as it no
longer applies to any employee. The language had indicated that Employees hired after
January 1, 1984 shall not be eligible to receive Educational Incentive Pay. There are no
employees left in the group for which this provision would apply thus it was eliminated.
Appendix A: Wages
Consistent with every other bargaining group and non-union employees, the following wage
table has been agreed upon by both parties:
2011: 0% 2012: 1.5% 2013: 1.5%
In addition, the follow provision was added to address compensation for the K-9 Handler
assignment:
“Employees classified or assigned by the EMPLOYER as K-9 Handler will receive two
hundred dollars ($200) per month in supplemental pay plus one (1) paid day off per month
during the term of this AGREEMENT.”
Recommendation:
It is recommended the City Council approve Resolution 7918, approving the labor
agreement with LELS 204 (Patrol Officers and investigators) effective January 1, 2011
through December 31, 2013.
Respectfully submitted,
________________________
James Ericson
City Administrator
RESOLUTION 7918
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE 2011– 2013 LABOR AGREEMENT WITH
THE MOUNDS VIEW POLICE DEPARTMENT PATROL OFFICERS AND
INVESTIGATORS GROUP, LELS 204
WHEREAS, the previously approved Labor Agreement with LELS 204 (the
“Union”) expired at the end of 2010; and
WHEREAS, the City and the Union held a series of negotiating sessions in an
effort to ratify a new agreement; and
WHEREAS, the City Council met in Executive Sessions to consider revised
terms associated with the 2011–2013 Labor Agreement; and
WHEREAS, the Union has reviewed and approved the terms as represented in
the attached 2011–2013 Labor Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View does hereby approve a three year Labor Agreement with LELS 204
(Patrol Officers and Investigators) effective from January 1, 2011 through December 31,
2013.
Adopted this 26th day of March, 2012.
_________________________________
Joe Flaherty, Mayor
ATTEST:
_________________________________
James Ericson, City Administrator
(seal)
LABOR AGREEMENT
BETWEEN
CITY OF MOUNDS VIEW
AND
LAW ENFORCEMENT LABOR SERVICES, INC. (L.E.L.S.)
LOCAL NO. 204
JANUARY 1, 2010 2011 – DECEMBER 31, 2010 2013
TABLE OF CONTENTS
ARTICLE 1 - PURPOSE OF THIS AGREEMENT ........................................................... 1
ARTICLE 2 - RECOGNITION .......................................................................................... 1
ARTICLE 3 - DEFINITIONS ............................................................................................ 1
ARTICLE 4 - EMPLOYER SECURITY ............................................................................ 2
ARTICLE 5 - EMPLOYER AUTHORITY ......................................................................... 2
ARTICLE 6 - UNION SECURITY .................................................................................... 3
ARTICLE 7 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................................. 3
ARTICLE 8 - SAVINGS CLAUSE .................................................................................... 6
ARTICLE 9 - PROBATIONARY PERIODS ..................................................................... 6
ARTICLE 10 - SENIORITY .............................................................................................. 6
ARTICLE 11 - DISCIPLINE ............................................................................................. 7
ARTICLE 12 - CONSTITUTIONAL PROTECTION ......................................................... 7
ARTICLE 13 - WORK SCHEDULES ............................................................................... 8
ARTICLE 14 - OVERTIME .............................................................................................. 8
ARTICLE 15 - COURT DUTY ......................................................................................... 9
ARTICLE 16 - WORKING OUT OF CLASSIFICATION ................................................... 9
ARTICLE 17 - INSURANCE ............................................................................................ 9
ARTICLE 18 - STANDBY PAY ...................................................................................... 10
ARTICLE 19 - OFF DUTY CALL PAY ........................................................................... 10
ARTICLE 20 - UNIFORMS ............................................................................................ 10
ARTICLE 21 - VACATION ............................................................................................. 10
ARTICLE 22 - SICK LEAVE .......................................................................................... 11
ARTICLE 23 - SEVERANCE PAY ................................................................................. 12
ARTICLE 24 - HOLIDAYS ............................................................................................. 13
ARTICLE 25 - CAFETERIA PLAN ................................................................................. 13
ARTICLE 26 - INJURY ON DUTY ................................................................................. 13
ARTICLE 27 - LONGEVITY PAY AND EDUCATIONAL INCENTIVE ........................... 14
ARTICLE 28 - WAIVER ................................................................................................. 15
ARTICLE 29 - POST LICENSES .................................................................................. 15
ARTICLE 30 - DURATION ............................................................................................ 15
ARTICLE 31 - WAGES .................................................................................................. 16
APPENDIX A ................................................................................................................. 17
APPENDIX B ................................................................................................................. 18
1
MASTER LABOR AGREEMENT
BETWEEN
CITY OF MOUNDS VIEW
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
L.E.L.S.
ARTICLE 1 - PURPOSE OF THIS AGREEMENT
This AGREEMENT is entered into as of January 1, 2010 2011, between the CITY OF
MOUNDS VIEW, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT
LABOR SERVICES, INC. (L.E.L.S.), LOCAL NO. 204, 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
Minnesota Statutes, Section 179A.03, Subdivision 8, for all police personnel in
the following job classifications:
Police Patrol Person
Investigator
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: The Law Enforcement Labor Services, Inc. (L.E.L.S.), Local No. 204
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc.
(L.E.L.S.), Local No. 204
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 EMPLOYER: The City of Mounds View
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3.5 CHIEF: The Chief of the Mounds View Police Department.
3.6 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor
Services, Inc. (L.E.L.S.)
3.7 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified
by the EMPLOYER to the job classification and/or job position of
INVESTIGATOR / DETECTIVE.
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
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 the 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 structure; to select, direct and determine the number of
personnel; to establish work schedules and to perform any inherent managerial
function not specifically limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically established or modified by
this AGREEMENT shall remain solely within the discretion of the EMPLOYER to
modify, establish or eliminate.
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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 Steward
and an alternate and shall inform the EMPLOYER in writing of such notice and
changes in the position of Steward and/or alternate.
6.3 The EMPLOYER shall make space available on the employee bulletin board for
posting UNION notice(s) and announcement(s).
6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any
and all claims, suits, orders, or judgments brought or issued against the
EMPLOYER as a result of any action taken or not taken by the EMPLOYER
under the provisions of this Article.
ARTICLE 7 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 DEFINITION OF 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 shall notify the
EMPLOYER in writing of the name of such UNION representatives and of their
successors when so designated as provided by 6.2 of this AGREEMENT.
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 of 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.
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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 or
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 Step 2
Representative. The EMPLOYER-designated Step 2 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 to Step 3 within ten (10) calendar
days following the EMPLOYER-designated Representatives final 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 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 to 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 timeliness 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.
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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, as amended. The
selection of an arbitrator shall be made in accordance with the “Rules
Governing the Arbitration of Grievances” as established by the Bureau of
Mediation 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 decisions 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 the law. The
arbitrator’s decision shall be submitted in writing within thirty (30) days
following close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The 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 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 written agreement of the EMPLOYER and the UNION in
each step.
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7.7 CHOICE OF REMEDY
If, as a result of the written EMPLOYER response in Step 3 of the grievance
remains unresolved, and if the grievance involves discipline of an employee who
has completed the required probationary period, the grievance may be appealed
either to Step 4 of Article 7 or to Civil Service. If appealed to Civil Service the
grievance is not subject to the arbitration procedure as provided in Step 4 of
Article 7. The aggrieved employee shall indicate in writing which procedure is to
be utilized - Step 4 of Article 7 or Civil Service - and shall sign a statement to the
effect that the choice 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 Mounds View. 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 - PROBATIONARY PERIODS
9.1 All newly hired or rehired employees will serve a twelve (12) months’
probationary period.
9.2 All employees will serve a six (6) months’ probationary period in any job
classification in which the employee has not served a probationary period.
9.3 At any time during the probationary period a newly hired or rehired employee
may be terminated at the sole discretion of the EMPLOYER.
9.4 At any time during the probationary period a promoted or reassigned employee
may be demoted or reassigned to the employee’s previous position at the sole
discretion of the EMPLOYER.
ARTICLE 10 - SENIORITY
10.1 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.
10.2 A reduction of work force will be accomplished on the basis of seniority.
Employees shall be recalled from layoff on the basis of seniority. An employee on
layoff shall have an opportunity to return to work within two years of the time of
the employee’s layoff before any new employee is hired.
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10.3 Senior employees will be given preference with regard to transfer, job
classification assignments and promotions when the job-relevant qualifications of
employees are equal.
10.4 Senior qualified employees shall be given shift assignment preference after
eighteen (18) months of continuous full-time employment.
ARTICLE 11 - DISCIPLINE
11.1 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
11.2 Suspensions, demotions and discharges will be in written form.
11.3 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.
11.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the EMPLOYER.
11.5 Discharges will be preceded by a five (5) day suspension without pay.
11.6 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.
11.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the
grievance procedure under ARTICLE VII.
ARTICLE 12 - CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens of the United States and
Minnesota State Constitutions.
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ARTICLE 13 - WORK SCHEDULES
13.1 The normal work year is two thousand and eighty (2,080) hours to be accounted
for by each employee through:
a) hours worked on assigned shifts;
b) holidays;
c) assigned training;
d) authorized leave time.
13.2 Authorized leave time is to be calculated on the basis of the actual length of time
of the assigned shifts.
13.3 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 14 - OVERTIME
14.1 Employees will be compensated at one and one-half (1 ½ ) times the employees
regular base pay 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.
14.2 Overtime will be distributed as equally as practicable.
14.3 Overtime refused by employees will for record purposes under Article 13.2 be
considered as unpaid overtime worked.
14.4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
14.5 Overtime will be calculated to the nearest fifteen (15) minutes.
14.6 Employees have the obligation to work overtime or call backs if requested by the
EMPLOYER unless unusual circumstances prevent the employee for so working.
14.7 Employees may take compensatory time in lieu of overtime pay. Compensatory
time may be accumulated up to 60 hours.
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ARTICLE 15 - COURT DUTY
15.1 An employee who is required to appear in Court during the employee's
scheduled off-duty time shall receive a minimum of three (3) hours pay at one
and one-half (1 ½ ) 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 Court time.
15.2 Employees notified by the employer/court to be on court standby status will be
compensated a total of three hours based upon the employee’s normal hourly
rate for each day the employee is to standby for court duty but not called for
court. A summons to court on a standby day will preclude standby pay.
15.3 The three hour court/standby compensation will not be given unless the
employee contacts the court line the evening prior to scheduled appearance
between the hours of 1530 and 1630 hours to verify status, and duly reports such
on the Court/Standby request.
ARTICLE 16 - WORKING OUT OF CLASSIFICATION
Employees assigned by the EMPLOYER to assume the full responsibilities and
authority of a higher job classification shall receive the salary schedule for the higher
classification for the duration of the assignment.
ARTICLE 17 - INSURANCE
17.1 The EMPLOYER will contribute a maximum amount of $867.33 per month in
2010 2011 and $917.33 per month in 2012 to each full-time permanent employee
for group health, dental and life insurance dependant coverage; patrol officers
will be offered the same health, dental and life coverage offered to all City
employees. The monthly EMPLOYER contribution in 2013 shall be based on the
rate of the health insurance premium increase, as follows:
2013 Health Insurance Premium Increase Monthly EMPLOYER Contribution
Less than 1% $917.33
1% to 5% $930
6% to 10% $940
11% to 15% $950
Greater than 16% $960
17.2 Employees may designate any unused portion of the EMPLOYER contribution
amount to provide dental coverage and/or supplemental life insurance offered
according to established guidelines through the City’s plans.
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ARTICLE 18 - STANDBY PAY
Employees required by the EMPLOYER to standby shall be compensated for such
standby time at the rate of 1 hour compensatory time off for each hour on standby.
ARTICLE 19 - OFF DUTY CALL PAY
Employees classified or assigned by the Employer as Investigator will receive one hour
of compensatory time off for every off-duty call received between the hours of 9:00 p.m.
and 7:00 a.m. Monday through Friday, and 9:00 pm Friday through 7:00 a.m. Monday.
ARTICLE 20 - UNIFORMS
Uniforms: The Employer shall provide a uniform allowance of $710.00 for 2010 during
the term of this AGREEMENT. Employees who have completed one year of service with
the Employer will be eligible to receive the uniform allowance. The uniform allowance
will be prorated for employees who work less than one full year. The Employer will
determine and provide an initial issue of uniforms and equipment to newly hired officers.
ARTICLE 21 - VACATION
21.1 Vacation Pay. If an employee desires vacation pay in advance of vacation, the
employee must give the EMPLOYER at least three weeks notice in writing.
21.2 Carry Over and Waiver of Vacation Leave. Ten days of vacation may be carried
over to the next year.
21.3 Consecutive Vacation Days. If the employee is entitled to two weeks vacation,
the employee must take one week consecutively, if an employee is entitled to
three or four weeks vacation, the employee must take two weeks with five (5) day
blocks or greater.
21.4 Vacation Schedule
Vacation will be granted employees according to the following schedule:
1 through 5 years 10 days
After 5 years through 10 years 15 days
After 11 years 16 days
After 12 years 17 days
After 13 years 18 days
After 14 years 19 days
After 15 years 20 days
After 20 years 25 days
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21.5 One continuous vacation period shall be selected on the basis of seniority until
May 1st of each calendar year.
21.6 After May 1st vacation shall be awarded on a first come first serve basis.
Vacation requests shall be submitted no more than 30 days in advance. Vacation
requests can be submitted more than 30 days in advance with the specific
permission of the Chief.
21.7 Probationary Employees that are new hires are not entitled to use accrued
vacation until completion of their sixth month of employment.
ARTICLE 22 - SICK LEAVE
22.1 Eligibility: Sick Leave with Pay. Any employee who has been continuously
employed for a period of one year or longer may in any calendar year be granted
sick leave not to exceed thirteen (13) working days with full pay. An employee
may borrow up to thirty (30) days of sick leave with the approval of and under
conditions set out by the EMPLOYER. Sick leave is defined to mean the absence
of an employee because of illness, exposure to contagious disease, attendance
of such employee on a member of the employee’s immediate family requiring the
care or attendance of such employee, or death in the immediate family of the
employee. The EMPLOYER may in any case require evidence in the form of a
certificate from the employee’s physician for verification of the reason for any
employee’s absence during the time for which sick leave is granted.
22.2 Accrual and Use. Sick leave may be accumulated to a maximum of 960 hours.
22.3 Proof Required. In order to be eligible for sick leave with pay and employee must:
a. Report promptly no later than 30 minutes before a scheduled shift to the
Department the reason for such absence.
b. Keep the Supervisor informed of the employee’s condition, if the absence
is more than three (3) days duration. If an employee needs to utilize sick leave
during a scheduled shift, a prorated portion of sick leave may be used to cover
the balance of the shift.
c. Submit a medical certificate for any absence exceeding three (3) days if
required by the EMPLOYER.
d. Penalty. Claiming sick leave when physically fit, except as permitted in this
section, may be cause for disciplinary action, including transfer, suspension,
demotion or dismissal.
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22.4 Other leave may be granted in accordance with the Family and Leave Act
(FMLA) as appropriate.
ARTICLE 23 - SEVERANCE PAY
23.1 Lump Sum Severance
A. Upon separation from employment with the City, employees with less than
twenty (20) years of service and leave in good standing will receive a
lump-sum taxable severance compensation for all accrued vacation and
compensatory time.
B. Employees who separate with less than two years of service are not
eligible to be compensated for accrued sick leave. (Employees who
separate with two or more years of service will contribute their eligible sick
leave hours to the Retirement Health Savings Plan as provided in 23.2.A).
23.2 Retirement Health Savings Plan
The City of Mounds View offers its employees a Retirement Health Savings Plan
pursuant to Internal Revenue Code regulations through a third party
administrator selected by the City. Future changes in the Internal Revenue Code
regulations may change the tax status of this plan and the City shall not be liable
for such changes.
Contribution to the Plan shall occur according to the following provisions:
A. Employees who have completed two or more years of service and leave in
good standing shall direct their eligible sick leave compensation to the
Plan. Eligible sick leave shall be computed based on years of completed
service, less elected annual contributions, computed according to the
table in Appendix B, at a conversion rate of two for one (50%).
Employees who had accumulated 960 or more hours of sick leave as of
January 1, 2005 are not subject to the computation table in Appendix B.
Rather, any such employee shall direct sixty-five percent (65%) of their
remaining sick leave compensation to the Plan.
B. Upon separation from employment with the City, employees who have
completed twenty (20) or more years of service and leave in good
standing will contribute 100% of their compensation for accrued vacation
and compensatory time to the Plan.
C. Employees will contribute a percentage of their annual pay on a pre-tax
basis to the plan as follows:
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1. Class 20 25-29 will contribute 3% 2% of salary.
2. Class 30-34 will contribute 3% of salary.
3. Class 30 35-39 will contribute 3% 2% of salary.
4. Class 40-44 will contribute 3% of salary.
5. Class 40 45-49 will contribute 3% 2% of salary.
6. Class 50-54 will contribute 2% of salary.
7. Class 50 55-59 will contribute 5% of salary.
8. Class 60-64 will contribute 3% of salary.
9. Class 60 65-69 will contribute 5% 1% of salary.
10. Class 70-74 will contribute 1% of salary.
11. Class 70 75-79 will contribute 1% of salary.
Class is determined by the following formula: Employee age plus
completed years of service with the City.
ARTICLE 24 - HOLIDAYS
24.1 Beginning January 1, 2009, all employees shall receive the following holidays:
New Year’s Day, Martin Luther King Day, President’s Day, Good Friday,
Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day,
Day after Thanksgiving, Christmas Eve, Christmas Day and New Years Eve.
Employees assigned to work on these holidays shall receive an extra one-half
hour of pay for any hours worked.
24.2 For employees who work Monday through Friday schedules, if a holiday falls on
a Saturday, the preceding Friday shall be considered the holiday. If a holiday
falls on a Sunday, the following Monday shall be considered the holiday.
24.3 Beginning January 1, 2009, holiday hours shall be calculated based on an eight
(8) hour day.
ARTICLE 25 - CAFETERIA PLAN
The EMPLOYER will evaluate, and if feasible within federal and state laws and Internal
Revenue Service regulations, implement a Cafeteria Plan benefit program.
ARTICLE 26 - 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 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, after a three (3) working day
initial waiting period per injury. The three (3) working day waiting period shall be
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charged to the employee’s sick leave account less Worker’s Compensation insurance
payments. Employees drawing Worker’s Compensation benefits will not receive
supplementary IOD pay or sick leave pay which provides for more after-tax take-home
pay than the employee made while working.
A regular employee who meets the other requirements of this section and who receives
worker’s compensation payments shall be granted accrued sick leave pay in the amount
of the difference between worker’s compensation payments and the employee’s net
salary.
ARTICLE 27 - LONGEVITY PAY AND EDUCATIONAL INCENTIVE
Employees hired after January 1, 1984 shall not be eligible to receive Educational
Incentive Pay under this ARTICLE.
27.1 After four (4) years of continuous employment each employee shall choose to be
paid supplementary pay of three percent (3%) of the employee’s base rate or
supplementary pay based on educational credits as outlined in 27.6 of this
ARTICLE.
27.2 After eight (8) years of continuous employment each employee shall choose to
be paid supplementary pay of five percent (5%) of the employee’s base rate or
supplementary pay based on educational credits as outlined in 27.6 of this
ARTICLE.
27.3 After twelve (12) years of continuous employment each employee shall choose to
be paid supplementary pay of seven percent (7%) of the employee’s base rate or
supplementary pay based on educational credits as outlined in 27.6 of this
ARTICLE.
27.4 After sixteen (16) years of continuous employment each employee shall choose
to be paid supplementary pay of nine percent (9%) of the employee’s base rate
or supplementary pay based on educational credits as outlined in 27.6 of this
ARTICLE.
27.5 Employees may choose supplementary pay either for length of service or for
educational credits no more often than once every twelve (12) months.
27.6 Supplementary pay based on educational credits will be paid to employees after
twelve (12) months of continuous employment at the rate of:
Education Credits stated in Percentage Pay
Terms of College Quarter Credits Increments
45-89 3%
90-134 5%
135 - 179 7%
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180 or more 9%
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 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 28 - WAIVER
28.1 Any and all prior agreements, resolutions, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
consistent with the provisions of this AGREEMENT, are hereby superseded.
28.2 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 this 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 of the parties at the time this contract was negotiated or executed.
ARTICLE 29 - POST LICENSES
The EMPLOYER will pay the cost of maintaining POST licensure.
ARTICLE 30 - DURATION
This AGREEMENT shall be effective as of January 1, 2011 2010 and shall remain in full
force and effect until December 31, 2013 2010. In witness whereof, the parties hereto
have executed this AGREEMENT on this _____ day of __________________, 2012
2010.
16
ARTICLE 31 - WAGES
The EMPLOYER will compensate employees based upon wages established in
Appendix A.
FOR THE CITY OF MOUNDS VIEW: FOR L.E.L.S
17
APPENDIX A
Employees shall receive the following base wages:
Wage Rates
Effective January 1, 2010
2011 2012 2013
Starting Wage
(65% of Top Patrol Rate) $3,587.47 $3641.28 $3695.90
After 6 months of continuous service $3,863.43 $3921.38 $3980.20
(70% of Top Patrol Rate)
After 12 months of continuous service $4,415.34 $4481.58 $4548.80
(80% of Top Patrol Rate)
After 24 months of continuous service $4,967.26 $5041.77 $5117.40
(90% of Top Patrol Rate)
After 36 months of continuous service $5,519.18 $5601.97 $5686.00
(100% of Top Patrol Rate)
Employees classified or assigned by the EMPLOYER as Investigator will receive two
hundred and eighty five ($285.00) per month during the term of this AGREEMENT for
2010.
Employees classified or assigned by the EMPLOYER as School Resource Officer or
DARE Officer will receive one hundred and six ($106.00) per month during the term of
this AGREEMENT for 2010.
Officers so assigned and trained as Field Training Officers shall receive a stipend of
$154.50 per month during the term of this AGREEMENT for 2010 during the period
when actively assigned a trainee for training (or prorated for periods of less than one full
month), in addition to their regular wage.
Employees classified or assigned by the EMPLOYER as K-9 Handler will receive two
hundred dollars ($200) per month in supplemental pay plus one (1) paid day off per
month during the term of this AGREEMENT.
18
APPENDIX B
Maximum Sick Leave Hours Eligible for Employee’s Retirement Health Savings
Plan
Completed
Years of Service
Annual
Accrual
Max Annual Hours
Eligible for Plan
Max Cumulative Hours
Eligible for Plan*
Rate of Transfer
= 50%
1 96 (not eligible) (not eligible) (not eligible)
2 96 96 192 81
3 96 96 288 144
4 96 96 384 192
5 96 96 480 240
6 96 96 576 288
7 96 96 672 336
8 96 96 768 384
9 96 96 864 432
10 96 96 960 480
11 96 20 980 490
12 96 20 1000 500
13 96 20 1020 510
14 96 20 1040 520
15 96 20 1060 530
16 96 20 1080 540
17 96 20 1100 550
18 96 20 1120 560
19 96 20 1140 570
20 96 20 1160 580
21 96 20 1180 590
22 96 20 1200 600
23 96 20 1220 610
24 96 20 1240 620
25 96 20 1260 630
26 96 20 1280 640
27 96 20 1300 650
28 96 20 1320 660
29 96 20 1340 670
30 96 20 1360 680
31 96 20 1380 690
32 96 20 1400 700
33 96 20 1420 710
34 96 20 1440 720
35 96 20 1460 730
* Hours directed to the Plan on an annual basis shall be deducted from the maximum
cumulative eligible for purposes of Plan contribution upon separation. Sick leave balances in
excess of the Eligible Hours as noted herein are not available for reimbursement, payout or
deposit into the plan or as severance in any form.
399825 SJR MU125-11
Kennedy 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: March 22, 2012
To: James Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Consult with City staff regarding contractor safety requirements and potential
legislative changes as to moratoria authority. Consult with City staff regarding
same. Research regarding City’s ability to debar contractors. Matters are
presently pending.
MU125-47: Zoning Matters. Review variance request appeal regarding garage. Review
dynamic wall sign requirements and limitations. Consult with City staff regarding
same. Matter is presently pending.
MU210-164: Utility Franchise Matters. Review Xcel correspondence regarding contracts for
street lights. Matter is presently pending.
MU210-166: Billboard Matters. Review question regarding dynamic billboards and proposed
revisions to City Code. Draft and revise proposed third amended lease, etc.
Consult with City staff regarding same. Forward third amended lease to the City
and others. Work on document execution issues, etc. Matter is presently
pending.
MU210-199: Water Tower Project. Review contract and related documents. Consult with City
staff regarding same. Matter is presently pending.
MU210-200: Duke & King Acquisition Corporation Bankruptcy Matter. Review request for
payment. Legal research regarding same. Draft response to request for payment.
Consult with City staff regarding same. Matter is presently pending.
SJR:jms
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