HomeMy WebLinkAboutCC RES 99-076 A RESOLUTION RATIFYING THE 2000- 2001 AGREEMENT BETWEEN THE LAW ENFORCEMENT LABOR SERVICES, INC., REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT AND THE CITY OF ST. ANTHONY Meeting Sheet
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104938
Box: 31
Folder: RES 1999
Document: CC RES 99-076 A RESOLUTION RATIFYING THE 2000- 2001
AGREEMENT BETWEEN THE LAW ENFORCEMENT LABOR SERVICES,
INC., REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT AND
THE CIN OF ST. ANTHONY
•
CITY OF ST. ANTHONY
RESOLUTION-99-076
A RESOLUTION RATIFYING THE 2000-2001 AGREEMENT
BETWEEN THE LAW ENFORCEMENT LABOR SERVICES, INC.,
REPRESENTING THE ST. ANTHONY POLICE
DEPARTMENT AND THE CITY OF ST. ANTHONY
BE IT RESOLVED, that the 2000-2001 Agreement between the Law
• Enforcement Labor Services, Inc., representing the St. Anthony Police
Department, and the City of St. Anthony is hereby ratified and the Mayor
and City Manager are authorized to execute the Agreement on behalf of
the City.
Adopted this day of 1999.
ayor
ATTEST:
City Clerk
Reviewed for administration:
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4 rn
CITY OF ST. ANTHONY
AGREEMENT WITH LAW ENFORCEMENT
LABOR SERVICES, INC., #186
ST. ANTHONY POLICE DEPARTMENT
January 1 , 2000 - December 31 , 2001
•
TABLE OF CONTENTS
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE I RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE III SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE IV LAYOFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE RECALL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE VI DISCIPLINE AND DISCHARGE . . . . . . . . . . . . . 2
ARTICLE VII PROMOTIONS . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE VIII PERSONAL LEAVE WITH PAY . . . . . . . . . . . . . 3
ARTICLE IX FUNERALLEAVE . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE X LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . 5
• ARTICLE XI HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE XII HOURS OF WORK, WORK SCHEDULES . . 5
ARTICLE XIII OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE XIV UNION VISITATIONS AND NOTICES . . . . . . . . . 6
ARTICLE XV UNION BUSINESS . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE XVI HEALTH AND LIFE INSURANCE . . . . . . . . . . . . 6
ARTICLE XVII WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE XVIII LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE XIX SCHOOLS AND TRAINING SESSIONS . . . . . . . . 7
ARTICLE XX P.O.S.T. BOARD REQUIREMENTS . . . . . . . . . . 9
ARTICLE XXI GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . 9
ARTICLE XXII RIGHT OF SUB-CONTRACT . . . . . . . . . . . . . . 11
ARTICLE XXIII CLOTHING ALLOWANCE . . . . . . . . . . . . . . . . 11
ARTICLE XXIV EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . 11
ARTICLE XXV NON-DISCRIMINATION CLAUSE . . . . . . . . . . . 11
ARTICLE XXVI SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . 12
ARTICLE XXVII DURATION . . . . . . . . . . . . . . . . . . . . . . . . . 12
• AGREEMENT BETWEEN CITY OF ST. ANTHONY AND
LAW ENFORCEMENT LABOR SERVICES #186,
REPRESENTING ST. ANTHONY POLICE
DEPARTMENT EMPLOYEES
INTRODUCTION
This AGREEMENT is hereby made and entered into between Law Enforcement Labor
Services, Inc., hereinafter referred to as the UNION and the City of St. Anthony, a
municipal corporation, hereinafter referred to as the EMPLOYER. The intent and
purpose of this AGREEMENT is to:
1 . Establish certain hours, wages and conditions of employment;
2. Establish procedures for the resolution of disputes concerning this
AGREEMENT'S interpretation and/or application;
3. Specify the full and complete understanding of the parties; and
4. Place in written form the parties' AGREEMENT upon terms and conditions
of employment for the duration of the AGREEMENT.
• The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication
to the highest quality of public service.
ARTICLE I RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative in matters
involving conditions of employment of all essential employees of the City of St.
Anthony, Minnesota, who are public employees within the meaning of Minn. Stat.
179A.03, subd. 14, excluding supervisory and confidential employees.
ARTICLE II UNION SECURITY
In recognition of the UNION as the exclusive representative, the EMPLOYER shall:
1 . Deduct the first pay day of each month an amount sufficient to provide
the payment of such dues or fair share established by the UNION to be
due and payable, and
2. Remit such deduction to the UNION at the earliest practicable date after
collection.
• 3. The UNION may designate-certain employees from the bargaining unit to
act as Stewards and shall inform the EMPLOYER in writing of such
choice.
Page 2
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 under
the provisions of this Article.
ARTICLE III SENIORITY
New employees shall be on a one (1 ) year probationary period. Annually, the
EMPLOYER shall furnish to the UNION a seniority list of the employees showing their
respective dates of hire. There shall be one (1) master seniority list per classification
established based on the employees original date of hire.
Senior qualified Employees shall be given preference in bidding for shifts, within job
classifications. All Employees covered by this AGREEMENT are eligible to bid for shifts
by seniority, except those Employees with less than one (1) year continuous service
in the Saint Anthony Police Department at the time of such bidding, or which are
herein expressly exempted.
Except as otherwise provided in the Contract, the EMPLOYER will not assign an
Employee to work a shift other than the one assigned through the bid process, for the
duration of the bid process, unless the EMPLOYER gives the Employee 24 hours
notice. If a 24 hour notice is not provided, the EMPLOYER shall pay overtime.
Bidding shall commence not less than thirty (30) days prior to the commencement of
the work schedule being bid, and bidding shall be open until twenty (20) days prior to
the commencement of the work schedule being bid.
ARTICLE IV LAYOFF
In the event it becomes necessary to lay off employees for any reason, employees
within one classification shall be laid off in the inverse order of their seniority.
ARTICLE V RECALL
Employees shall be recalled from layoff according to their seniority in their
classification. No new employees shall be hired until all employees on layoff status
desiring to return to work have been recalled. The employee's option to return to work
shall be limited to three (3) years after first notice of recall, subject to EMPLOYER'S
determination of competence.
• ARTICLE VI DISCIPLINE AND DISCHARGE
In the event of discharge, the employee or his representative shall commence any
Page 3
grievance or complaint at Step Three of the grievance procedure. Disciplinary action
shall be for just cause and shall be subject to the grievance procedure.
ARTICLE VII PROMOTIONS
Promotions are solely at the discretion of the EMPLOYER, subject to the following:
1 . There shall be a posting of a job vacancy in the unit for at least ten (10)
days before the official closing of applications.
2. The City shall require such written, oral, performance, psychological and
other examinations or evaluations as deemed necessary to fill the
position. The date(s) of such examination and their respective weight in
determining selection shall be communicated to all candidates before the
first examination.
3. A written notification of promotion and salary shall be given to the
person selected.
ARTICLE VIII PERSONAL LEAVE WITH PAY
1 . Amount allowed. Full time employees shall earn personal leave according to the
following schedule:
Hours Accrued Per Year
0 - 5 years 176 hours
5 - 14 years 216 hours
15 + years 256 hours
Employees using earned personal leave shall be considered to be working for the
purpose of accumulating additional personal leave.
2. Usage. Personal leave may be used as earned, subject to approval by the
Department Head and City Manager of the time at which it may be taken.
In order to allow coordination of personal leave with family and medical leave,
employees seeking to take personal leave may be required to provide enough
information about the purpose of the time off to allow a determination of
whether the time will also qualify for family and medical leave. If the personal
leave also qualifies for family and medical leave, the employee must take both
is leaves simultaneously.
3. Terminal Leave. Any employee leaving the municipal service in good standing
• Page 4
after giving proper notice of such termination of employment, will be
compensated for personal leave accrued and unused to the date of separation
according to the schedule set forth in Section #7.
4. Waiver of Personal Leave Prohibited. No employee is permitted to waive
personal leave for the purpose of receiving double compensation.
5. Procedure. To be eligible for personal leave with pay, an employee shall report
as soon as possible to his or her Department Head the need to take personal
leave and its estimated duration.
6. Workers' Compensation. Employees are covered by the workers' compensation
laws of the State. In the event an employee is disabled and is entitled to
workers' compensation, the employee will keep any workers' compensation
payments received and eligible to receive a bi-weekly pay check equal to 1/3
pay through the use of personal leave benefits. In addition, the employee will
be entitled to earn 1/3 of the amount of the personal leave pay they would
otherwise be entitled to during an absence from their employment. Employees
receiving such workers' compensation will be considered working for the
• purpose of accumulating additional personal leave benefits.
7. Unused Personal Leave Pay. An unused personal leave pay policy is established
subject to the following rules and regulations:
(a) The employee must be in good standing and give proper notice of
termination in the case of resignation.
(b) Qualifying employees shall receive their accumulated personal leave up
to a maximum as listed in the following schedule:
Maximum Payment
0 - 3 years of service '/2 of personal leave accrued
3+ years 480.0 hours
4 + years 528.0 hours
5 + years 600.0 hours
8. Donation of Personal Leave to Employees with Serious Medical Problems.
Employees may voluntarily donate personal leave time in hour increments which
can be converted to use by employees facing serious medical problems or
extended time off due to serious medical problems and who have no
accumulated personal leave time or compensatory time available. The use of
this donated personal leave must be approved by the Department Head and the
City Manager and will be converted to the receiving employee's paid hourly rate.
• Page 5
This does not include temporary or seasonal positions or unionized employees
who have a sick pool that is already established.
ARTICLE IX FUNERAL LEAVE
In the event of the death of any employee's spouse, children, or parents or spouse's
parents, the employee will be granted three (3) days (24 hours). of funeral leave with
pay. In the event of the death of an employee's or his spouse's grandparents, brothers
and sisters, an employee will be granted one (1 ) day's (8 hours) funeral leave with pay.
ARTICLE X LEAVE OF ABSENCE
Employees subpoenaed as witnesses, or called and selected for jury duty shall receive
their regular compensation less jury pay. Mileage allowance not to be considered as
jury pay.
Whenever any employee is delegated to attend conventions of labor which require his
absence from work, the EMPLOYER agrees that such absence shall' be allowed,
provided there is not substantial work interference, and the EMPLOYER is able to make
satisfactory arrangements.
ARTICLE XI HOLIDAYS
All Employees shall observe the following twelve (12) paid holidays each year, plus
an additional eight (8) hours of holiday pay.
New Years Day Labor Day
Martin Luther King Day Columbus Day
Presidents Day Veterans Day
Good Friday Thanksgiving Day
Memorial Day Friday following Thanksgiving Day
Independence Day Christmas Day
ARTICLE XII HOURS OF WORK, WORK SCHEDULES
A normal work day for full time employees may be up to twelve (12) hours. The
normal work week for full time Employees shall be an averaged forty (40) hours.
EMPLOYEES, when ordered to work overtime, shall work no longer than a 16 hour
shift. This schedule shall be in effect until December 31 , 2000. The Chief of Police
has authority to establish shifts for 2001 .
The average work month for Employees for the purpose of computing personal leave
and fractions of a month's work shall be one hundred seventy-three (173) hours.
• Page 6
All Employees will be allowed two work relief periods a shift not to exceed fifteen (15)
minutes each.
ARTICLE XIII OVERTIME
Overtime is defined as all hours worked in excess of an averaged forty (40) hours per
week, in excess of a scheduled shift.
Overtime for all Employees shall be paid as it is earned at the rate of time and one-half
(1-1/2). With the mutual agreement of the EMPLOYER and the Employee, overtime
shall be compensated at the rate of time and one-half (1-1/2) compensatory time off.
Overtime shall be divided on a seniority basis, as equally as possible among all
Employees on the seniority list.
Officers called in for court appearance while off duty will receive a minimum of three
(3) hours pay at time and one-half (1-1/2). Officers required to be "on call" for a court
appearance during time off will receive a maximum of two (2) hours pay at time and
one half (1-1/2).
• ARTICLE XIV UNION VISITATIONS AND NOTICES
A duly authorized representative of the UNION will be permitted to visit the premises
of the EMPLOYER at reasonable times for the purpose of transacting legitimate
business of the UNION, provided there will be no undue and unreasonable interference
with the operation of the department. The UNION shall be allowed to post reasonable
and appropriate UNION notices for employees at a convenient place designated by the
EMPLOYER.
ARTICLE XV UNION BUSINESS
One (1 ) Employee at a time shall be granted leave without pay to attend to UNION
business not to exceed a total of ten work days per calendar year. The EMPLOYER
shall attempt, if possible, to arrange the employee's work schedule so that the
employee will not lose pay.
ARTICLE XVI HEALTH AND LIFE INSURANCE
The EMPLOYER will contribute Four Hundred Sixty-five Dollars ($465.00) per month
for 2000 and Four Hundred Ninety Dollars ($490.00) per month for 2001 towards the
• total cost of the Employee's health and life insurance and any dependent's health
insurance costs. By mutual agreement employees may use up to Fifteen Dollars
($15.00) of health insurance for dental insurance.
• Page 7
If the total cost of the insurance is less than the City contribution, then the City will
refund the difference in a one-time, taxable payment on January 30th for the previous
year. All additional longevity pay in lieu of insurance benefit is hereby terminated.
Employees separating during the year will receive paid refund on a pro-rata basis. (The
provisions of this paragraph will not apply to any employee hired after December 31 ,
1988. Employees hired after that date will not be entitled to such payment in lieu of
insurance coverage or pro-rate refunds.)
ARTICLE XVII WAGES
A. Top Scale Wages 2000/Mo. 2001/Mo.
Police Officer $4,020.27 $4,140.88
B. Wage Step System (for hirees after January 1 , 1982)
Police Officer
Start 75% of Top Scale
After one (1 ) year 85% of Top Scale
After two (2) years 95% of Top Scale
After three (3) years 100% (Top Scale)
C. Field Training Officers will receive one (1) hour of compensatory time for
every day of training, which includes use of force and firearms
instruction.
D. Pay Days. Employees will be paid every two weeks on the alternate
Fridays. When a holiday falls on a Friday pay day, employees will receive
their paychecks on the preceding Thursday. When two-day holidays fall
on the Friday pay day and the Thursday preceding the Friday pay day,
employees will receive their pay checks on the preceding Wednesday.
ARTICLE XVIII LONGEVITY
Employees with the required service credit shall receive longevity pay according to the
following:
Five (5) years but less than ten (10) $100/month
Ten (10) years but less than fifteen (15) $150/month
Fifteen (15) years or more $200/month
ARTICLE XIX SCHOOLS AND TRAINING SESSIONS
• Page 8
All employees shall be required to attend such schools or training sessions as may be
required by EMPLOYER. Attendance at sessions scheduled while officers are off duty
shall be voluntary for those officers. Compensation for such attendance is considered
included in the approved salary schedule unless EMPLOYER is reimbursed from an
outside source.
It shall be the policy of the City of St. Anthony to maintain a College Incentive
Program according to the following provisions for employees hired prior to February
1 , 1986.
1 . In order to qualify for the program, earned college credits
be graded "C" or better or pass in a pass, no pass grading system and
must be certified to and approved by the EMPLOYER.
2. This program shall be based upon the quarter credits system as practiced
at the University of Minnesota. Courses based on any other credit
system shall be converted to the quarter credit system by the
EMPLOYER.
• 3. The College Incentive Compensation, in addition to base salary, shall be
paid at the rate of forty cents ($.40) per approved credit per month, up
to a maximum of one hundred thirty-five (135) quarter credits. A four (4)
year degree, consisting of one hundred eighty (180) or more quarter
credits shall be compensated, in addition to base salary, at the rate of
eighty (80) or more quarter credits shall be compensated, in addition to
base salary, at the rate of eighty dollars ($80.00) per month.
4. Candidates for College Incentive Compensation must have completed
twelve (12) months consecutive service with the St. Anthony Police
Department.
5. College Incentive Compensation for the first one hundred thirty-five (135)
quarter credits shall be computed January 15th and July 15th.
6. College Incentive Compensation shall be considered in computing rates
for overtime.
7. The operation of the College Incentive Program and creation of any
necessary regulations related thereto shall be administered by the City
Manager with the approval of the City Council.
• 8. In order for an employee to continue to receive College Incentive
Compensation six (6) credit hours of training outside of normal
• Page 9
departmental training must be acquired each two (2) years. For each two
(2) year period that an employee doesn't meet this requirement he shall
have six (6) credits dropped from his approved schedule until such time
as he completes the required work or all credits are removed from his
approved list. Individuals who achieve AA degree in Law Enforcement
or a four year degree will be exempt from the above.
9. Credits on courses taken that may not be accredited courses may be
used if approved by the EMPLOYER for maintaining one's compensation
level.
10. Employees covered under this program are grandfathered at current rates
unless application of the provisions of Subd. 8 of this Article would cause
those monthly amounts to decrease, in which case such benefits will be
accordingly reduced.
ARTICLE XX P.O.S.T. BOARD REQUIREMENTS
The EMPLOYER will contribute 100% of the cost of any necessary license fee and
• application for such license under the Peace Officer Standards and Training Act
(P.0.S.T.).
The EMPLOYER is to make every effort possible to provide the necessary P.O.S.T.
certified training required under the current law during the course of duty time. In the
event that it is not possible to provide necessary P.O.S.T. certified training during duty
time, the employees will be reimbursed in the form of compensatory time off for off
duty training hours at the rate of time and one-half, effective from the date the
agreement is signed.
ARTICLE XXI GRIEVANCE PROCEDURE
1 . This grievance procedure is established for the purpose of resolving
disputes involving the interpretation or application of this AGREEMENT.
2. The EMPLOYER will recognize Stewards selected by the UNION as the
grievance representatives of the bargaining unit. The UNION shall notify
the EMPLOYER in writing of the Stewards and of their successors when
so named.
3. A grievance is defined as a dispute over the interpretation or application
of this AGREEMENT.
4. Grievances shall be resolved in the following manner:
• Page 10
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 present such grievance to the
employee's immediate supervisor designated by the EMPLOYER. The
EMPLOYER-designated representative will give a final answer to Step 1
grievance within ten (10) calendar days. If a grievance is not resolved in
Step 1 , such grievance shall be placed in writing and referred to Step 2
within ten (10) calendar days after the EMPLOYER'S final answer in Step
1 . Any grievance not referred in writing by the employee within ten (10)
calendar days shall be considered waived.
STEP 2. The written grievance shall be presented personally to the
employee's department head or other EMPLOYER-designated
representative. A copy will be sent by registered mail, return requested
to the City Manager. The EMPLOYER-designated representative shall
give the employee the EMPLOYER'S Step 2 answer within ten (10)
calendar days after receipt of such Step 2 grievance. If a grievance is
not resolved in Step 2, such grievance shall be referred to Step 3 within
ten (10) calendar days following the EMPLOYER-designated representa-
tive's final Step 2 answer. Any grievance not referred in writing by the
employee within ten (10) calendar days shall be considered waived.
Step 3. The written grievance shall be presented personally to the
EMPLOYER-designated representative (City Manager). The EMPLOYER-
designated representative shall give the EMPLOYER'S answer within ten
(10) calendar days after receipt of such Step 3 grievance. If a grievance
is not resolved in Step 3, such grievance shall be referred to Step 4
within ten (10) calendar days following the EMPLOYER-designated
representative's final Step 3 answer. Any grievance not referred in
writing by the employee within ten (10) days shall be considered waived.
Step 4. Unresolved grievances are subject to the arbitration provisions
of Minnesota Statutes, Section 179.70. The arbitrator shall not have the
right to amend, modify, nullify, ignore, add to, or subtract from the
provisions of this AGREEMENT. He shall consider and decide only the
specific issue submitted to him in writing by the EMPLOYER and the
UNION and shall have no authority to make decision on any other issue
not so submitted to him. The arbitrator shall be without power to make
decisions contrary to or inconsistent with or modifying or varying in any
way the application for laws, rules or regulations having the force and
• effect of the law. The arbitrator shall submit his decision in writing
within thirty (30) days following the close of the hearing or the
submission of briefs by the parties, whichever is later unless the parties
• Page 11
agree to an extension. The decision shall be based solely upon the
arbitrator's interpretation or application of the express terms of this
AGREEMENT on the facts of the grievance presented.
All documents, communications and records dealing with a grievance
shall be filed separately from the personnel files of the involved
employee(s).
The time limits established in this Article may be extended or modified by
mutual consent of the EMPLOYER and the UNION and shall be in writing.
Employees shall be allowed reasonable time to process grievances during
working hours without loss of pay.
ARTICLE XXII RIGHT OF SUB-CONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from
sub-contracting work performed by employees covered by this AGREEMENT.
• ARTICLE XXIII CLOTHING ALLOWANCE
Uniform allowance shall be $500.00 per year for each officer to be paid to the officer
as a reimbursement for uniform expenses. Protective clothing, i.e., bullet-proof vests,
etc. will be provided by the EMPLOYER, per Federal and State regulations. The
EMPLOYER will supply at no cost to the Employees all required uniform items and
reasonable replacements upon initial hire. New hirees will not qualify for uniform
allowance until they complete one year of service.
ARTICLE XXIV EMPLOYER AUTHORITY
The UNION recognizes the prerogative of the EMPLOYER to operate and manage its
affairs in all respects in accordance with existing and future laws and regulations of
appropriate authorities including municipalities personnel policies and work rules. Rules
and regulations shall be reasonable and consistent with this AGREEMENT and applied
uniformly and without discrimination. The prerogatives and authority which the
EMPLOYER has not officially abridged, delegated or modified by this AGREEMENT are
retained by the EMPLOYER.
ARTICLE XXV NON-DISCRIMINATION CLAUSE
The provisions of the AGREEMENT shall be applied equally and without discrimination
• by the EMPLOYER and the UNION to all employees regardless of race, color, creed,
Page 12
• religion, national origin, sex, marital status, status with regard to public assistance,
disability, or age.
ARTICLE XXVI SAVINGS CLAUSE
In the event any provision of this AGREEMENT shall be held to be contrary to law by
a court of competent jurisdiction from whose final judgment or decree no appeal has
been taken within the time provided, such provision shall be voiced. All other
provisions shall continue in full force and effect. The voiced provision shall be
renegotiated at the request of either party.
ARTICLE XXVII DURATION
This AGREEMENT shall be effective as of the first day of January, 2000 and shall
remain in full force and effect until the thirty-first day of December, 2001 .
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
_ (J� day of Decern bar , 1999.
Articles in the contract may be rewritten by mutual agreement of the parties. If no
agreement is reached, all articles will remain as is.
• CITY OF ST. ANTHONY FOR LAW ENFORCEMENT LABOR SERVICES,
INC., #186
C"EIts Mayor
/AftsCi4tyanager - -
•