HomeMy WebLinkAbout2007-031 CCRMember Kay Tasman introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2007-31
RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT
LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN
CENTER FOR THE CALENDAR YEARS 2007-2008
WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states
that the City Council is to fix the salary or wages of all officers and employees of the City; and
WHEREAS, the City has negotiated in good faith with LELS Local 82 (Police
Officers) for a contract for the years 2007-2008 as attached; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with
LELS Local 82 (Police Officers) for calendar years 2007-2008 with such language changes as may
be necessary to clarify any terms, provided such language changes do not change the substance or
monetary compensation set forth in the attached contract.
BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to
exceed the maximum contained herein shall become effective according to the schedule of the
contract which commences January 1, 2007.
Februarv 12, 2007
A .Date Mayor
ATTEST:/,A&A ` )
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Dan Ryan
and upon vote being taken thereon, the followi ot~d ' av r thereof:
Tim Willson, Kay Lasman, Dan Ryan, an~gN~ark ' elich;
and the following voted against the same: Mary O'Connor;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 007-31
1
Master Labor Agreement
Between
City of Brooklyn Center
And
Law Enforcement Labor Services, Local Number 82.
(Police Officers)
January 1, 2007 - December 31, 2008
RESOLUTION NO. 2007-31
TABLE OF CONTENTS
ARTICLE PAGE
I Purpose of Agreement 1
2 Recognition 1
3 Definitions 1
4 Employer Security 2
5 Employer Authority 2
6 Union Security 2
7 Savings Clause 2
8 Constitutional Protection 2
9 Seniority 3`
10 Work Schedules 4
11 Discipline 4
12 Employee Rights - Grievance Procedure 5
13 Overtime 7
14 Court Time 8
15 Call Back Time 8
16 Working Out of Classification 8
17 Standby Pay 8
18 Leaves of Absence 9
19 Severance 9
20 Injury on Duty 9
21 False Arrest Insurance 10
22 Training 10
23 Post License Fees 10`
24 Uniforms 10
25 Longevity and Educational Incentive 10
26 Holiday Leave 11
27 Vacation heave 12
28 Sick Leave 12
29 Insurance 13
30 Wage Rates 14
31 Benefits for Retirees 16
32 Mileage and Expense Reimbursement 16
33 Light Duty 16
34 Agreement Implementation 16
35 Waiver 16
36 Duration 17
RESOLUTION NO. 2007-31
ARTICLE 1-- Purpose of Agreement
This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer,
and Law Enforcement Labor Services, 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 the Minnesota Public
Employment Labor Relations Act, for all police personnel in the following job classifications:
Detective Police Officer
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a
new or modified job class, the issue shall be submitted to the Bureau. of Mediation Services for
determination.
ARTICLE 3 - Definitions
3.1 UNION: Law Enforcement Labor Services.
3.2 UNION MEMBER: A member of Law Enforcement Labor Serviees.
3.3 DEPARTMENT: The City of Brooklyn Center Police Department.
3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.5 EMPLOYER: The City of Brooklyn Center.
3.6 CHIEF: The Chief of the Brooklyn Center Police Department.
3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No.
82).
3.8 DETECTIVE: An employee specifically assigned or class 01 ed by the Emplover to the job
classification and/or job position of Detective.
3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the
employee's scheduled shift.
3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break.
3.11 REST BREAKS: Period during the scheduled shift during ,vhich the employee remains on
continual duty and is responsible for assigned duties.
3.12 LUNCH BREADS A period during the scheduled shift during which the employee remains on
continual duty and is responsible for assigned duties.
3.13 REGULAR. BASE PAY RATE: The employee's hourly or monthly base pay rate, including
educational incentive pay, longevity pay, and differential for detective and school liaison officer
excluding any other- special allowance.
3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position,
the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and.
proper performance of the duties of employment for the purposes of inducing, influencing, or
coercing a change in the conditions or compensation or the rights, privileges, or obligations of
employment.
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RESOLUTION NO. 2007-31
ARTICLE 4 - Employer Security
The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate
in, or support any strike, slowdown, or other interruption of or interference with the normal functions of
the Employer.
ARTICLE 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 program; 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 the wages of employees who authorize such a deduction in writing an
amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the
Union.
6.2 The Union may designate employees from the bargaining unit to act as a steNvard and an alternate
and shall inform the Employer in writing of such choice and changes in the position of steward
and,lor alternate.
6.3 The Employer shall mare space available on the employee bulletin hoard 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 - Savings Clause
This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of
Brooklyn Center. In the event any provision of the 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 maybe renegotiated at the written request of either party.
ARTICLE 8 - Constitutional Protection
Employees shall have the rights granted to all citizens by the United Statesand Minnesota
Constitutions.
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RESOLUTION NO.2007- 1
ARTICLE 9 - Seniority
9.1 Seniority shall be determined by continuous length of service in all of the jots classifications
covered by this Agreement. Employees promoted or assigned to classifications covered by
this Agreement shall accrue classification seniority in the promoted or assigned classification
in addition to bargaining unit seniority.. Employees promoted from classifications covered by
this Agreement to a position outside the bargaining unit will continue to accrue seniority
under this Agreement until the completion of their promotional probationary period or for no
longer than twelve (12) months. The seniority roster shall be based on length of service in all
of the job classifications covered by this Agreement. Employees lose seniority under this
Agreement under the fallowing circumstances: resignation, discharge for cause, or transfer
or promotion to a classification not covered by this Agreement after completion of the
promotional probationary period or for no longer than twelve (12) months after transfer or
promotion.
9.2 There shall be an initial probationary period for new and promoted employees of twelve (12)
months. During the probationary period, a newly hired or rehired employee maybe
discharged at the sole discretion of the Employer. During the probationary period a promoted
or reassigned employee maybe replaced in their previous position at the sole discretion of the
Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer
shall give the Union and the employees at least two (2) weeks written notice in advance of
any layoff. 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 (2) years of the time of the
layoff before any new employee is hired.
9.4 Senior employees will be given preference with regard to transfer, job classification
assignments, and promotions when the job-relevant qualifications of employees are equal.
9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18)
months of continuous full-tune employment. Except as noted in the preceding sentence,
shift assignments shall be bid on the basis of seniority on April 1 for the period May 1
through October 31 and October 1 for the period November 1 through April 30, or after a
permanent change in the work schedule. A permanent change in the work schedule will not
result in re-bidding the work schedule if the permanent change in the work schedule would be
effective within 90 days of April 1 or October 1. If the work schedule is to be re-bid by virtue
of a permanent change in the work schedule, shift assignments will be re-bid within 30 days
after any permanent change in the work schedule. Employees will not be subject to shift
rotation more often than every four (4) months.
9.6 The Employer shall recognize reverse seniority by classification as the primary factor when
calling off-duty employees to duty and when considering scheduled duty changes if such
employees are qualified.
9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of
each calendar year.
RESOLt1`lON NO. 2007-31
9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave
and compensatory time leave.
9.9` No time shall be deducted from an employee's seniority accumulation due to absences
occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or
any military draft or government call-up to Reserves or National Guard.
ARTICLE 10 - Work Schedules
10.1 The non-nal,, ork 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, and
d. authorized leave time.
10.2 Author] zed leave time (including holiday hours) is to be calculated OD the basis of the actual
hours used for such leave based on the time that the employee would otherwise have been
scheduled to work.
10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of minimum or
maximum number of hours the Employer may assign employees.
ARTICLE 11- Discipline
13.1 The Employer will discipline employees for just cause only. Discipline will be in one or
more of the following forces:
a. oral reprimand;
b. written reprimand;
suspension;
d. demotion; or
e. discharge.
11.2 Suspension, 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 direct
supervision of the Employer.
11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed
from the personnel file after 18 months if, during that time, the single incident of discipline
for failure to attend training, court or tardiness, is the only occurrence of discipline during
that 19 month period:.
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I ESOL,UTION NO. 2007-31
11.6 Discharges will be preceded by a five (5) day suspension without pay.
11.7 For purposes of discipline, a day will mean eight (8) hours.
11.8 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.
11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance
procedure under Article 12.
ARTICLE 12 - Employee Rights Grievance Procedure
12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of this Agreement.
12.2 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 names of such Union Representatives and of their successors when so designated as
provided by 6.2 of this Agreement.
12.3 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 jab ditties 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 allocated areasonable amount of time without
loss in pay when a grievance is investigated and presented to the Employer during normal
working hours provided that the Employee and the Union Representative have notified and
received the approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs of the Employer.
12.4 Procedure Grievances, as defined by Section 12.1, shall be resolved in conformance with
the following procedure:
Stem I. 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 i
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.
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1~ ESOLUTION NO. 2007-31
Ste, 2. If appealed, the written grievance shall be presented by the Union and discussed with
the Employer-designated Step 2 representative, The Employer-designated representative
shall give the Union the Employer's Step 2 answer in writing within tent (10) calendar days
after receipt of such Step 2 grievance. A grievance not resolved in Step 2 maybe appealed to
Step 3 within ten (10) calendar days- following the Employer-designated representative'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 Employer-designated Step 3 representative. The Employer-designated representative
shall give the Union the Employees 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 shah 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 timelines 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.
Stev 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union
shall be submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act 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.
12.5 Arbitrator's Authority
a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this Agreement. The arbitrator shall consider and
decide only the specific issue(s) submitted in writing by the Employer and the Union,
and shall have no authority to make a decision on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, rules, or regulations
having the force and effect of law. The arbitrator's 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
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RESOLUTION NO, 2007-31
it pays for the record. If both parties desire a verbatim record of the proceedings, the
cost shall be shared equally.
12.6 Wainer
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.
ARTICLE 13 - Overtime.
13.1 Employees will be compensated at one and one-half (I Vi) times the employee's regular base
pay rate for hours worked in excess of the employee's regularly scheduled shift. Cbanges of
shift do not qualify an employee for overtime under this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as
unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours_ worked shall not be
pyramided, compounded, or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest six (6) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by the Employer
unless unusual circumstances prevent the employee from so working.
13.7 When uniformed patrol employees have less than twelve (12) hours of duty-free time
between assigned shifts, they will be compensated at a rate of one and one-half (I f2/ times
the employee's regular vase pay rate for the next shift. For purposes of this Article, shift
extensions, elected overtime, voluntary changes of shifts, City-contracted work, training, and
court time are considered as duty-free time. The twelve (12) hour requirement may be
waived by mutual Agreement between the Employee and the Police Administration.
13.8 As an option to monetary compensation for overtime, an employee may elect compensatory
time off at a rate of one and one-half (I fz) time. An employee's compensatory time bank
shall not exceed forty (40) hours at any time during a calendar year. On or about December 1
of each year, the City will pay off by check the balance of compensatory time accumulated by
each police officer. No compensatory time will be accumulated or used during the month of
December. Special overtime duty assignments made available to all positions by the Chief of
Police at the police officer's rate of compensation will not be eligible for compensatory time.
Compensatory time off shall be granted only at the convenience of the Employer with prior
approval of the Employer-designated supervisor.
RESOLUTION NO. 2007-31
13.4 Employees given less than sixteen (lb) hours notice of a scheduled duty change other than
their regularly scheduled work period shall be compensated at one and one-half (I /2) times
the employee's regular pay rate for hours worked outside of the scheduled work period.
ARTICLE 14 - Court Time
An employee who is required to appear in court during their scheduled off-duty time shalt receive a
minimum of three (3) hours pay atone and one-half (1 lx) times the employee's base pay rate. An
extension or early report to a regularly scheduled shift for court appearance does not qualify the
employee for the three (3) hour minimum. Employees shall not be required to work office or street
duty to qualify for the court time minimum.. An employee who is required to appear in court during
their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court
appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee
will receive the three (3) hour court time minimum.
14.1 Any employee who is on their scheduled days off and is canceled from a court appearance
with less than twelve hours notice, shall receive the short notice provision of Article 14.
14.2 Any employee who is canceled from a court appearance with less than twelve hours notice
during their scheduled work week, shall not be eligible for the short notice prevision of
Article 14.
14.3 Any employee who appears in court during their scheduled work. week shall be paid the
Article 14 minimum or the actual time spent, whichever is greater.
14.4 Any employee who is placed on stand-lay for court should retain a copy of the notice placing
them o stand-by, or obtain the name of the person placing them on stand-by. The employee
will be paid the Article 14 minimum or Article 17 pay, whichever is greater.
ARTICLE 15 - Call Back Time
An employee who is called to duty during their scheduled off-duty time shall receive a minimum of
two (2) hours pay at one and one-half (I '/z) times the employee's base pay rate. An extension or
early report to a regularly scheduled shift for duty does not qualify the employee for the two (2)
hours minimum.
ARTICLE 16 - Working Out Of Classification
Employees assigned ley the Employer to assume the full responsibilities and authority of a higher job
classification shall receive the salary schedule of the higher classification for the duration of the
assignment.
ARTICLE 17 -Standby Pay
Employees required by the Employer to standby shall be paid for such standby time at the rate of one
boar's pay for each hour on standby.
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Rl SOLUTiON NO. 2007-31
ARTICLE 18 Leaves of Absence
18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall'
grant to employees a leave of absence without pay for extended personal illness after the
accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90)
calendar days. Upon granting such unpaid leave of absence, the, Employer Nvi.ll not
permanently fill the employee's position and the employee's benefits and rights shall be
retained.
18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount
paid' for such service (exclusive of travel and expense pay) and compensation for regularly
scheduled working hours lost because of jury service.
18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not
exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence
without loss of status. Such employees shall receive compensation from the Employer equal
to the difference between hisxeguIar pay and the lesser military pay.
18.4 Employees called and ordered by proper authority to active military service in time of war or
other properly declared emergency shall be entitled to leave of absence without pay during
such service.. Upon completion of such service, employees shall be entitled to the same or
similar employment of like seniority, status, and pay as if such leave had not been taken,
subject to the specific provisions of state and federal' law.
18.5 Members of the bargaining unit will receive such additional leaves as provided for under
State or Federal law, as the same laws may be amended from time to time.
18.6 Additional leaves of absence maybe granted in the City Manager's discretion upon the same
tenns and conditions as then applicable to non-Union employees pursuant to the City's
Persortnel policy applicable to non-Union employees at the time of application for a leave of
absence.
ARTICLE 19 - Severance
19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his
employment.
19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to
their credit at the time of resignation or retirement, times their respective regular pay rate,
shall be paid to employees who have been employed for at least five (5) consecutive years. If
discharged for just cause, severance pay shall not be allowed.
ARTICLE 20 _ 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
Workers' Compensation insurance payments for a period not to exceed 720 hours 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.
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RESOLUTION NO. 2007-31
ARTICLE' 21- False Arrest Insurance
The City of Brooklyn Center shall maintain liability insurance that includes a provision for
unlawfully detaining an individual' when an employee is acting within the scope of their duties on
behalf of the City of Brooklyn Center.
ARTICLE 22 - Training
22.1 The Employer shall reimburse each employee who is required to maintain a license as a law
enforcement officer under Minnesota Statutes, Section 626.84, et ss, for actual expenses of
tuition., meals, travel, and lodging incurred in meeting the continuing education requirements
of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of
such training every three (3) years. The Employer need not make such reimbursement for
attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and
such reimbursement shall not exceed similar allowances for state employees. If the Employer
provides in-service training to its employees which meets the continuing education
requirements of the Minnesota Police Officers Standards and 'T'raining Board, and if the
Employer provides its employees with an opportunity to attend such in-service training
courses, to the extent that such opportunity is provided to each employee, the obligation of
the :Employer to reimburse such employee for expenses incurred in attending continuing
education courses shall be reduced.
22.2 The Employer shalt pay each employee a minimum of their regular salary for all scheduled
course hours while attending Employer approved or Employer required continuing education
courses,. whether or not such courses attended are in-service training courses or courses given
by instructors other than the Employer. Should a course exceed the scheduled course hours,
the Employer shall pay the employee for the actual hours in attendance.
ARTICLE 23 - Post License. Fees
The Employer shall pay up to $94 for the cost of POST license fees for all employees requiring such
license during each license period.
ARTICLE 24 - Uniforms
The Employer shall provide required uniform and equipment items. In addition, the Employer shall
pay to the uniformed officers a maintenance allowance of $135 per year. Plainclothes officers,.
including the trainee, shall be paid a clothing allowance of $570 per year.
ARTICLE 25 - Longevity and Educational Incentive
25.1 After twelve (12) years of continuous employment, each employee shall choose to be paid
supplementary pay of $109 per month or supplementary pay based on educational credits as
outlined in 25.4 of this Article.
25.2 After sixteen (16) years of continuous employment, each employee shall choose to be paid
supplementary lay of $192 per month or supplementary pay based on educational credits as
outlined in 25.4 of this Article.
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RESOLUTION NO. 2007-31
253 Employees may choose supplementary pay either for length of service or for educational
credits no more often than once every twelve (12) months.
25.4 Supplementary pay based on educational credits will be paid to employees after twelve (12)
months of continuous employment at the rate of:
Bachelor's Degree $109/month Master's Degree $192/month
ARTICLE 26 - Holiday Leave
26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96) hours of
holiday leave shall be advanced to employees on January I' of each calendar year beginning
on January 1" 2002. In the event an employee is not employed for the entire calendar year,
the employee's holiday leave shall be reduced by eight (8) hours for each full month that the
employee will not have worked in that calendar year.
26.2 Employees may use holiday leave with the approval of the Employer.
26.3 An employee who works on New Year's Day, Independence Day, Labor .Day, Thanksgiving
Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King
lay, or President's Day shall receive one and one-half (1 V2) times the employee's regular
pay rate for all hours actually worked daring the named holiday.
26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours
worked on holidays when such work is part of the planned: schedule.
26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3,
and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will
receive two times the employee's regular pay rate for all hours actually worked during the
named holiday in lieu of one and one-half (1 Vz) times the employee's regular pay rate under
Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and
26.4 and shall not be eligible for payment pursuant to 26.5.
26.6 An employee may request a holiday off, which they are required to work, prior to fourteen
calendar days before the holiday. The Employer shall post the open holiday shift to be filled
by another employee at the holiday rate of pay. The employee snaking the request for the
holiday off is responsible for working the holiday if the posting is not filled five (5) days
prior to the holiday.
26.7 Employees beginning, employment after January I' of a calendar year shall receive eight (8)
hours of holiday leave per month beginning on the first month in which they are working as
of the first day of that month. Such employees shall receive an advance of holiday leave
hours equal to eight (8) hours multiplied by the number of whole months they will work
through December of the year in which they were first employed.
26.8 Any holiday leave not used on or before December 31st of each year will be deemed forfeited
and shall not carry over into the next calendar year.
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RESOLUTION NO. 2007-31
ARTICLE 27 Vacation Leave
27.1 Permanent full-time employees shall earn vacation leave with pay as per the fallowing
schedule:
0 through S years of service - eighty (80) hours per year (accrued at 3.08 hours
per pay period)
6 through 10 years of service - one hundred twenty (120) hours per year
(accrued at 4.62 hours per pay period)
eight (8) additional hours per year of service to a maximum of one hundred'
sixty (160) hours after fifteen (15) years of service
1 I years - 4.92 hours per pay period
12 years - 5.23 hours per pay period
13 years - 5.54 hours per pay period
14 years 5.85 hours per pay period
15 years - 6.15 hours per pay period
27.2 Employees using earned vacation leave or sick leave shall be considered working for the
purpose of accumulating additional vacation leave.
27.3 Vacation may be used as earned, except that the Employer shall approve the time at which
the vacation leave may be taken. No employee shall be allowed to use vacation leave during
their initial six (6) months of service. Employees shall not be permitted to waive vacation
leave and receive double pay.
27.4 Employees with less than five (5) years of service may accrue a maximum of one hundred
twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen
(15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years
duration in any single layoff period) may accrue a maximum of one hundred sixty (160)
hours of vacation leave. Employees with fifteen (15) consecutive years or more of service
(uninterrupted except for layoff not exceeding two (2) years duration in any single layoff
period) may accrue a maximum of two hundred thirty (230) hours of vacation leave.
27.5 Employees leaving the service of the Employer shall be compensated for vacation leave
accrued and unused.
ARTICLE 28 - Sick Leave
28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of
eight (8) hours per month or ninety-six (96) hours per year (computed at 3.69 hours per pay
period) of full-time service or major fraction thereof, except that sick leave granted.
probationary employees shall not be available for use during the first six (6) months of
service.
28.2 Sick leave shall be used normally for absence from duty because of personal illness or legal
quarantine of the employee, or because of serious illness in the immediate family. hnmediate
family shall mean brother, sister, parents, parents-in-law, spouse, or children of the employee.
Sick !cave may be used for the purpose of attending the funeral of immediate family
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RESOLUTION NO. 2007-31
members plus brothers-in-law, sisters-in-law, grandparents, grandparents -in-law, and
grandchildren of the employee. In addition to the preceding conditions, supervisors may
approve the use of sick leave, up to a maximum of four (4) days (32 Fours) per calendar year.
for the care of the employee's children or spouse when the employee's supert,isor determines
that the situation requires the employee's presence. The four (4) special-use days (32 hours)
cannot be accumulated from one year to the next, and if they are not used, they are included
in the employee's norrnal sick-leave accumulation.
28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety-six (96) hours per
year until nine hundred: sixty (960) hours have been accumulated (shall be computed at 3.69
hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have
been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty-
eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously
vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2)
hours per month or twenty-four (24) hours per year (computed at .925 hours per pay period).
Employees using earned vacation or sick leave shall be considered to be working for the
purpose of accumulating additional sick leave. Workers' Compensat] on benefits shall be
credited against the compensation due employees utilizing sick leave.
28.4 In order to be eligible for sick leave with pay, an employee must:
a, notify the Employer prior to the time set for the beginning of their normal scheduled
shift;
b. keep the Employer informed of their condition if the absence is of more than three (3)
days duration.;
C. submit medical certificates for absences exceeding three (3) days, if required by the
Employer.
28.5 Employees abusing sick leave shall be subject to disciplinary action.
28.6 An employee who has accumulated 960 hours of sick leave and who uses not more than the
equivalent of two regularly scheduled shift's worth of sick leave hours its a calendar year
shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts'
compensation at the employee's regular rate of compensation.
ARTICLE 29 - Insurance
29.1 2007 Full-thne emp1gvees
Effective l/ 1/07„ the City will contribute payment of seven hundred thirty-one dollars and
forty-six cents ($731.46) per month per employee for use in participating in the City's
insurance benefits.
29.2 2008 Full-time employees
Open for negotiations,
29.3 life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide
payment for premium of basic life insurance in the amount of $10,000. The employee may
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RESOLUTION NO. 2007-31
use the remainder of the contribution (limits as stated above) for use as provided in the
Employer's Benefit Plan. The Employer will make a good faith effort to provide the
fallowing options for employee selection: group dental; supplemental life, long-term
disability, deferred compensation or cash benefits. The Employer will be excused from the
requirement of offering a particular option where such becomes unfeasible because of
conditions imposed by an insurance carrier or because o other circumstances beyond the
City's control..
ARTICLE 30 - Wage Rates
REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including.
educational incentive pay, longevity pay, and differential for detective, drug task force and school
liaison officer; and excluding any other special allowance.
30.1 Effective 3anuarv 1, 2007 Police Officer base rate:
(P5)
After 36 months of continuous employment
(P4)
After 24 months of continuous employment
(P3)
After 12 months of continuous employment
(P2)
After 6 months of continuous employment
(P1)
Starting rate 68%n of After 36 months rate
$5269 per month
93% of After 36 months rate
86% of After 36 months rate
79%0 of After 36 months rate
Effective Julv l 2007 Police Officer base rate:
(P5) After 36 months of continuous employment $5308 per month.
(P4) After 24 months of continuous employment 93% of After 36 months rate
(P3) After 12 months of continuous employment 86%0 of After 36 months rate
(P2) After 6 months of continuous employment 79%e of After 36 months rate
(Pl) Starting rate 68% of After 36 months rate
Effective Jan arv 1. 2008 Police Officer base rate:
(P5) After 36 months of continuous employment $5454 per month
(P4) After 24 months of continuous employment 93%0 of After 36 months rate
(P3) After 12 months of continuous employment 86% of After 36 months rate
(P2) After 6 nionths of continuous employment 79% of After 3 months rate
(P 1) Starting rate 68% of After 36 months rate
.Effective Julv 1. 2008 Police Officer base rate:
(P5) After 36 months of continuous employment
(P4) After 24 months of continuous employment
(P3) After 12 months of continuous employment
(P2) After 6 months of continuous employment
(PI) Starting rate 68% of After 36 months rate
$5495 per month
93% of After 36 months rate
86%v of After 36 months rate
79% of After 36 months rate
30.2 Employees classified or assigned by the Employer to the following job classifications or
positions will receive two hundred dollars ($200) per month or two hundred dollars ($200)
prorated for less than a full month in addition to their regular wage rate.
School Liaison Officer Detective Drug Task Force
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RESOLUTION NO. 2007-31
30.3 Detectives Servina Can-Call: Detectives will work a schedule which requires them to serve
on-cail on a rotating basis. The City will pay each Detective serving on-call on a rotating
basis one hundred sixty-five dollars ($165.00) per month in addition to their regular wage.
Detectives who are called back to duty while serving on-call will be paid according to Article
15 of the labor Agreement. Officers assigned to work with the Detectives for training
purposes will not receive the one hundred sixty-five ($165.00) per month nor will they be
required to serve on-call.
30.4 Employees classified or assigned by Employer to the position of Field Training Officer
(FTO.) will receive an additional $2.00 per hour in addition to their regular wages for, time
spent in field supervision.
30.5 When there is no Sergeant o duty, and senior management personnel do not assume
command of the shift, the senior officer working will be in charge of the shift. The senior
officer working the shift will have the choice to opt out of working as officer in charge of
the shift. An election to opt out of working as officer in charge of the shift shall be
effective for the balance of the calendar year. Officers wishing to make an election to opt
out of serving as officer in charge of the shift shall make such election during the first 2
weeks of January. Employees may opt out of working as senior officer in charge of shift on
an annual basis at the beginning of each year.
The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00).
Officer in charge pay will be calculated to the nearest six (6) minutes.
30.6 Field Training Officers while serving in the capacity of a Field Training Officer (working
with a new police officer) shall not serve as the senior officer in charge.
30.7 Employees classified by the Employer to the canine handler classification will receive the
following in addition to their regular wage rate:
a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog
maintenance and care at the officer's home.
b. The officer will receive forty-five (45) minutes of overtime pay for dog maintenance,
care, and training for each of the officer's scheduleddays off.
C. When the officer uses tin ie off (sick, vacation, or comp time) for any whole scheduled
shift, he must take time equivalent to one-half hour less than whole shift and be paid
for whole shift.
d. When the officer uses holiday time for any whole schedule shift, he must take eight
(8) hours of leave time and will be paid for eight (8) hours.
e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is
less than the full_ eight (8) hours, he must take the actual time used in leave time.
f. When dog is out of the care of the canine officer, all above items do not apply.
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RESOLUTION NO. 2007-31
ARTICLE 31- Benefits For Retirees
Retirees at the time of retirement shall receive the same options and level of City contribution for
insurance coverage upon retirement as are provided by the City's Personnel Policy covering non-
Union employees as such options and contributions maybe changed by the City from time to time.
ARTICLE 32 - Mileage and Expense Reimbursement
Employees shall receive the same mileage and expense reimbursement rates upon the same terms
and conditions as generally provided in the City's Personnel Policy covering non-Union employees
as such policy may be changed by the City from time to time.
ARTICLE 33 - Light Dusty
Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of
the City Manager upon such terms and conditions as would apply to non-Union employees of the
City as set forth in the City's Personnel Policy, as the same may be amended from time to time by
th e City.
ARTICLE 34 - Agreement Implementation
Employer shall implement the terms of this Agreement in the form of a resolution. If the
implementation of the terms of this Agreement require the adoption ofa law, ordinance, or charter
amendment, the Employer shall mare every reasonable effort to propose and secure the enactment of
such law, ordinance, resolution, or charter amendment.
ARTICLE 35 -Waiver
35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations
regarding terms and conditions of employment, to the extent'inconsistent with the provisions
of this Agreement, are hereby superseded.
35.2 The parties mutually acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals
with respect to any term or condition of employment not removed by law from bargaining.
All Agreements and understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and the Union each
voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all
terms and conditions of employment referred to or covered 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
e \ecuted.
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RESOLUTION NO. 2007-31
ARTICLE 36 - Duration
This Agreement shall be effective as of January 1, 2007 and shall remain in full force and effect until
the thirty-first (31) day ofDecerriber, 2008, as noted in the contract.
IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of
2007.
FOR THE CITY OF
BROOKLYN CENTER
FOR LAW E11,TFORCEMENT
LABOR SERVICES
Mayor
City Manager
Business Agent
Union Steward
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