^ i

Labor AgreementBETWEEN

CITY OF ZUMBROTA

AND

LAW ENFORCEIVIENT LABOR SERVICES.

INC.

REPRESENTING: POLICE OFFICERS

JANUARY 1, 2020 THROUGH DECEMBER 31,2022

TABLE OF CONTENTS

PAGE

ARTICLE I PURPOSE OF AGREEMENT 3

ARTICLE II RECOGNITION -.3

ARTICLE III DEFINITIONS 3

ARTICLE IV EMPLOYER SECURITY .....4

ARTICLE V EMPLOYER AUTHORITY .4

ARTICLE VI UNION SECURITY 5

ARTICLE VII EMPLOYEE RIGHTS/GRIEVANCE PROCEDURE 5

ARTICLE VIII SAVINGS CLAUSE 7

ARTICLE IX HOURS OF WORK AND WORK SHIFTS 7

ARTICLE X DISCIPLINE..... 8

ARTICLE XI OVERTIME 9

ARTICLE XII HOLIDAYS 9

ARTICLE XIII VACATIONS 10

ARTICLE XIV SENIORITY -Il

ARTICLE XV INSURANCE 11

ARTICLE XVI SICK LEAVE 12

ARTICLE XVII LEAVES OF ABSENCE 15

ARTICLE XVm UNIFORM ALLOWANCE 16

ARTICLE XIX EQUAL APPLICATION 16

ARTICLE XX JURY DUTY 16

ARTICLE XXI UNION MEETINGS AND NEGOTIATIONS 17

ARTICLE XXII INJURY ON DUTY 17

ARTICLE XXIll TRAINING 17

ARTICLE XXIV FTO PAY... -18

ARTICLE XXV DURATION 18

APPENDIX A WAGE APPENDIX 19

MEMORANDUM OF AGREEMENT 20-21

LABOR AGREEMENT

BETWEEN

THE CITY OF ZUMBROTA

AND

Law Enforcement Labor Services, Inc.

ARTICLE I. PURPOSE OF AGREEMENT

This conti-act is entered into by and between the City of Zunibrota, (the "EMPLOYER"), and LawEnforcement Labor Services, Inc. (the *TJmon"), and collectively, the "Parties," to:

1.1 Establish procedures for the resolution of disputes concerning this Agreement'sinteipretation and/or application; and

1.2 Place , in written fonn the Parties' agreement upon terms and conditions ofemployment for the duration of diis Agreement.

ARTICLE n. RECOGNITION

2.1 The Employer recognizes the Union as the exclusive representative, underMinnesota Statutes, Chapter 179A.03, Subd. 14, for all PoEce Officei-s of the Cityof Zumbrota whose service exceeds the lesser of 14 hours per week or 35% of thenormal work week and more than 67 working days in any calendar year, excludingsupervisory and confidential Employees.

2.2 In the event the Employer and the Union ai'e unable to agree to the inclusion orexclusion of a new or modified job class, the issue shall be submitted to the Bui'eauof Mediation Services for determination.

2.3 Neither the Union nor the Employer shall discriminate against any employeebecause of Union membership or non-membership, nor because of race, creed, sex,color, religious belieJ^ or political belief.

ARTICLE in. DEFINITIONS

3.1 Union: Law Enforcement Labor Services. Inc.

3.2 Union Member: A member of the Law Enforcement Labor Services, Inc.

3.3 City; The City of Zumbrota.

3.4 Employer: The City of Zumbrota Police Department.

3.5 Full-time Employee: An employee who has successfiilly completed theProbationai'y Period and who is regularly scheduled to work forty (40) hours perweek and two thousand eighty (2,080) hours per year.

3.6 Part-Time Employee: An employee viho has successfully completed theProbationary Period and who is regularly scheduled to work less than forty (40)hoiu's per week.

3.7 Union Steward: An OfScer elected or appointed by the Law Enforcement LaborServices, Inc.

3.8 Scheduled Shift: A consecutive work period including two rest breaks and a lunchbreak.

3.9 Rest Break: Periods during the scheduled shift during which the employee remainson continual duty and is responsible for assigned duties.

3.10 Lunch Break: A period during the scheduled shift during which the employeeremains on continual duty and is responsible for assigned duties.

ARTICLE IV. EMPLOYER SECURITY

4.1 The Union agrees that during the life of this Agreement, that the Union will notcause, encourage, participate in or sirppoil: any sti'ike, slow-down, or other*Inteiiuption of or interference with ftie normal functions of "the Employer.

4.2 The Union agrees that its members shall comply with all Police Department rulesand regulations, including those related to conduct and work performance. TheEmployer agrees that departmental rules and regulations, which affect workingconditions and peifbnnance, other than those covered under Management Rights,shall be subject to the grievance procedure.

ARTICLE V. EMPLOYER AUTHORITY

5.1 The Employer retains the full and unrestricted right to establish policy as tofunctions and programs of the Employer, its budget, utilization of technology, theorganizational structure, and selection and direction and number of personnel^ andto perform any inherent managerial function not specifically limited by thisAgreement.

5.2 Any term and condition of employment not specifically established or modified bythis Agi'eement shall remain solely within the discretion of the Employer to modify,establish or eliminate.

ARTICLE VI. UNION SECURITY

6.1 The Employer shall deduct from the wages of Employees who authorize such adeduction, in writing, an amount necessaiy to cover monthly union dues, or a "fairshare" deduction, as provided in Minnesota State Statute 179A if the employeeelects not to become a member of the Union. Such monies shall be remitted to the

Union not less frian once a month and shall not be changed more than once peryear.

6.2 The Union may designate employees fix)m the bargaining unit to act as a stewardand an alternate and shall itifoim the Employer in writing of such choice andchanges in the position of stewai'd and/or alternate.

6.3 The Employer shall make space available on the employee bulletin boaiti forposting Union notice(s) and announcement(s).

6.4 The Union agrees to indemnify and hold the Employer hannless against any andall claims, suits, orders, judgments brought or issued against the Employer as aresult of any action talcen or not taken by the Employer under the provisions of thisArticle.

ARTICLE Vn, GRIEVANCE PROCEDURE

7.1 For the purpose of this Agreement the tenn "grievance" means any disputes arisingconcerning the interpretation or application of the express provisions of thisAgreement.

The Employer and the Union agi'ee that the investigation and' processing ofgrievances shall be accomplished dm'ing the normal work day without a reductionin wages or loss of leave time to the aggrieved or the Union Steward whileconsistent with employee duties and responsibilities.

7.2 Procedme: Grievances, as defmed by Section 7.1, shall be resolved in conformancewith the following procedur-e:

Step 1. An employee claiming a violation concerning the interpretation orapplication of this Agr'eement, shall within twenty-one (21) calendar days after-such alleged violation has occuired or reasonably should have Icnown of itsoccun-ence, present such grievance to the employee's supervisor as designated bythe Police Chief. The Police Chief will discuss the given answer to such Step 1grievance within twenty-one (21) calendar days after receipt. A grievance notresolved in Step 1 and appealed to Step 2 shall be placed in writing setting forththe natme of the grievance, the facts on which it is based, the provision orprovisions of the Agreement allegedly violated, the remedy requested, and shall be

appealed to Step 2 within twenty-one (21) calendar days after the Police Chiefsfinal answer in Step 1. Any grievance not appealed in writing to Step 2 by theUnion within twenty-one (21) oalendai' days shall be considered waived.

Step 2. If appealed, the written grievance shall be presented by the Union anddiscussed with the City Administrator. The City Administrator shall give the Unionthe Employer's answer in wiiting within twenty-one (21) calendar days afterreceipt of such Step 2 grievance. A grievance not resolved in Step 2 may beappealed to Step 3 within twenty-one (21) calendar days following the CityAdministrator's final answer in Step 2. Any grievance not appealed to Step 3 by theUnion within twenty-one (21) oalendai* days shall be considered waived.

Step 3. In the event the parties cannot i*eaoh agi-eement, they shall seek the servicesof the State of Minnesota Bui-eau of Mediation Seivices in resolving the grievanceprior to resorting to arbitration.

Step 4. A grievance um'esolved in Step 3 and appealed to Step 4 by the Union shallbe submitted to arbiti'ation subject to the provisions of the Public EmploymentLabor Relations Act of 1971, as amended. The selection of an arbitirator shall bemade in accordance with the "Rules Governing the Arbitration of Grievances" asestablished by the Minnesota Bureau of Mediation Seivices.

7.3 Arbitrator's Authoritv

a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, orsubtract fi*om the tei*ms and conditions of this Agreement. The arbitrator shallconsider and decide only the specific issue(s) submitted, in writing, by theEmployer and the Union, and shall have no authority to malce a decision on anyOther issue not so submitted.

b. The aibitrator's decision shall be submitted, in witing, within thiity (30) daysfollowing close of the hearing or the submission of briefs by the parties, whicheverbe later, unless the parties agree to an extension.

c. The fees and expenses for the aibiti-ator's services and proceedings shall behome equally by the Employer and the Union, provided that each paity shall beresponsible for compensating its own verbatim record of the proceedings, it rnaycause such a recoiri to be made, providing it pays for the record. If both partiesdesii'e a verbatim record of the proceedings, the cost shall be shared equally. Thepaity canceling an arbitration is responsible for all ai'bitrator's fees and costsassociated with the aibiti*ation, unless otherwise mutually agi*eed.

7.4 Waiver. If a grievance is not presented within the time limits set forth above itshall be considered "waived". If a grievance is not appealed to the next step withinthe specified time limit or any agreed extension, it shall be considered settled onthe basis of the Employer's last answer. If the Employer does not answer agi'ievance or appeal within the specified time limits, the Union may elect to treat

the grievance as denied at that step and immediately appeal the grievance to thenext step. The time limit in each step may be extended by mutual widttenagreement of the Employer and the Union.

7.5 Choice of Remedy. If, as a result of the written Employer response in Step 2, thegrievance remains um'esolved, and if the grievance involved the suspension,demotion or discharge of an employee who has completed the requiredprobationary period, the grievance may be appealed either to Step 4 of Article VIIor a procedure such as: Civil Service, Veteran's Preference, or Fan Employment. Ifappealed to any procedure other than Step 4 of Article VII the grievance rs notsubject to the arbitration procedure as provided in Step 4 of Article VII. Theaggrieved employee shall indicate in writing which procedm'c is to he utilized -Step 4 of Article Vn or another procedure -and shall sign a statement to the effectthat the choice of any other hearing precludes the aggrieved employee frommaking a subsequent appeal thruugh Step 4 of Article VII.

An employee pursuing a remedy pursuant to a statute under the jurisdiction of theUnited States Equal Employment Opportunity Commission is not precluded fromalso pursuing an appeal under** the grievance procedure of this Agr'eement. If acourt of competent jurisdiction rules contrary to the ruling in EEOC v. Board ofGoveniors of State Colleges and Universities, 957 F.2d 424 (7th Cir.), cert, denied,506 U.S. 906,113 S. Ct. 299 (1992), or if Boai-d of Governors is judicially orlegislatively overruled, this pai'agraph of Section 7.5 shall be immediately null andvoid and shall be deleted from this Agreement.

ARTICLE Vni. SAVINGS CLAUSE

This Agreement is subject to the laws of the United States and the State of Minnesota. In theevent that any provision of this Agi'eement shall be held contrary to law by a court of competentjui'isdrction from whose final judgment or decree no appeal has been talcen within the timeprovided, such provision shall be voided. All other provisions may be renegotiated upon writtenrequest of either party. The voided provisions may be renegotiated upon written request by eitherparty.

ARTICLE IX. HOURS OF WORK AND WORK SHIFTS

9.1 The hours of work shall be those established by the City for the efricient conductof City business. The normal workday for Police Officers consists of twelve (12)hours, except for School Resoui-ce Officers or other specialized positions. Thenormal workday for School Resource Officers or other specialized positionsconsists of eight (8) hours, or as assigned.

The normal pay period for full-time Police Officer employees shall consist ofeighty-four (84) hours, except for School Resource Officers or other specializedpositions. The normal pay period for fiill-time School Resource Officer or ofiierspecialized positiorrs employees shall consist of eighty (80) hours.

Work, schedules for public safety personnel shall cover a two (2) week period.

9.2 The cuixent procedures of scheduling shifts shall remain in effect for the term ofthis Agreement, and any proposed change not found acceptable by the Employeesgoverned hereby will be subject to review in accordance with the GrievanceProcedm'e herein established, in the event it is claimed by said Employees that thesame is deemed to be arbiti'aiy and not in the interest of effective law enforcement.

9.3 Court Time and Call Back Pay; An employee called back to work, including beingcalled to testify in court, shall receive credit for a minimum of 2 houi's at one andone-half (1 1/2) times his/her regular* hourly rate of pay. The minimum call backtime credit described in this section shall not apply to any time continuous with thebeginning or ending of an employee's scheduled shift. An employee that receivesproper notice to testify in couit and is cancelled within 24 hom*s of the appearanceshall receive two (2) hoiu's of regular wage or compensatory time.

9.4 On-Call Pay: An employee assigned to "on call" or standby status shall becompensated at the rate of fom* (4) hours of compensatory time for every 110hours while "on call".

ARTICLE X. DISCIPLINE

10.1 The Employer will discipline for just cause only. Discipline will be in one or moreof the following forms.

a) oral reprimand;b) written reprimand;c) suspension; with or without payd) demotion; ore) discharge.

10.2 Notices of suspension, demotions, and discharges will be in written form and willstate the reason(s) for the action taken. Suspensions will set forth the time periodfor which the suspension shall be effective. Demotions will state the classificationto which the employee is demoted. The Union will be provided with a copy ofeach such notice.

10.3 Written reprimands, notices of suspensions, and notices of dischai'ge which ai'c tobecome part of an employee's personnel file shall be read and acknowledged bysignature of the employee. The employee will receive a copy of such reprimandand/or notices.

10.4 Employees will not be questioned conceining an investigation of disciplinaryaction unless the employee has been given an opportunity to have a Unionrepresentative at such questioning. The Employer shall have no afiirmative duty to

notify an employee of the privilege of Union Representation prior to thecommencement of such questioning.

10.5 Employees may not be suspended without pay for more than thiity (30) workingdays in any calendai' year.

10.6 Employees may examine their own individual personnel files at reasonable timesunder the direct supei-vision of the Employer.

ARTICLE XI. OVERTIME

11.1 Employees will be compensated at one and one-half (1 VI) times the employee'sregular base pay rate for houi's worked in excess of the employee's regularlyscheduled shift. Changes of shifts do not qualify an employee for ovei-time rmderthis Article.

11.2 Overtime will be offered based on seniority of full time officers first then part-timeofficers and then outside agencies. This is for true oveitime -part time can be usedup to 40 hours -then seniority.

11.3 For the purpose of computing oveitime compensation, oveitime hours workedshall not be pyramided, compounded, or paid twice for the same hours worked.

11.4 Oveitime: Employees may choose to eani compensatoiy time off in lieu ofovertime pay. Employees may accrue up to twenty (20) hours of compensatoi*ytime, which must be used by December 31 of each year. In case of emergencies aDepartment Head may authorize additional accrual of compensatory time.

11.5 Overtime will be calculated to the nem-est fifteen (15) minutes,

ARTICLE XII. HOLIDAYS

12.1 The following holidays are obsei-ved by the City:

New Year's Day Vetei-an's DayMartin Luther King's Birthday Thanlcsgiving DayPresident's Day Day After Thanlcsgiving DayMemorial Day Christmas Eve (1/2 day)Independence Day Chiistmas DayLabor Day

12.2 Holidays occuiTing on Saturday will be observed the preceding Friday andholidays occurring on Sunday will be observed on the following Monday,assuming a Monday thi'ough Friday work week. Employees shall receive eight (8)hours of time off for each holiday and fom* (4) houi's of time off for each half-dayholiday.

12.3 When a holiday falls dui-ing an employee's vacation, the employee will not bechai'ged with vacation but the houi's will be chai'ged against holiday leave.

12.4 Although the City prefers that personnel enjoy the observed holidays, businessemergencies may arise. Non-exempt hourly employees required to work on arecognized holiday will be paid at one and one-half times (1-1/2 x) their regularbase rate of pay in addition to their regular holiday pay. Compensatory time-offmay be taken in lieu of payment.

ARTICLE Xm. VACATIONS

13.1 Paid vacation time is provided for regular for regular full-time employees.Vacation leave is intended as a period of rest and relaxation and may not bewaived by an employee for the purpose of receiving double pay.

13.2 Eligible employees must obtain approval from their Department Head prior totaking vacation time.

13.3 Employees will accrue vacation during the year and will be eligible to use accruedvacation the following year. Employees shall accrue vacation beginning the firstday of the first monfii of employment. Employees shall continue to accraie vacationwhile using previously earned vacation.

13.4 Vacation time shall be earned as follows for years of full-time service:

Length of Service Accrual RateSt

Starting date to 1 year anniversary date' 4 hours per monthSt Ih

1 year* Anniversary Date through 5 Year 6.67 hours per month

6 Year" Anniversary Date thi'ough 10 Year 10 hours per month(3 weeks/yr)

th

11th Year Anniversary Date thi'Ough 15 year 13.33 hom'S per month(4 weeks/yr)

16 Year Annivei'sary Date and over 16.67 hours per month

13.5 When an official holiday as provided by the City falls on a worldng day during anemployee's vacation, the day of the holiday will not be counted as a day ofvacation. Similarly, official holidays as provided herein falling on Saturday orSunday, when fiiey have the effect of converting a Friday or Monday to a holiday,shall not be counted as a day of vacation.

13.6 Employees may caixy over up to forty (40) hours of accrued vacation leave fi'omone year to the next.

10

13.7 Seniority will be the deciding factor on any and all vacation conflicts.

ARTICLE XIV. SENIORITY

14.1 Definition: Departmental seniority shall mean a fidl-time employee's continuouslength of service with the department.

14.2 Brealcs in Senioiity. Continuous semce will be broken by resignation, dischargefor cause, retu'ement, or death, or voluntary leaves without pay.

14.3 Determination of Seniority. When two or more fiill-time Employees have the sameseniority date, their position on the list shall be determined by road time or whostarted working shifts fii'st.

14.4 Detennination of Anniversaiy. For the purpose of determining step increases, afull-time employee's anniversary date shall be the date of hire.

14.5 Lay Offs. When a reduction in the work force becomes necessary, the employeewith die least seniorily in the classification shall be laid off first. The last employeelaid off shall be the first to be recalled for work. No new employee shall be hireduttHI the layoff list has been exhausted. Employees on layoff may be recalled forup to two (2) years firom date of layoff.

14.6 Probationary period is one (1) year- for new Employees.

ARTICLE XV. INSURANCE

15.1 Various Insurance policies "including-group medical insurance, may be availablefor eligible City employees and their dependents. The eligibility requirements ̂ dbenefits provided shall be specified in materials provided by the respectiveinsru'ance carriers. The respective carriers may have different requirementsconcerning the efigibiiity of employees. The requirements of the respective carrierwill govern eligibility.

15.2 Pursuant to applicable state or fedeiul law requirements, employees who terminateemployment with the City for any reason other than retirement may be eligible tocontinue the gi-oup insurance program for a period of time. Changes in familystatus, eligibility for Medicare, or death of a spouse may also warrant continuingcoverage. The employee must pay the premiums for this continuation of coverage.

15.3 Employees on unpaid leave of absence are responsible for the full payment ofinsui'ance premiums and are required to maintain the same level of healthinsurance coverage while on an unpaid leave of absence that was in force prior tothe leave.

11

ARTICLE XVI. SICK LEAVE

16.1 Each lull time employee governed by this contract shall earn sick leave with pay atthe rate of eight (8) hours per month for each full pay period to a maximum of 960houi's.

16.2 Paid Time Off (PTO). It is the policy of the City of Zumbrota to provideemployees necessaiy time away from work. This policy is implemented by meansof the PTO Plan, which covers all paid leave previously available under the City'svacation, sick leave, medical appointment, and funeral leave policies.

PTO can be utilized for any purpose, subject only to necessary request approvalprocedui-es consistent with the City of Zumbrota Personnel Policy and LaborContmct.

ACCRUAL RATES

Effective Marcb 1,2006 PTO "will acciue at the following rates:

Years of Annual Accrual MonthlyService Rate (Hour's) Rate (Hours)

Start Date to 1"' Anniversarytil

I Anniversary through 5 yearti) t[i6 Anniversary through 10 year. th

II Anniversary Date through 15 yearth

16 Anniversary Date through and over

USE OF PTO

1. PTO is accrued on a monthly basis and may be used subsequent to themonth in which it is earned.

2. Non-scheduled use must be requested prior to the beginning of a shift orper city policy. Non-scheduled PTO requests may be denied depending onstaffing needs.

3. Probationai'y employees may use PTO as it is eai-ned.4. Maximum PTO-acciual is 1,200 hours: Hours earned in excess of 1,200

shall be utilized during the benefit yeai'.5. PTO may be used subsequent to the month in which it was earned in

increments of not less than two houi's.

All employees with 2 to 11 years of service shall be requh'ed to take aminimum of 80 hours of.their earned PTO each accrual yeai' (providing thehoui's are available). After an employee reaches 11 yeai's of seivice andbeyond will be requhed to talce a minimum of 120 houis of their earnedPTO each accmal year (providing the hoiu's ai'e available). The difference

117 9.75

143 11.91

182 15.16

221 18.41

260 21.66

12

between the minimum time off required and the amount of time used that isless than the required minimum shall be lost. The City Administiutor maygi'ant exceptions to this lule based upon extenuating circumstances ina wiitten request. It is the employee's responsibility to monitor these hours.

6. Employee's receiving Woiicef s Compensation may use accrued PTO hoursto return to 100% of their net salary.

7. Previously accrued sick leave hours shall be used prior to begiiming of anunpaid leave of absence for medical reasons.

8. An employee taking an unpaid leave of absence for other than medicalreasons must use all accrued PTO hours before begmnmg the unpaid leave.

TERMINATION BENEFITS

Upon termination of employment with the City of Zumbrota, PTO will be paid atthe employee's hourly wage rate x 100% of balance up to 1,200 houi's. In lieu ofpay at teimination of employment, the PTO may be converted to a health insurancepremium bank to he used to continue on the city's health insurance plan or anotherhealth insurance plan and to pay for premiums until exhausted.

Severance benefits will be paid to employees with Sick Leave Banks in accordancewith provisions in the personnel policy or bargaining agreements.

Teimination pay cannot be used to extend the employee's date of terminationbeyond the last scheduled workday unless approved by the City Administrator.

ELIGIBILITY

All regular full-time City of Zumbrota employees who are eligible for benefits areeligible to participate in the PTO program. Eligible part-time employees accruePTO on a pro rata basis.PARTICIPATrON

All City of Zumbrota employees hired on or after 1/1/06 shall be enrolled in thePTO program. Employees hired prior to 1/1/06 may elect to stay on the old plan orconvert to the PTO plan. Conversion election shall take place once a year. Onceconverted to the PTO, an employee may not return to the old plan. The PTO planfor all employees hired prior to 1/1/06 shall go into affect on 3/1/06.

NQN-PTO VACATION AND SICK LEAVE BALANCESExisting vacation and sick leave balances shall he converted to the PTO programin the following manner; Unused vacation balances shall be converted to PTOaccounts of participating employees Sick leave hours will be converted to the SickLeave Bank.

16.3 Sick leave, with pay, will be gi'anted for bona fide personal illness, medicalexamination, medical treatment, legal quarantine, or in case of an injuiy. When aworker is eligible for Workers' Compensation, he or she may, at his or her option,be paid his or her regulai' pay during such period, with the difference between

13

Workers' Compensation and his or her regular pay being charged against his or heraccrued sick leave. When his or her sick leave is exhausted he or she will receive

Workers' Compensation payments only.

16.4 When sickness occurs within a period of vacation leave the period of illness may,on presentation of a report from a physician, be charged as sick leave and thecharge against vacation leave reduced accordingly.

16.5 Sick leave may also be used for serious illness in the immediate family requiringthe employee's attendance, and shall be for the actual time required. This time willbe charged against the employee's sick leave account.

16.6 Sick leave will be permitted for dental cai'e when the time necessary thereforeexceeds one houi' per day. No sick leave will be allowed for injury, illness orphysical inability resulting from misconduct or excessive use of alcohol ornarcotics. Sick leave will be permitted during the time an employee is in inpatienttreatment for alcohol or chemical abuse. Further, no additional time off will beallowed for any holidays occurring dming the employee's sick leave.

16.7 Employees claiming sick leave may be required to file competent written evidencethat they have been absent as authorized after thi-ee (3) days. If Employees havebeen incapacitated during their absence or a major paif thereof, they may berequired to prove evidence of again being physically able to perfoim thefr duties.Sick leave is a privilege designed for the puipose stated herein. Each employeeshall be held accountable for the reasonable, prudent, and bonafide use of sickleave privileges.

16.8 Claiming sick leave when physically fit, except as provided in this section, may because for disciplinaiy action, including cancellation of sick leave benefits,suspension, demotion, or termination. The employee must notify the Chief (orother department official if the Chief is not available) of the need for leave at theeailiest possible moment and preferably before the start of scheduled workinghours. Failm-e to make diligent effort to give such notification may result in payrolldeduction of such time taken.

16.9 Upon termination of employment, except for good cause, Employees shall receivethe following percentage of accumulated sick leave at the then existing pay scaledetermined by yeai's of service,

Yeai's of Service Accumulated Sick Leave

After 3 yeai's 30% of Accumulated Sick LeaveAfter 6 years 40% of Accumulated Sick LeaveAfter 11 years 50% of Accumulated Sick LeaveAfter 16 years 60% of Accumulated Sick Leave

14

16.10 Health Care for retirement plan as overflow for accrued sick time over 960 hours.Participation with the City and employee contributions to be determined byFederal and State Statute.

16.11 Full-time employees may be granted a maximum of three (3) working days to bededucted from the employee's sick leave accrual for funeral leave in the event ofdeath in the employee's immediate family. Immediate family for this sectionincludes spouse, child, stepchild, grandchild, parent, stepparent, grandparent,sibling or step sibling of the employee or the employee's spouse, and residentmember of the employee's household.

16.12 Additional time off for funeral leave may be granted by the City Administrator forunusual and extenuating circumstances and shall be charged to the employee'svacation time.

ARTICLE XVII. LEAVE OF ABSENCES

17.1 Military Leave: Employees governed by this Agreement who are members of aReserve or National Guard Unit shall be entitled to benefits governed byapplicable state and federal law.

17.2 Personal Leave: A personal leave of absence, without pay may be granted at thediscretion of the Chief of Police. If granted, the leave will be for a specified timenot to exceed ninety (90) days. The request for leave must be recommended bythe City. An employee on personal leave will not accrue vacation and sick leavebenefits and must pay the cost of medical insurance during the leave.

a. Authorization for leaves shall be answered promptly.

b. Employees shall return to the position they held at the time the leave wasrequested or to a similar position. Employees returning from an unpaid leave ofabsence shall return at the same step the employee had at the time the leave ofabsence commenced.

17.3 Parental Leave: A regular full-time or regular part-time employee who has beenemployed by the City of Zumbrota for a minimum of twelve (12) months and whois scheduled to work twenty (20) hours or more per week is eligible for parentalleave for the birth or adoption of a child. Upon written request, an employee maybe granted up to six (6) weeks of parental leave. Additional leave must beapproved by the Chief of Police. Employees may be compensated during a parentalleave of absence by any accrued but unused sick leave or vacation time. Anemployee who is excused for Parental Leave will not accme vacation time or sicktime during the leave. An employee shall be returned to the employee's previousposition or to a position of like status and pay. Parental leave may be granted foremployees with less than twelve (12) months of service upon approval of the CityCouncil.

15

ARTICLE XVIII. UNIFORM ALLOWANCE

18.1 Each member of the department shall, while on-duty, wear a suitable badge anduniform furnished by the City, except that the Chief may authorize theperformance of specific duties while not in uniform. When a member terminatestheir membership in the department, the member shall immediately deliver to theCity their badge, uniform and all other property of the City in their possession.

Three (3) badges (one hat and two shirt type badges) Two (2) hats (one winter pilehat and one service hat or optional baseball type cap) Three (3) jackets (one parka,one summer and one short winter jacket) Four (4) pants; Eight (8) shirts (four shortsleeve and four long sleeve shirts); One (1) clip on tie; One (1) protective vest(bulletproof vest); One (1) identification card; and any necessary leatherequipment or accessories needed.

When any part of the above uniforms or badges are damaged or worn out, theChief of Police shall be notified so that replacement or repair can be arranged.

18.2 Employees shall receive two hundred dollars ($200.00) allowance for footwearevery other years upon request.

ARTICLE XIX. EQUAL APPLICATION

19.1 The provisions of this Agreement shall be applied equally to all Employees in thebargaining unit without discrimination as to race, color, creed, sex, national origin,religion or political affiliation. The Union and the Employees covered by thisAgreement shall share equally with the Employer the responsibilities establishedby this Article.

19.2 The Employer shall not discriminate against, interfere with, restrain, or coerce anemployee from exercising the right to join or not to join the Union or participate inan official capacity on behalf of the Union, which is in accordance with theprovisions of this Agreement. The Union shall not discriminate against, interferewith, restrain, or coerce an employee from exercising the right to join or not to jointhe Union and will not discriminate against any employee in the administration ofthe Agreement because of non-membership in the Union.

19.3 The Union accepts its responsibilities as exclusive representative and agrees torepresent all Employees in the bargaining unit without discrimination.

ARTICLE XX. JURY DUTY

In the event an employee is called for jury duty, he/she will be reimbursed in the amount equal tothe difference between his/her compensation as a juror and what he/she would otherwise haveearned.

16

ARTICLE XXI. UNION MEETINGS AND NEGOTIATIONS

The Union may designate an Employee from the bargaining unit to act as representatives thereoffor the puiposes of negotiation or implementation of the grievance procedure. In addition, theduly appointed representative of the Union shall be permitted one day off for the purpose ofattending the annual meeting of the Union and/or Labor seminar scheduled, said day off to bewithout pay. All other Union activities and meeting shall be other than at duty times unless dulyapproved by the Chief.

ARTICLE XXH. INJURY ON DUTY

Permanent and probationaiy employees who are injured while performing work within the scopeof their employment with the City of Zumbrota and by reason thereof are rendered incapable ofperfoiming theh duties shall upon written request to the City Administrator accompanied by aphysician's certificate acceptable to the City Administi-ator, be granted sick leave for each workday up to a maximum of ninety (90) days for which Workers' Compensation payments are madefor said injury or illness, said sick leave not to be charged against normal sick leave theretoforeaccumulated by them. Said sick leave shall be granted in an amount equal to and not exceedingthe difference between any Workers' Compensation payments and eighty percent (80%) of anemployee's normal daily wage, except as follows. Said sick leave not to be charged againstnormal sick leave theretofore accumulated by them if an employee working in the ordinar y cour'seof employment while acting in a reasonable and prudent manner and in compliance with theestablished rules and procedm*es of the Employer, incurs a disabling injury stemming fi'om theaggressive and or intentional or overt act or consequences of such act of a client, shall receivecompensation in an amount equal to the difference between the employee's base pay rate andbenefits paid under workers' compensation, if any, for a period not to exceed ninety (90) days.

If an employee is injured on duty, the City will cover the difference in pay between Work Compand regular- salary for 6 months, before the employee has to use his/her own sick leave or other-banked time.

ARTICLE XXra. TRAINING

23.1 The employee shall be reimbui-sed by the Employer- for out-of-pocket expenses formileage, meals, lodging and tuition for training requu-ed of the employee tomaintain his or her position with the City of Zumbrota Police Department.

23.2 The Employer shall also pay each employee at his/her regular rate of pay for allhours actually spent in attending the training session and the necessai-y travel timeto attend the ti-aining sessions.

23.3 The Employer will pay for an employee's POST License fee.

17

ARTICLE XXIV. DURATION

Except as herein provided this Agi'eement shall be effective Januaiy 1,2020, and shall continue infull force and effect until December 31,2022, and thereafter until modified or amended by mutualagreement ofthe parties

CITY OF ZUMBROTA MINNESOTA

City Administr^r Date

Mayor Date

LAW ENFORCEMENT LABOR

SERVICES, INC.

islne^ Agent Date

DateSteward

18

2020

Start Stepl Step 2 Step 3 Step 4 Step 5 Step 6

Police-Day Wage $23.55 $24.50 $25.46 $26.42 $27.37 $28.33 $29.29Police-Night Differential $24.05 $25.00 $25.96 $26.92 $27.87 $28.83 $29.79

i .

MEMOIIANDIIM OF AGItEEMENT

BETWEEN

THE CITY OF ZUMBROTA

AND

LAW ENFORCEMENT LABOR SERVICES, Inc,

This Memorandum of Agi-eement is made by and between the City of Zumbrota ("City") and LawEnforcement Labor Services, Inc. ("Union").

Whereas, In the process of negotiating terms and conditions of employment for January 1,2020through December 31,2022, the parties have agreed upon a general wage increase of 3% for 2020 and ashift differential of $0.50 per hour for hours worked from 6pm to 6am;

Whereas, the City will perform a Compensation Rate Study ("Study") and tiie Study shall becompleted by January 1,2021; and

Whereas, the par ties agr ee tliat negotiating wages for 2021 and 2022 should take place after- theStudy is completed;

NOWTHEREFORE, the parlies agree on the following:

1. The duration of the new collective bargaining agreement shall be three (3) year's, January1,2020 tlirough December 31,2022.

2. Effective January 1,2020, employees shall receive a genei-al wage increase of 3% and ashift differential of $0.50 per hour for hour-s wor-ked between 6pm and 6am.

3. A wage I'eoperier shall occur to determine wage increases for 2021 and 2022 after theStudy is completed. En the event that the Study camiot be completed by January 1,2021, the parties shallnevertheless meet and negotiate over wage increases as soon as reasonably possible.

4. Prior to negotiations for tlie wage reopener, the City siiall pr'ovide the Union with a copyof the Study.

CITY OF ZUMBROTA MINNESOTA

Ity Admrnis/rator Date

Mayor Date

LAW ENFORCEMENT LABOR

SERVICES, Inc.

reward

usln^^s Agent

MEMORANDXJM OF AGREEMENT

BETWEEN

THE CITY OF ZUMBROTA

AND

LAW ENFORCEMENT LABOR SERVICES, INC.

RE: Post Retirement Health Care Savings Policy andHealth Care Savings Policy after Separation from Employment Prior to Retirement

The employees of the City of Zumbrota will participate in the Post Retirement Health CareSavings Plan offered by the Minnesota State Rethement System as authorized by MinnesotaStatutes Chapter 352.98

This policy is for PERA eligible staff participating in the Paid Time Off policy outlined in theEmployee Handbook (excluding the Zumbrota Library staff). This policy covers both Unionand non-bargaining unit positions.The policy requires mandatory liquidation of all health cai'e severance pay in the followingmanner:

1. One time lump contribution of Paid Time Off, up to 1200 hours and in excess of $500.One hundred percent (100%) shall be transferred to the Minnesota State Retirement HealthCare Savings Plan. The transfer shall occur when the employee becomes eligible for suchpayments upon retirement from the City of Zumbrota.

2. Seventy-five percent (75%) of the value of the employee sick leave bank at time ofretirement in excess of Five hundred dollar's ($500), This value shall be transferred to theMinnesota State RetU'ement Health Car'e Savings Plan. The value of the sick leave bank iscalculated per the City of Zumbrota Personnel Manual (page 2-22). The remaining twenty-five percent (25%) of the value of the sick leave bank, calculated per the Cily of ZumbrotaPersonnel Manual (page 2-22), will be paid out directly to the employee. The transfer shalloccur' when the employee becomes eligible for such payments upon retirement from the Cityof Zumbrota.

Heath Care Savings Policy after Separation from Employment Prior to RetirementThe employees of the City of Zumbrota who separ'ate from employment prior to retirementwill participate Health Care Savings Plan offered by the Minnesota State Reth*ement Systemas authorized by Minnesota Statutes Chapter 352.98

This policy is for staff parlicipating in the Paid Time Off policy outlined in the EmployeeHandbook (excluding the Zumbrota Library staff). This policy covers both Union andnonbargaimng unit positions.

The policy requires mandatory liquidation of all health cai'e severance pay in the followingmanner:

1. One time lump contiibution of Paid Time Off, up to 1200 hom's and in excess of FiveHundred Dollars ($500). One Hundred percent (100%) shall be h'ansfeiTed to the MinnesotaState Retirement Health Care Savings Plan. The transfer shall occur when theemployeeseparates from employment with the City of Zumbrota.

2. Seventy-five percent (75%) of the value of the employee sick leave bank at time ofretirement in excess of Five Hundi'ed Dollars ($500). TWs value shall be ti'ansfeixed to theMinnesota State Rethement Health Care Savings Plan. The value of the sick leave banlc iscalculated per the City of Zumbrota Personnel Manual (page 2-22). The remaining 25% of thevalue of the sick leave bank, calculated per the City of Zumbrota Personnel Manual (Page 2-22), will be paid out directly to the employee. The transfer shall occur* when the employeebecomes eligible for such payments upon retirement fr*om the City of Zumbrota.

CITY OF ZUMBROTA MINNESOTA

Citv.>Adniinisti*aCor Date

Chaiiman Date

siniSss Agent

teward

LAW mFORCEMENT LABOR

SERVICES,INC.

Date

Date

MEMORANDUM OF AGREEMENT

BETWEEN

THE CITY OF ZUMBROTA

AND

LAW ENFORCEMENT LABOR SERVICES, INC.

RE: Schedule Committee

The Employer and Union agree to create and paiticipate in a schedule committee with Officerinput.

CITY OF ZUMBROTA MINNESOTA

City Administrator

Chahman Date

LAW ENFORCMENT LABOR

SERVICES. INC.

Date

Ste^^^d Date