4.3 SR 02-06-2023�,
Elk s �-
River
Request for Action
To Item Number
Ma Tor and CinT Council 4.3
Agenda Section Meeting Date Prepared by
Consent A enda Februar�T 6, 2023 Lauren Wi er, Human Resources Mana er
Item Description Reviewed by
Master Labor Agreement Between CityT of Elk River Cal Portner, Ci r Administrator
and Law Enforcement Labor Services Local #231 Reviewed by
Action Requested
Approve, byT motion, the Master Labor Agreement (Contract) between the CityT of Elk River and La`v
EnfoYcement LaboY Services Local #231 foY Januaryr 1, 2023, to DecembeY 31, 2025.
Background/Discussion
The city police patrol labor union (LELS #231) agreed to teYms of a new contract that are consistent with
previous Council discussions. The ne`v terms are as follo`vs:
Unifo��ns The cityr will woYk with the vendoY to find an aveYage cost incYease of four items and incYease the
allo`vance as such.
Seve�ance Requires 5�Tears of serve for 40% payTout until 10 years for 50% payout. Retiring employTees receive
larger percentage payTouts.
Tlacation Lateral hired employTees get credit for years as fulltime officer, new hires into new accrual plan,
current emplo�rees can elect ne`v plan if reduce their max carryover. Lateral hires bank sick and
vacation at time of hire. Current employ ees who �vere lateral hires can get credit for previous y ears
of fulltime officer `vith reduce ma�mum carr�rover.
Holidays If holiday s are added to cityT policyT the�T are added to this contract for duration of contract.
i�ages 1/1/23 4%, 6/1/23 possible 1%, 1/1/24 3%, 6/1/24 poss. 2%, 1/1/25 3%, 6/1/25 poss. 2%
He��C��S�gs Adjusted percentages and added 2 more yTears of service tiers. Language added regarding no
contributions allowed after death.
Specialty Pay Replaces FTO Pay, added additional pay for some special units.
1�VIP Adjusted percentages to reflect comparable longevityT.
Sh�D�eTential Changed to 2.5%
Financial Impact
The 2023 budget includes payr and benefits foY 19 police patrol.
Mission/Policy/Goal
Elk RiveY Vision Statement
Attachments
MasteY LaboY AgYeement bet�veen the Cityr of Elk RiveY and LELS Local #231
Marked up version of 2021 to 2022 Agreement
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
rowEREo ar
�I'1 ����
Update�l• January 2023
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL 23 I )
Effective January I, 2023, through December 31, 2025
INDEX
*****
ARTICLE 1. PURPOSE OF INTENT ..................................................................................1
ARTICLE2. RECOGNITION ...............................................................................................1
ARTICLE 3. DEFINITIONS .................................................................................................1
ARTICLE 4. EiVIPLOYER SECURITY ...............................................................................2
ARTICLE 5. UNION SECURITY ........................................................................................2
ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ......................... 3
ARTICLE7. SAVINGS CLAUSE .........................................................................................4
ARTICLE8. SENIORITY ......................................................................................................4
ARTICLE9. DISCIPLINE ..................................................................................................... 5
ARTICLE 10. CONSTITUTIONAL PROTECTION ...................................................... 5
ARTICLE 11. WORK SCHEDULES ................................................................................... 5
ARTICLE12. OVERTIME .................................................................................................... 6
ARTICLE13. COURT TIME ................................................................................................ 6
ARTICLE14. INSURANCE ..................................................................................................6
ARTICLE15. STANDBY PAY ............................................................................................. 6
ARTICLE16. UNIFORMS .....................................................................................................7
ARTICLE 17. INJURY ON DUTY ...................................................................................... 8
ARTICLE18. SICK LEAVE .................................................................................................. 8
ARTICLE 19. BEREAVEMENT LEAVE ........................................................................... 9
ARTICLE20. VACATION ..................................................................................................10
ARTICLE 21. HOLIDAYS ...................................................................................................11
ARTICLE 22. DETECTIVE ON-CALL ...........................................................................12
ARTICLE 23. Fr1LSE ARREST INSURANCE .................................................................12
ARTICLE 24. MILEAGE ALLOWANCE ........................................................................12
ARTICLE 25. COMPENSATORY TIME PROVISIONS .............................................12
ARTICLE26. WAGES ..........................................................................................................13
ARTICLE 27. WAGE INCENTIVE PROGRr�M ...........................................................13
ARTICLE 28. P.O.S.T. LICENSURE .................................................................................13
ARTICLE29. WANER ........................................................................................................13
ARTICLE30. DURr�TION ..................................................................................................13
APPENDIXA ........................................................................................................................ A1
APPENDIXB ........................................................................................................................ B1
ARTICLE I. PURPOSE OF INTENT
This Agreement is enteYed into as of Januaryr 1, 2023, between the Cit�r of Elk RiveY, heYeinafteY called the
EmployTer, and the Law Enforcement Labor Services, Inc. (LELS), 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 EmployreY recognizes the Union as the exclusive repYesentative, under l��innesota Statutes
179A.03, Subdivision 8, foY all regulaY full time police peYsonnel in the following job classification:
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 EnfoYcement LaboY Services, Inc. (LELS) Local No. 231.
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Local No. 231).
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The Cityr of Elk RiveY Police DepaYtment
3.5 EMI'LOYER The Cityr of Elk RiveY
3.6 CHIEF: The Chief of the City of Elk RiveY Police DepaYtment
3.7 UNION STEWARD: OfficeY elected or appointed by the Law EnfoYcement LaboY Services, Inc.,
(Local No. 231).
3.8 DETECTIVE: A regular full time Employee specifically assigned or classified by the EmployTer to
the job classification and/or job position of Adult Detective, Juvenile Detective, or Drug Task
Force Detective.
3.9 OVERTIME: WoYk peYfoYmed at the expYess authorization of the EmployeY in excess of the
Employee's Scheduled Shift.
3.10 SCHEDULED SHIFT: r� consecutive work period including Rest Breaks and a Lunch Break.
3.11 REST BREAKS: Periods during the Scheduled Shift during which the Employee remains on
continual duty and is responsible for assigned duties.
3.12 LUNCH BREAK: A period during the Scheduled Shift during which the Employ ee remains on
continual dutyT and is responsible for assigned duties.
3.13 STRIKE: Concerted action in failing to report for dutyT, the `villful absence from one's position,
the stoppage of work, slowdown, or abstinence in `vhole or in part from the full, faithful, and
proper performance of the duties of employTment for the purposes of including, influencing, or
coercing a change in the conditions or compensation of the rights, privileges, or obligations of
employTment.
3.14 COiVIPENSATORY TIME: Time off a regularly Scheduled Shift �vith pa�T in lieu of Overtime
payT, taken with prior approval of the EmployTer.
3.15 PROBATIONARY PERIOD: That period of time from date of hire until an Employee is
certified as a regular full time Employee as per the following:
a. Police OfficeY: Twelve (12) months from date of hire.
b. Promotion: Six (6) months from the date of promotion.
3.16 OFFICER IN CHARGE: Emplo�Tee `vho handles lead officer duties in the absence of a
supervisor outside of this bargaining unit.
ARTICLE 4. EMPLOYER SECURITY
The EmployTer has and will continue to retain, whether exercised or not, the sole and unrestricted right to
operate and manage its affaiYs in all Yespects and to perform any inherent managerial function not
specificallyT limited byT the express provisions of this Agreement The rights of the EmployTer, through its
management official, shall include but not be limited to the following. The right to operate and manage all
manpoweY and facilities and equipment, to set and amend budgets, to establish and modify the
organizational structure, to deteYmine the purpose oY mission of the oYganization in each of its
departments or units, to establish functions and programs, to introduce ne`v or improved methods of
work and to determine the utilization of technology, to exeYcise control and discYetion oveY the
organization and the efficiencyT, economy, and productivityT of operations, to set standards for work
services to the public, to change or eliminate the existing work schedules, to assign work, overtime, leave
time, and schedule working hours, to hire, examine, classifyT, promote, train, transfer, assign and schedule
EmployTees in positions with the Emplo�rer, to suspend, demote, discharge or take other disciplinaryT action
against the Employees for just cause, to increase, reduce, change, modifyT or alter the composition and size
of the woYk foYce, to lay off Employees, to Yeallocate positions to higheY oY loweY classifications, to
determine locations, methods, means and numbers of personnel byT which operations are to be conducted,
to establish, modify, combine or abolish job classifications, to determine whether goods and services are to
be provided or purchased, and to direct the Employees.
AnyT term or condition of employTment not specifically established or modified byT this Agreement shall
remain solely within the discretion of the Employer to modify, establish, or eliminate.
ARTICLE 5. UNION SECURITY
5.1 The EmployTer shall deduct from the `vages of Employees `vho authorize such a deduction, in
�vriting, an amount necessar�T to cover monthl�T Union dues. Such monies shall be remitted directl�T
to the Union monthl�T.
5.2. The Union mayT designate EmployTees from the bargaining unit to act as a Union Steward and an
alternate. The Union shall inform the EmployTer, in `vriting, of such choice and changes in the
position of Steward and/or alternate.
5.3 The Emplo�Ter shall make space available on the employee's bulletin board for posting Union
notice(s) and announcement(s).
5.4 The Union agrees to indemnifyT and hold the EmployTer harmless against anyT and all claims, suits,
orders, or judgments brought or issued against the EmployTer as a result of anyT action taken or not
taken by the Employer under the provisions of this Article.
2
ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 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.
6.2 Union Stewards: The EmployeY will Yecognize Union StewaYds designated by the Union as the
grievance representatives of the bargaining unit having the duties and responsibilities established
by this AYticle. The Union shall notifyr the Employrer, in writing, of the names of such Union
Ste`vards and of their successors `vhen so designated as provided byT Section 5.2 of this Agreement.
6.3 Processing of Grievance: It is recognized and accepted b�T the Union and the EmployTer that the
processing of grievance, as hereinafter provided, is limited byT the job duties and responsibilities of
the EmployTees and shall, therefore, be accomplished during normal working hours onl�r when
consistent �vith such Emplo�Tee duties and responsibilities. The aggrieved EmployTee and a Union
Steward shall be allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the Employer during normal ��orking hours provided that the
EmployTee and the Union Ste`vard have notified and received the prior approval of the designated
supervisoY who has determined that such absence is Yeasonable and would not be detrimental to
the work programs of the Employer.
6.4 Procedure: Grievances, as defined byT Section 6.1 shall be resolved in conformance `vith the
follo`ving procedure:
Ste� 1• An Employee claiming a violation concerning the interpretation or application of this
Agreement shall, within fourteen (14) calendar dayTs after such alleged violation has occurred,
present such grievance to the Employee's supervisor as designated by the Employer. The
Employer designated representative will discuss and give an answer to such Step 1 grievance within
ten (10) calendar dayrs afteY receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall
be placed in writing setting forth the natuYe of the grievance, the facts on which it is based, the
provision or provisions of the Agreement allegedlyT violated, the remedyT requested, and shall be
appealed to Step 2 within ten (10) calendar days after the Employer designated representatives'
final answeY in Step 1. Anyr grievance not appealed in writing to Step 2 by the Union within ten
(10) calendar dayTs shall be considered `vaived.
Ste� 2• If appealed, the written grievance shall be presented byr 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 ten (10) calendar days after receipt of such
Step 2 grievance. A grievance not resolved in Step 2 ma�T be appealed to Step 3 within ten (10)
calendar days following the Employer designated representative's final Step 2 answer. Any
grievance not appealed in ��riting to Step 3 by the Union within ten (10) calendaY dayrs shall be
considered waived.
Ste� 3• If appealed, the written grievance shall be pYesented b�r the Union and discussed with the
Emplo�rer-designated Step 3 repYesentative. The EmployreY-designated YepYesentative shall give the
Union the Employer's answer in wriring within t�vent�r-one (21) calendaY days afteY receipt of such
Step 3 grievance. A grievance not resolved in Step 3 ma�T be appealed to Step 4`vithin ten (10)
calendar dayTs following the EmployTer-designated representative's final answer in Step 3. Any
grievance not appealed in `vriting to Step 4 b�T the Union `vithin ten (10) calendar dayTs shall be
considered waived.
Ste� 4• A grievance unresolved in Step 3 and appealed to Step 4 by the Union may be submitted
to the Minnesota Bureau of Mediation Services for mediation oY to aYbitration within ten (10)
calendar dayTs follo`ving the Emplo�Ter-designated representative's final Step 3 answer. If the
grievance is submitted to mediation and is not resolved, it mayT be appealed to arbitYation within
ten (10) calendaY days following the Employer-designated representative's final Step 4 answer. If
the paYties aYe unable to agYee on the selection of an aYbitratoY, the Union shall Yequest a list of
arbitrators to be submitted to the parties byT the Bureau of Mediation Services.
6.5 Arbitrator's Authority:
a. The arbitrator shall have no right to amend, modif�T, nullif�T, ignore, add to, or subtract
from the teYms and conditions of this AgYeement The aYbitrator shall consideY and decide
only the specific issue(s) submitted in writing by the Employer and the Union, and shall
have no authorityT to make a decision on anyT other issue not so submitted.
b. The arbitrator shall be without po`ver to make decisions contraryT to, or inconsistent `vith,
or modifying or varying in anyT `vayT 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) dayTs following the close of the hearing or the submission of briefs byT 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
inteYpYetation or application of the expYess teYms of this AgYeement 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 Employrer and the Union, provided that each partyr shall be Yesponsible for
compensating its own representatives and wimesses. If either partyT desires a verbatim
record of the proceedings, it mayT cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings, the cost shall be shared
equallyT.
6.6 Waiver: If a grievance is not presented �vithin 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 grievances as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step mayr be extended byr mutual written
agYeement of the Employer and the Union in each step.
ARTICLE 7. SAVINGS CLAUSE
This AgYeement is subject to the la�us of the United States, the State of Minnesota and the Cityr of Elk
River. In the event an�T provisions of this Agreement shall be held to be contrar�T to law by a court of
competent jurisdiction from whose final judgment or decree no appeal has been taken within the rime
limits provided, such provision shall be voided. All other provisions of this Agreement shall continue in
full force and effect The voided provision mayT be renegotiated at the written request of either part�T.
ARTICLE 8. SENIORITY
8.1 Seniorit�r shall be deteYmined byr the YegulaY full time Employee's length of conrinuous
employment with the Police Department and posted in an appropriate location. Seniorit�T rosters
ma�T be maintained byT the Chief on the basis of time in grade and time �vithin specific
classifications.
8.2 During the ProbationaryT Period, a newly hired or rehired Employee mayT be discharged at the sole
discretion of the EmployTer. During the ProbationaryT Period, a promoted or reassigned regular full
time Employree may be Yeplaced in the Employee's previous position at the sole discrerion of the
Employer.
�
8.3 A reduction of the work force will be accomplished on the basis of seniorit�T. Regular full time
EmployTees shall be recalled from layToff on the basis of seniorityT. A qualified regular full time
EmployTee on layoff shall have an opportunityT to return to work within t�vo (2) years of the time of
his/her layToff before anyT ne�v Emplo�Tee is hired.
8.4 Senior regular full time Employees will be given preference with regard to transfer, job
classification, assignments and promotions `vhen the job-relevant qualifications of EmployTees are
equal.
8.5 Two continuous vacation periods shall be selected on the basis of seniorityr until Apri11 of each
calendar year.
ARTICLE 9. DISCIPLINE
9.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of
the following forms:
a. oral reprimand;
b. written reprimand;
c. suspension;
d. demotion; or,
e. discharge.
9.2 Suspensions, demotions and discharges will be in written form.
9.3 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 Emplo�Tee.
EmployTees and the Union will receive a copyT of such reprimands and/or notices.
9.4 EmployTees mayT examine their o`vn individual personnel files at reasonable times under the direct
supervision of the EmployTer.
9.5 Emplo�Tees will not be questioned concerning an investigation of disciplinar�T action unless the
Employee has been given an opportunityT to have a Union Steward present at such questioning.
9.6 Grievances relating to this AYticle shall be initiated by the Union in Step 3 of the grievance
procedure under Article 6.
ARTICLE 10. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota State
Constitutions.
ARTICLE I I. WORK SCHEDULES
11.1 The normal work year for regular full rime Employees is two thousand and eightyT (2080) hours, to
be accounted for b�T each EmployTee through:
a. hours �uorked on assigned shifts;
b. holidayTs;
c. assigned training; or,
d. authorized leave time.
11.2 Nothing contained in this or any other Article shall be interpreted to be a guaYantee of the
minimum or maximum number of hours the EmployTer mayT assign EmployTees.
11.3 Any change of an Employee's schedule made by the EmployeY with less than a 24-hour notice shall
result in the payTment at the rate of time and one half the Employee's base rate of pay for all hours
worked during the scheduled change. Change in shifts initiated by the Employee, special detail,
special projects, and other non-regular shifts do not qualifyT for this provision.
ARTICLE 12. OVERTIME
12.1 Employrees will be compensated at one and one-half (1 �/z) times the Employee's regular base pay
rate for hours worked in excess of the Employee's regularly Scheduled Shift Changes of shifts do
not qualifyT an EmployTee for Overtime under this Article.
12.2 OveYtime will be distributed as equally as pYacticable.
12.3 OveYtime Yefused by Employrees will, for YecoYd purposes under AYticle 12.2, be considered as
unpaid Overtime `vorked.
12.4 Far the purpose of computing Overtime compensation, overtime hours warked shall not be
pyTramided, compounded, or paid t�vice for the same hours `vorked.
12.5 Overtime will be calculated to the nearest fifteen (15) minutes.
12.6 Employees have the obligation to work Overtime or call backs as requested by the Employer
unless unusual circumstances prevent the emplo�ree from so working. The minimum call back will
be two hours.
ARTICLE 13. COURT TIME
A Yegular full time Employree who is Yequired to appear in Court during the Employee's scheduled off-dutyr
time shall receive a minimum of three (3) hours' pay at one and one-half (1�/z) times the Employee's base
payT rate. An extension or early report to a regularly Scheduled Shift does not qualify the regular full time
EmployTee for the three (3) hour minimum. An Employee who works a night shift shall receive a
minimum of three (3) hours pay at two (2) times the Employee's base pay rate if the Employee is required
to appear in court prior to 2:00 p.m. that same da�T. An Emplo�ree who `vorks a power shift shall receive a
minimum of three (3) hours pay at two (2) times the Employee's base pay rate if the Employee is required
to appeaY in court prioY to 10:00 a.m. that same day.
If court is cancelled with less than 24-hours' norice the YegulaY full time Employee is eligible for a
minimum payTment of one and one-half hours (1 1/2) of payT. Under no circumstances will the regular full
time Employee be eligible to receive both the one and one-half hours (1 1/2) court cancellation pay outlined
in this paragraph and the three (3) hours' pay rate for court appearances as outlined in the preceding
paragraph. The EmployTee maintains the ultimate responsibility for case schedule.
A regular, full-time Emplo�Tee subpoenaed or scheduled to appear in court as the result of a law
enforcement event relating to a previous la`v enforcement employTer shall, upon twentyT-four (24) hours'
notice, be switched to an administYative shift for the period expected to attend court The Employee shall
return to his/her previous shift schedule upon conclusion of the court's requirements.
ARTICLE 14. INSURANCE
See Appendix A.
ARTICLE 15. STANDBY PAY
Regular full time EmployTees required by the Employer to standb�T shall be paid for such standb�r time at
the Yate of one-half ('/z) hours' pay for each hour on standby.
0
ARTICLE I6. UNIFORMS
Regular full time Emplo�Tees will be credited `vith an annual uniform allowance account to be used on a
voucheY system basis.
The annual uniform allowance amount `vill be as follows:
New officeYs will receive equipment and unifoYms from the depaYtment as identified in Appendix B.
Year 2- No allowance (Year 2 begins on Januar�r 1 following the date of hire.) Employ ees hired in
2020 will receive a$900.00 allowance for 2021.
Year 3 - �900.00
Year 4 and 5 - $750.00
YeaYs 6 through 10 - $700.00
YeaYs 11 through 15 - $650.00
Years 16 through 20 - $600.00
Years 21 through 25 - $550.00
Years 26 through Retirement - $500.00
The cit�T will work �uith the vendor to find an average annual percentage increase for the following
benchmarked uniform items and increase the allo�vance as such:
Pant
Long Sleeve Shirt
Short Sleeve ShiYt
Duty Boots
With receipts provided, Adult Detectives shall receive reimbursement of up to $700.00 for the purchase of
civilian dress clothes. Juvenile Detectives and Drug Task Force Detective shall follow the schedule above
and mayT purchase civilian clothes, for reimbursement `vith receipts, or uniform items.
All items to be charged to the Employer by the regular full time Employee on the voucher system basis
must receive prior approval of the Police Chief.
The amount chaYged shall not exceed the outstanding balance in the Employee's uniform allowance
account.
Uniforms for regular full time Employees damaged beyond reasonable repair in the line of dutyT shall be
replaced by the Employer, subject to reasonable depreciation calculated by the Employer.
An Employee who has submitted a notice either verbally or in writing to terminate employment shall no
longer be allo�ved to purchase uniforms under this section and no reimbursement shall be made for an�T
purchases after the verbal or written notification, �uhichever comes earlier, of intent to terminate has been
received.
An EmployTee who fails to successfullyT complete field training shall return all equipment and uniforms
purchased under this section to the Police Chief before leaving employTment. Items not returned as
required byT this policyT will be deducted from the Employee's last paycheck. All such deductions will be
based on the purchase price of the equipment not returned.
An�T new or additional items mandated b�T the cit�r shall be purchased b�- the cityT. AnyT additional items
desired by Employees, but not included in Appendix B, shall be purchased from the employee allowance.
The city `vill develop a Load Bearing Vest program and fund Load Bearing Vests and replacement.
7
ARTICLE 17. INJURY ON DUTY
Regular full time Employees injured during the performance of their duties for the Employer shall be paid
the difference between the full time Employee's regular pay and worker's compensation insurance
payrments foY a period not to exceed forty-five (45) woYking dayrs peY injury, not chaYged to the Yegular full
time employee's vacation, sick leave or other accumulated leave time, for full shifts offwork due to injury,
in addition to any partial shifts off of `vork on the initial dayT of injury, and after three (3) `vorking dayTs
initial waiting period per injur�J. The three (3) working day waiting period shall be charged to the regular
full time Employee's sick leave account less worker's compensation insurance payments.
ARTICLE 18. SICK LEAVE
18.1 Regular full time Employees shall accrue at the rate of twelve (12) days of sick leave per year, with
no ma�mum accrual limit.
Leave balances will be checked on the last pay dayr in October of each yeaY.
If Employree is at oY oveY 960 accrued sick hours, they will begin accYuing leave at the Yate
of eight (8) dayTs per year on the first payT day in November.
If EmployTee is under 960 accrued sick hours they will remain accruing at the rate of twelve
(12) days peY year.
When balances are checked on the last pay day in October the following year, Employees
accYuing at the eight (8) days peY yreaY rate shall have one-half (1 /2) of the previous year's
accrued hours paid into Employee's Post Employment Health Care Savings Plan and the
remaining half will remain in Employee's sick leave bank. ie: If �Tou begin the �Tear at the 8-
dayT accrual rate half of yTour year's accrual will be paid into yTour PEHCSP at the end of the
�Tear and the other half `vill remain in �Tour bank.
If the balance is belo�u 960 �uhen checked the following yTear, EmployTee returns to the
t�velve (12) dayTs per year accrual rate. Employees are not eligible for HCSP payTment when
accruing at the twelve (12) days per yeaY Yate and all unused accrued hours Yemain in their
bank.
If the balance is at or above 960 when checked, theyr move to or remain in the eight (8) day
per year accrual plan.
FoY the purpose of implementing this plan in 2021, the leave balances will be checked on the first
payT da�T following the signing of this contract and the terms above will app1�T going for�vard, not
retroacrively to Januar�T 1, 2021.
18.2 A YegulaY full time Employee shall notify the EmployeY befoYe the staYt of the Scheduled Shift oY
as soon as possible thereafter of his/her inabilityT to report for dutyT. The EmployTer may require of
regular full time EmployTees proof of illness for anyT use of sick leave. In cases of extended illness,
regular full time EmployTees shall notifyT the EmployTer of their status in regard to his/her return to
dut�T weekl�T.
Eligible Emplo�Tees ma�T use sick time for the follo`ving reasons:
a. Personal illness or injur�T or in order to attend medical appointments (i.e. doctors, dentists);
b. To care for sick familyT members;
c. To take familyT members to medical appointments (i.e., doctor, dentists);
d. Reasonable period of time not to exceed 160 hours peY year for illness or injuryr to the
employee's family member; and,
e. If the 160 houYs identified in 18.2(d) above is exhausted, up to five (5) dayrs in any calendaY
month to care for seriousl�T ill familyT members `vho mayT not live `vith the emplo�Tee. For
:
purposes of this provision, "seriously ill" shall be determined at the sole discretion of the cityT
adminis trator.
18.3
For the purpose of this section, family member is defined as the employee's stepchild, biological,
adopted or foster child, adult children, spouse, sibling, parent, mother-in-law, father-in-law,
grandchild, grandparent, and stepparent Sick leave use for the employee's adult children, spouse,
sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, and stepparent is limited to 160
hours (combined) in a 12-month period. The 12 months begins on the first da�T the emplo�Tee uses
leave for this puYpose. Stepchild, biological, adopted oY fosteY child not subject to the 160 hours limit
must be under 18 yTears of age or under 20 yTears of age if still attending secondary school.
An EmployTee resigning his/her employment with the CityT may be eligible for a cash out of unused
sick leave if all of the following conditions aYe met:
1. The Employee must resign in good standing (Employee is not being terminated by the CityT);
and
2. The Employee must provide proper written notice of his/her resignation at least fourteen
(14) calendar da�rs in advance and in accordance with the Cit�- Resignation Policy; and
3. The Employee must execute a Yelease of claims.
Payment shall be based on the consecutive years of service completed by the Employree and
his/her accrued sick leave balance.
An Employee terminating after complering five (5) years of consecutive service will receive
pa�rment as out]ined below. Pa�rment shall be at the curYent Yate of pay tivhen the Yesignation is
submitted.
5-9 consecutive yTears of service 40% of up to 960 hours
10 or more consecutive yTears of service 50% of hours up to 960 hours
For Employees with 15 or more years of service and retiring at age 50 or older from regulaY,
fulltime POST qualified police work:
15-19 consecurive years of service
20-24 consecurive years of service
25-29 consecurive years of service
30-32 consecurive �Tears of service
33 or more consecutive years of service
60% of up to 960 hours
65% of up to 960 hours
70% of up to 960 hours
75% of up to 960 hours
80% of up to 960 hours
FifnT percent (50%) of the severance will be paid in accordance with the timeline outlined
in the release of claims. The remaining severance will be paid approximately 90 dayTs
follo`ving termination provided the EmployTee does not return to active policing.
AnyT accumulated sick leave in excess of nine hundred sixt�T (960) hours is not eligible for pa�-ment
under this polic�T. Emplo�Tees ma�T continue to accumulate sick leave in excess of nine hundred
sixtyT (960) hours to be used in accordance �vith the FamilyT �ledical Leave Act.
18.4 In the event of an Employree death, payrment of this benefit consistent with this Article mayr be
approved byT the cityT administrator if the Employee would have been eligible for cash payment
undeY item 18.3.
ARTICLE 19. BEREAVEMENT LEAVE
Regular full-time and regular part-time Employees �uorking a minimum of 1040 hours per �-ear are
permitted a paid Bereavement leave for the purpose of making arrangements, attending the funeral, caring
for deceased's survivors, gathering with relatives, and/or to otherwise grieve the loss when a death occurs
0
in their famil�T. Bereavement leave is prorated for eligible regular part-time Employ ees according to the
number of hours worked. Leave with payT is limited to the following:
Up to five (5) da�Ts Husband, Wife, Mother, Father, Son, Daughter, Brother, Sister, Stepmother,
Stepfather, Stepson, Stepdaughter, Stepbrother, Stepsister
Up to three (3) dayTs Son-In-Law, Daughter-In-Law, Mother-In-La�v, Father-In-La`v, Grandparent,
Grandchild
One (1) dayT Employee's Aunt, Uncle, Cousin, Niece, Nephew, Sister-In-La`v, Brother-In-Law,
Godchild, Grandparents-In-Law
Da�Ts off shall be concurrent. If there is a need for dayTs that are not concurrent, those days shall be arranged
with �rour supervisor and approved b�T human resources or the cit�r administrator.
Additional time off for bereavement leave mayT be granted and charged to vacation leave or CompensatoryT
Time, if anyT.
Additional bereavement leave may be granted by the CityT Administrator at his/her discretion for
extraoYdinar�r situations.
ARTICLE 20. VACATION
20.1 Vacation leave is accrued based on consecutive years of leave-eligible service. To determine an
Employee's vacation accrual rate, yTears of service will include all continuous time the employ ee has
worked for the CityT in a position that is eligible for paid leave (including authorized unpaid leave) or,
for employTees hired after Januar�T 1, 2023, as a fulltime peace officer in another organization.
RegulaY full time Employrees shall accrue paid vacation leave based on the schedule below.
Emplo�rees hired befoYe DecembeY 31, 2022, ma�r carryr more than 240 hours of vacation leave during
a yTear but mayT not carryT more than 240 hours forward to the next calendar yTear.
Non-lateral hired Employees hired after JanuaryT 1, 2023, shall accrue 120 working hours per year at
the start of eligible employment through the completion of their ninth (9`h) year. They may carry
more than 120 hours of vacation leave during a year but may not carryT more than their annual accrual
amount for�vard to the next calendar year.
Employees with fewer than eight (8) years of service as of JanuaryT 1, 2023, mayT receive the new
accrual rate provided the�T accept and acknowledge the reduced annual carr�Tover rate being equal to
their annual accrual rate. The request and acknowledgement shall be in writing. Employ ees will have
until FebruaryT 25, 2023, to make this election. Vacation balances over their annual accrual rate must
be used by DecembeY 31, 2023.
Length of Service
From start of employTment through completion of the 5`I' yTear
Beginning of the 6`�' year through completion of the 7`I' year
Beginning of the 8t1i �Tear through completion of the 9`I' �Tear
Beginning of the 10`h year through completion of the 11`i� yrear
Beginning of the 12`i' year through completion of the 13`i' year
Accrual Rate
88 `vorking hours per yTear
112 woYking hours peY yeaY
120 woYking hours peY yeaY
128 `vorking hours per yTear
136 woYking hours peY yeaY
10
Beginning of the 14`I' year through completion of the 15`l' year
Beginning of the 16t1' year through completion of the 17`I' year
Beginning of the 18`h year
Beginning of the 19`i' yeaY
Beginning of the 20`I' yTear
Beginning of the 215T year
Beginning of the 22�'a year through completion of the 24`I' yTear
Beginning of the 25`i' yTear and thereafter
144 working hours per year
152 woYking hours per yreaY
160 `vorking hours per yTear
168 woYking hours peY yeaY
176 `vorking hours per yTear
184 `vorking hours per yTear
192 working hours per yTear
200 `vorking hours per yTear
Vacation leave requires supervisor approval. The cit�T `vill make everyT effort to grant vacation time as
requested but reserves the right to deny or approve vacation schedules.
20.2 40/40/40 Vacarion PayTout Oprion
An EmployTee ma�T request a one-time per yTear payout for fortyT (40) hours of accumulated vacation in
conjunction with taking fortyT (40) hours of vacarion leave provided that after the reduction of the
eightyT (80) hours the Employee retains a minimum vacarion balance of fortyT (40) hours. The
irrevocable elecrion to take the 40/40/40 option must be made by the end of the year prior to taking
the vacation and the vacation hours taken must be consecutive. The vacation pa�Tout �uill be made the
latter of �vhen the EmployTee has earned fortyT (40) hours of vacation in the �Tear or the pa�T period
following the vacarion taken.
20.3 Lateral Hires
Employees hired laterally from another department shall receive the following benefits in addition
to the noYmal accrual outlined in this contract:
1. 96 hours of sick leave on dayT one
2. 120 hours of vacation leave on dayT one
Employees will not accrue additional vacation or sick time during their first yTear of employment.
Unless approved at the time of hire, Employees shall not use vacation time until they have
completed field training. At the beginning of the Employee's second year, they will be placed into
the vacation plan at the yreaYs of seYvice rate commensuYate to the Employee's fulltime peace
officer yTears of service.
If the EmployTee leaves employTment `vith the Cit�T before the end of yTear one, vacation leave and
sick leave will be prorated for the y-ear. If the Emplo�Tee has used more vacation or sick leave than
the�T would have earned, the over spent leave time will be paid back on Employee's final pay-check.
Employees hired befoYe January 1, 2023, who had prior full-time peace officeY experience may
move to the vacation accrual step commensurate to their total yeaYs of full-time police officeY
experience provided they accept the reduced annual carryT over amount of 200 hours. This
irrevocable election shall be made in writing byT February 25, 2023.
11
ARTICLE 21. HOLIDAYS
RegulaY full time Emplo�rees shall be enritled to eleven (11) dayrs payr or eleven (11) da�rs time off woYk with
payT, at eight (8) hours per day, in lieu of holida�T pa�T or designated holida�Ts off �uork, on a pro-rated basis
for each month or major fraction thereof worked with the Employer. Employees scheduled to work on
the following holida�Ts will receive an additional one-half (1 /2) times pay for each hour worked:
New Year s Da�T
Martin Luther King Day
President's DayT
Memorial DayT
Independence DayT
Labor DayT
Veteran's Day
Thanksgiving Day
The dayT after Thanksgiving DayT
Christmas Eve Day
Christmas DayT
Regular full time Employees who leave the employTment of the Employer under honorable conditions shall
be paid holiday time earned on a pro-Yated basis for the months of service woYked in that calendar yeaY.
Regular full time Employrees leaving the employrment of the Employer during a calendar yeaY who have
utilized more holidayT time than would be earned on a pro-rated basis will be required to reimburse the
EmployreY foY time taken and not earned. Payment in lieu of holidayr time off of woYk, or dayrs off of woYk
in lieu of holidays will be on the basis of straight time. PayTment of unused holiday time shall be made by
the Employer to Employees each calendar year between December 15i and December 15`l'
If the city- adds observed holiday s to the non-union holida�Ts for the duration of this contract (1 / 1/23 to
12/31 /25) those holidays will be added to this contract.
ARTICLE 22. DETECTIVE ON-CALL
Detectives shall be assigned on-call dutyT on a`veekl�T basis b�T the Police Chie£ Detectives �vill not be
regularly scheduled to work the above referenced eleven (11) holidays and will receive eight (8) hours
regular payT for each designated holidayT.
Detectives assigned on-call dut�T byT management at a time other than their weekly rotation shall be
compensated one hour of compensator�T time for each dayT on-call. Changes made bet�veen Employees do
not qualifyT for the one hour compensatoryT time.
ARTICLE 23. FALSE ARREST INSURANCE
The EmployTer agrees to provide and pa�T the premiums due thereon for False Arrest Insurance to cover
the Employees Yequired to have this coverage.
ARTICLE 24. MILEAGE ALLOWANCE
The Emplo�rer agrees to reimburse an�T Emplo�Tee required to use his/her own auto per the mileage
allowance policy in effect for all cityT employees.
ARTICLE 25. COMPENSATORY TIME PROVISIONS
Regular full time EmployTees mayT be allo`ved to accumulate either Overtime worked at the rate provided
for in Arricle 12 or CompensatoryT Time at the rate of one and one-half (11/2) times the excess hours
worked. Emplo�Tees ma�T use CompensatoryT Time off dut�r with pa�r, subject to prior approval of the
EmployTer. Emplo�Tees ma�T cash out accrued but unused Compensatory Time during a regular payT period
in the month of June of each �Tear. The CinT Administrator mayT approve Compensator�r Time to be cashed
out during a regular pay period at other times during the �Tear due to unforeseen, extenuating
12
circumstances. Compensator�T Time in excess of forty (40) hours accumulated but not used as time off
with pay shall be paid by the EmployeY between DecembeY 1 s` and December 31 s` of each calendaY yeaY.
Not more than forty (40) hours of CompensatoryT Time shall be carried from one calendar yTear to the next.
All hours reimbursed by a tl�ird part�T are not subject to the above Compensatory Time provisions. All
hours paid to an Emplo�Tee that are invoiced to or reimbursed byT a third part�T �vill be paid to the
Emplo�Tee and shall not be banked as Compensator�T Time. A third part�T is defined as an�T person or
organization contracting formall�T or informall�T with the Cit�T for police services that is invoiced for or payTs
the Cit�T for such services. Services provided to ISD 728 for athletic and other customar�T events are not
considered third partyT. ISD 728 events that are special or one-time events are considered third party.
HouYs charged to gYants shall be dicta ted byr the teYms of the gYant.
ARTICLE 26. WAGES
See Appendix A.
ARTICLE 27. WAGE INCENTIVE PROGRAM
See Appendix A.
ARTICLE 28. P.O.S.T. LICENSURE
See Appendix A.
ARTICLE 29. WAIVER
Any and all prior agreements, resolutions, policies, rules, and regulations regarding terms and conditions of
employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. The
parties mutually acknowledge that during the negotiations that Yesulted in this AgYeement, each had the
unlimited right and opportuninr to make demands and proposals with respect to any term or condition of
emplo�rment not removed by law from bargaining. All agreements and understandings arrived at b�r the
parties are set forth in writing in this Agreement for the stipulated duration of this Agreement The
EmployTer and the Union each voluntarilyT and unqualifiedlyT waives the right to meet and negotiate
regarding anyT and all terms and conditions of employTment not specificall�- referred to or covered b�T this
Agreement, even though such terms and/or conditions mayT have been within the kno�vledge or
contemplation of either or both of the parties at the time this contract was negotiated or executed.
ARTICLE 30. DURATION
This Agreement shall be effective as of Januaryr 1, 2023, and shall Yemain in full foYce and effect until
December 31, 2025.
IN WITNESS WHEREOF, the parries hereto have executed this Agreement on this da�T of
, 20
FOR THE CITY OF ELK RIVER FOR LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL 231
John Dietz, MayTor Business Agent
Tina Allard, CityT Clerk Union Steward
13
APPENDIX A
A.1 RegulaY Full Time Police Officer/Wage Rates - 1/1 /23 —12/31 /25
The wage Yates listed below shall be used for purposes of calculating OveYtime,
holiday pay, incentive pay, and other items that rely on a base wage rate.
Regular Full Time Police Officer Wage Rates:
1123
Step 1 $ 31.08
Step 2 35.86
Step 3 40.67
Step 4 45.53
Employees move to the next step in the plan following t�velve (12) months of
conrinuous emplo�Tment.
The Employer has discretion, when experience and qualifications indicate, to hire at
anyT payT step deemed appropriate.
PayT steps shall increase based on the follo`ving:
June 1, 2023 — Market adjustment to number 3 of peer cityr contracts applied
in 0.25% incYements not to exceed 1% retroactive to Januar�r 1, 2023.
JanuaryT 1, 2024 — 3% general `vage increase.
June 1, 2024 — Market adjustment to number 3 of peeY cit�r contracts applied
in 0.25% incYements not to exceed 2% retroactive to Januaryr 1, 2024.
Januaryr 1, 2025 — 3% general wage increase.
June 1, 2025 — Market adjustment to number 3 of peer cityr contracts applied
in 0.25% incYements not to exceed 2% retroactive to Januaryr 1, 2025.
A.2 Adult Detective��uvenile Detective. DYug Task Force Detective
Compensation for individuals assigned to duties of the listed positions shall be at the
Yate of 4.5% above the base Yate of pay.
A.3 InsuYance Contribution
The EmployTer agrees to provide a combined payTment of wage and insurance
benefits to regulaY full rime Employees. For computation of various benefits
pursuant to this Agreement, Union EmployTees will participate in and receive the
same insurance benefits as the City's non-union employTees.
A-1
A.4 Post Em�lo�Tment Health Care Savings Plan
Effective following the signing of this contract, Employees shall contribute to the
Post EmployTment Health Care Savings Plan in the follo�ving manner:
Beginning of employTment through 5 yTears — 2% of Employee's hourly base wage
Years 6 through 10 — 2.5% of Employee's hourly base wage
YeaYs 11 through 15 — 3% of Employee's hourly wage
YeaYs 16 through 20 — 3.5% of Employee's hourly wage
Years 21 and be�Tond — 4% of Employee's hourly base wage
Employees will place 100% of their sick leave seveYance, as paid per item 18.3, into
their Post EmployTment Health Care Savings Plan unless the Employee has opted out
of the program `vhich is approved due to a qualified exemption rule: this provision is
irrevocable as set foYth by law. Should an Employee choose this opt-out provision, it
will be paid to the EmployTee as severance.
Upon the death of an EmployTee, contributions can no longer be made to the HCSP.
Anyr payrments owed but not yet paid into the HCSP will be paid out as Yegular
income in accordance with state and federal law.
A.5 Canine Officer
Regular full time Employees assigned to the duties of the Canine Officer position
shall use the last one-half (1 /2) houY of the daily wark shift foY maintenance,
grooming, feeding, kennel cleaning, and similar duties related to the general care and
wellbeing of the dog. When not scheduled on a`vork shift, regular full time
Emplo�Tees assigned to the duries of the Canine Officer position shall be
compensated for one-half (1 /2) hour of overrime for care of the dog.
A.6 Snecialt�- Pa�
Employees assigned Field Training Officer duties shall be paid three (3) hours per
day while performing FTO duties.
Employees assigned FireaYms InstructoY oY Defensive Tactics Instructor shall be
paid three (3) hours per day while performing as an instructoY for more than four (4)
hours. If performing these duties four (4) or fewer hours, theyT will receive 1.5 hours
of additional pay.
Negotiators and SWAT members shall receive 2.5% above base rate when activelyT
performing the role. This does not include training.
A.7 Wage Incentive Program
A Wage Incentive Program is offered to regular full time Employees who may
participate in the program on a voluntaryT basis. An EmployTee will earn the follo`ving
amounts provided that the Emplo�Tee meets the established guidelines for all the
identified categories.
A-2
AfteY 1 yeaY — Up to 1% of employee's ��age on the last day of that yeaY
AfteY 4 yeaYs - Up to 3% of top patrol
After 8 yTears - Up to 5% of top patrol
After 12 yeaYs - Up to 7% of top patrol
After 16 yeaYs - Up to 9% of top patYol
AfteY 20 �reaYs - Up to 10% of top patrol
Increases �vill be effective JanuaryT 1 follo�ving the change in �Tears of service.
A.8 P.O.S.T. Licensure
The EmployTer shall reimburse employTees for the cost of P.O.S.T. License rene`val.
A.9 Effective Date
This AgYeement (all items contained in Appendix A) shall be effective as of Januaryr
1, 2023, and shall Yemain in full foYce and effect until December 31, 2025.
A.10 Shift DiffeYenrial
EmployTees who work shift hours bet�veen 6:00 p.m. and 5:59 a.m. shall be paid a
shift differential of 2.5% for each hour actuallyT worked. Special detail, special
projects, and other non-regular shifts do not qualif�T for shift differential.
A.11 OfficeY In ChaY�e
Officers acting in a lead officer role shall be paid an Officer In Charge differential of
$1.30 foY each houY woYked in the lead officer Yole.
A-3
APPENDIX B
Required Uniform List
Uniforms
Item Description Quantity
Pant Class B 5
Shirts (LS) Class B 5
Shirts (SS) Class B 5
Winter coat Cold Weather 1
Soft shell coat Spring/Fall 1
Winter Gloves Insulated 1
Duty Boots Black Leather 1
Shirt(LS) Class A 1
Pant Class A 1
Tie Class A 1
Shoes Class A 1
Hat Class A 1
Rain coat High Visibility 1
Pant Class C 1
Polo (LS) Class C 1
Polo (SS) Class C 1
Undershirt (LS) Cold Weather 1
Name plate Class A 1
Equipment
Duty Belt Outer 1
Duty Belt Inner 1
Flashlight Duty 1
Flashlight holder Duty 1
Baton ASP 21" Duty 1
Baton case Duty 1
Glove holder (medical) Duty 1
Hush key holder Duty 1
Squad bag 1
Traffic vest High Visibility 1
Radio holder Duty 1
Handcuffs Duty 1
Handcuff holder Duty 1
Clipboard 1
C
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL 23 I )
Effective January I, 202��, through December 31, 2025�
INDEX
*****
r1RTICLE 1. PL?RPOSE OF INTENT ..................................................................................1
t1RTICLE 2. RECOGNITION ...............................................................................................1
t1RTICLE 3. DEFINITIONS .................................................................................................1
r1RTICLE 4. E1lfPLOYER SECURI'I`Y ...............................................................................2
r1RTICLE �. UNION SECL?RITY ........................................................................................2
r1RTICLE 6. EMPLOYEE RIGHTS - GRIEVr1NCE PROCEDL?RE ......................... 3
ARTICLE 7. Sr1VINGS CLr1USE .........................................................................................4
ARTICLE 8. SENIORITY ......................................................................................................4
r1RTICLE 9. DISCIPLINE ..................................................................................................... 7
ARTICLE 10. CONSTITUTIONr1L PROTECTION ...................................................... 7
r1RTICLE 11. �'ORK SCHEDLJLES ................................................................................... 7
r1RTICLE 12. OVERTIl�fE .................................................................................................... 6
ARTICLE 13. COURT TI1�� . ................................................................................................ 6
r1RTICLE 14. INSURANCE ..................................................................................................6
ARTICLE 17. STANDBY P�1Y ............................................................................................. 6
ARTICLE 16. UNIFOR1tiiS .....................................................................................................7
r1RTICLE 17. INJURY ON DUTY ...................................................................................... 7
r1RTICLE 18. SICI� LEr1VE .................................................................................................. 8
r1RTICLE 19. BEREAVEI��NT LEr�VE ........................................................................... 9
ARTICLE 20. VACATION ..................................................................................................10
ARTICLE 21. HOLIDAYS ...................................................................................................11
r1RTICLE 22. DETECTIVE ON-Cr1LL ...........................................................................11
r1RTICLE 23. Fr1LSE r1RREST INSURr�NCE .................................................................11
r1RTICLE 24. 1�fILEr1GE r1LLOLY'r1NCE ........................................................................11
ARTICLE 27. C01�1PENSr1TORY TI1�fE PROVISIONS .............................................11
r1RTICLE 26. LY'r1GES ..........................................................................................................12
r1RTICLE 27. \k'r1GE INCENTIVE PROGRt1M ...........................................................12
r1RTICLE 28. P.O.S.T. LICENSURE .................................................................................12
ARTICLE 29. WAIVER ........................................................................................................12
ARTICLE 30. DL?R�ITION ..................................................................................................12
r1PPENDIXA ........................................................................................................................ r11
r1PPENDIXB ........................................................................................................................ B1
ARTICLE I. PURPOSE OF INTENT
Tliis r�greement is entered into as of Januaip 1, 2021, between the Citp of Elk Rivei, heieuzaftei called the
Employei, and the Law Enfoicement Laboi Seivices, Inc (LELS�, heieuzaftei called the Union. It is the
intent and puipose of this r�greement to:
1.1 Establish procedures for the resoluuon of disputes concerning this Agreemen�s interpretation
and/orapplication;and,
1.2 Place in written forcn the paiues' agreement upon tercns and conditions of employment for the
duration of tlus �greement.
ARTICLE 2. RECOGNITION
2.1 The Employei recognizes the Union as the exclusive iepresentarive, undei �Vlinnesota Stahates
179r�.03, Subclivision 8, foi all iegulai full rime police peisonnel in the following job classificarion:
Police Officer
2.2 In the event the Emploper and the Union are unaUle to agree as to the inclusion or exclusion of a
new oi moclified job class, the issue shall be submitted to the Bureau of �Vlecliarion Seivices foi
deternunation.
ARTICLE 3. DEFINITIONS
3.1 UNION: Law Enfoicement Laboi Seivices, Inc. (LELS� Local No. 231.
3.2 UNION ��ER: r� membei of the Law Enfoicement Laboi Seivices, Inc., (Local No. 231�.
33 E�VIPLOYEE: � memUer ot the exclusively recognized bugaiiung unit.
3.4 DEPr�RT�VIENT: The Cityr of Elk River Police Departinent
3.5 E�fPLOYER: The Cit�- of Elk River
3.6 CHIEF: The Cluef of the Citp of Elk River Police Departinent
3.7 UNION STEWr�RD: Officer elected or appointed Uy the Law Enforcement LaUor Services, Inc.,
(Local No. 231).
3.8 DETECTIVE: r� regular full rime Emplopee specifically assigned or classified Uv the Emploper to
the job classificarion and�oi job posirion of r�dult Detecrive, Juvenile Detective, oi Di1ag Task
Force Detective.
3.9 OVERTI�: Woik peifoimed at the express authoiizarion of the Emplopei uz excess of the
Employee's Scheduled Sluft.
3.10 SCHEDULED SHIFT: r� consecurive woik peiiod uzclucling Rest Bieal�s and a Lunch Bieak.
3.11 REST BREr�KS: Periods during the Scheduled Siuft during wluch the Emplopee remains on
continual dutp and is responsible foi assigned duries.
3.12 LUNCH BREr�K: � period during the Scheduled Sluft during wluch the Employee remains on
continual dutp and is responsible for assigned duries.
3.13 STRIKE: Conceited acrion in fuling to iepoit foi dutyr, the w-illful absence from one's posiuon,
the stoppage of woik, slowdown, oi absrinence ui whole oi in part fiom the izall, faithful, and
proper performance of the duries of emplopment for the purposes of including, influencing, or
coeicing a change in the conclirions oi compensarion of the iights, piivIleges, oi obligarions of
emplovment.
3.14 CO�VIPENSr�TORY TIIVIE: Time off a regululy Scheduled Sluft with pay in lieu of Overrime
pay, taken with piioi appioval of the Employ ei.
3.15 PROB �TIONr�RY PERIOD: That period of rime from date of lure until an Employee is
certified as a regulu izall rime Emplopee as per the following:
a. Police Officei: Twelve (12� months fiom date of hiie.
b. Promorion: Six (6� months from the date of promorion.
3.16 OFFICER IN CHr�RGE: Emplopee who hanclles lead officer duries in the aUsence of a
supeivisoi outside of this baigau7ing unit.
ARTICLE 4. EMPLOYER SECURITY
The Employei has and will conrinue to ietain, whethei exeicised oi not, the sole and uniestiicted iight to
opeiate and manage its affaiis uz all iespects and to peifomi anp inheient manageiial funcrion not
specifically limited by the express piovisions of this r�gieement The iights of the Employei, thiough its
management official, shall include Uut not be limited to the following The right to operate and manage all
manpowei and faciliries and equipment, to set and amend budgets, to establish and moclify the
oiganizarional stilactuie, to detemune the puipose oi inission of the oiganizarion ui each of its
depaitinents oi units, to establish izancrions and piogiams, to uitioduce new oi impioved methods of
work and to determine the utilizarion of technology, to exercise control and discrerion over the
oiganizarion and the efficiency, economy, and producrivityr of opeiarions, to set standaids foi woik
seivices to the public, to change oi eluninate tlie exisring woik schedules, to assign woil�, oveirime, leave
rime, and schedule woiking houis, to hiie, examine, classify, piomote, train, tiansfei, assign and schedule
Employees uz posirions with the Employei, to suspend, demote, clischaige oi take othei clisciplinaiy acrion
against the Employ ees foi just cause, to inciease, reduce, change, moclify oi altei the composirion and size
of the woik foice, to lay off Employees, to ieallocate posirions to liighei oi lowei classificarions, to
deteimine locarions, methods, means and numbeis of peisonnel by which opeiarions are to be conducted,
to establish, modii�, combine oi abolish job classificarions, to deteimine whethei goods and seivices are to
Ue provided or purchased, and to clirect the Emplo`-ees.
r�ny term or conclirion of emplopment not specifically estaUlished or moclified bv tlus r�greement shall
iemain solelp within the cliscierion of the Emplopei to modii�; establish, oi eliminate.
ARTICLE 5. UNION SECURITY
5.1 The Employei shall deduct fiom the wages of Employees who authoiize such a deducrion, in
wiiring, an amount necessaiy to covei monthly Union dues. Such monies shall be iemitted diiectly
to the Union monthlv.
5.2. The Union map designate Emplo�ees fiom the baigaining unit to act as a Union Stewaid and an
alteinate. The Union shall uifoinz the Emplo� ei, ui wiiting, of such choice and changes in the
posirion of Stewaid and�oi alteinate.
53 The Emplopei shall make space available on the employee's bulletin board for posting Union
notice(s) and announcement(s).
5.4 The Union agrees to uzdenu7iiy and hold the Employei haiinless against anY and all claims, suits,
oideis, oi judginents biought oi issued agauzst the Employei as a result of any acrion taken oi not
taken Uy the Emploper under the provisions of tlus r�rricle.
ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 Definirion of a Giievance: r� giievance is defuied as a clispute oi disagieement as to the
urteipretarion oi applicarion of the specific teims and condirions of this �lgreement
6.2 Union Stewaids: The Employei will recognize Union Stewaids designated bp the Union as the
grievance iepiesentarives of the baigau7ing unit having the duries and responsibiliries established
by this �ricle. The Union shall norii� the Employei, in wiiring, of the names of such Union
Stewaids and of theii successois when so designated as piovided by Secrion 5.2 of this r�greement.
63 Piocessuig of Giievance: It is recognized and accepted bp the Union and the Emplopei that the
piocessing of giievance, as heieinaftei piovided, is linuted by the job duties and iesponsibiliries of
the Employees and shall, therefore, Ue accomplished during normal working hours only when
consistent with such Emplopee duries and responsibiliries. The aggrieved Emplopee and a Union
Stewaid shall be allowed a ieasonable amount of rime without loss uz pap when a grievance is
invesrigated and presented to the Employer during normal working hours provided that the
Emplo�-ee and the Uiuon Steward have notitied and received the prior approval of the designated
supeivisoi who has deteiinined that such absence is ieasonable and would not be detiimental to
the woik piogiams of the Employei.
6.4 Procedure: Grievances, as defined Uy Secrion 6.1 shall Ue resolved in confoiniance with the
following procedure:
Ste� 1. r�n Emplo`-ee clainung a violation conceriung the interpretation or application of tlus
�greement shall, w-itlun fourteen (14) calendar days after such alleged violarion has occurred,
present such grievance to the Employee's supervisor as designated by the Employer. The
Employei designated iepresentarive will discuss and give an answei to such Step 1 giievance within
ten (10) calendu days aftei receipt � grievance not iesolved in Step 1 and appealed to Step 2 shall
be placed in wiiring setting foith the natuie of the grievance, the facts on which it is based, the
provision or provisions of the r�greement allegecllp violated, the remed� requested, and shall be
appealed to Step 2 within ten (10) calendai day-s aftei the Employer designated representatives'
fuzal answei in Step 1. r�np giievance not appealed uz wiiring to Step 2 by the Union within ten
(10) calendai datis shall be considered waived.
Steg 2. If appealed, the wiitten giievance shall be presented by the Union and cliscussed with the
Emplopei designated Step 2 iepresentarive. The Employei designated iepresentarive shall give the
Union the Employer's Step 2 answer in writing witl�in ten (10� calendai days after receipt of such
Step 2 grievance. r� grievance not resolved in Step 2 map Ue appealed to Step 3 witiun ten (10�
calendai days following the Employer designated representarive's final Step 2 answer. Any
giievance not appealed in wiiring to Step 3 by the Union within ten (10) calendai days shall be
considered w-uved.
Ste� 3. If appealed, the wiitten grievance shall be piesented by the Union and cliscussed with the
Emplopei-designated Step 3 iepiesentarive. The Emplopei-designated iepiesentarive shall give the
Union the Employex's answex in wxiting witl�iu twentyr-one (21) calendar days after receipt of such
Step 3 grievance. r� grievance not iesolved in Step 3 map be appealed to Step 4 within ten (10�
calendai days following the Emplopei-designated representative's final answer in Step 3. Any
grievance not appealed in wiitiang to Step 4 bp the Union within ten (10) calendai days shall be
considered waived.
Steg 4. r� grievance unresolved in Step 3 and appealed to Step 4 bv the Union mav be submitted
to the �Vlinnesota Bureau of �Vlediation Seivices for mecliarion or to arUitration witlun ten (10)
calendai days following the Employ ei-designated representative's final Step 3 answer. If the
grievance is submitted to mediation and is not resolved, it map be appealed to aibitiarion within
ten (10� calendai da�-s followuzg the Emplopei-designated representative's final Step 4 answer. If
the puries aie unable to agree on the selection of an aibitiatoi, the Union shall iequest a list of
aibitiatois to be submitted to the pairies by the Buieau of �Vlecliation Seivices.
6.5 Arbitratoi's Authority:
a. The ubitiatoi shall have no iight to amend, moclify�, nullify, ignoie, add to, oi subtiact
fiom the teims and conclirions of this �greement The aibitiatoi shall considei uzd decide
only the specific issue(s) submitted uz wiiting by the Employei and the Union, and shall
have no authoiit� to make a decision on anv othei issue not so submitted.
b. The aibitiatoi shall be without powei to make decisions contiaiy to, oi uzconsistent w-ith,
or modii�7ng or vaiying in an�- wa�- the applicarion of laws, ilales or regulations having the
force and effect of law. The aibitratoi's decision shall be submitted in writing witl�iu thirty
(30) days following the close of the heaiuig oi the submission of biiefs by the pairies,
whichevei be latei, unless the paities agiee to an extension. The decision shall be binduzg
on both the Employer and the Union and shall be based solely on the aibitratoi's
inteipietarion oi applicarion of the express teims of tlus r�gieement and to the facts of the
grievance piesented.
c The fees and expenses for the aibitiatoi's services and proceedings shall be borne equally
bv tlie Employer and the Union, provided that each put� shall be responsiUle for
compensaring its own iepiesentarives and witnesses. If eithei paity desiies a veibarim
recoid of the proceeclings, it mav cause such a iecoid to be made, piovicling it pays foi the
recoid. If both pairies desiie a veibarim iecoid of the pioceedings, the cost shall be shued
equall`-.
6.6 Waivei: If a grievance is not presented within the time limits set foith above, it shall be considered
"waived." If a grievance is not appealed to the next step witl�in the specified time limit or any
agreed extension thereof, it shall be considered settled on the basis of the Employei's last answei.
If the Employ ei does not answei a giievance oi an appeal theieof witlun the specified rime limits,
the Union may elect to tieat the grievances as denied at that step uzd inunecliatelp appeal the
giievance to the next step. The rime limit in each step may be extended by mutual wiitten
agieement of the Emplopei and the Union in each step.
ARTICLE 7. SAVINGS CLAUSE
Tliis r�gieement is subject to the laws of the United States, the State of �Vlinnesota and the Citp of Elk
Rivei. In the event any piovisions of this �lgreement shall be held to be contiaiv to law by a couit of
competent juiisclicrion fiom whose tlnal judgrnent oi deciee no appeal has been taken within the rime
lvnits piovided, such piovision shall be voided. rlll othei piovisions of this r�greement shall conrinue in
full force and effect The voided provision may- Ue renegotiated at the written request of either party-.
ARTICLE 8. SENIORITY
8.1 Seniorityr shall be deternuned by the regular hall rime Employee's length of continuous
emplopment with the Police Depa itinent and posted uz an appiopiiate locarion. Senioiitp iosteis
map be maurtained bp the Ciuef on the basis of rime uz grade and rime within specific
classifications.
8.2 During the ProUationar�- Period, a new-ly-lured or relured Employ-ee may- Ue clischarged at the sole
discrerion of the Emploper. During the ProUationar� Period, a promoted or reassigned regular full
rime Emplo�-ee map be ieplaced in the Employee's previous position at the sole discretion of the
Employei.
83 r� reducrion of the woik foice will be accomplished on the basis of senioiity. Regulai full time
Employees shall Ue recalled tiom layoff on the Uasis of senioritp. � qualified regular izall rime
Emplo�-ee on la�-off shall have an opportuiut�- to return to worl� «-itlun two (2� y-ears of the time of
lus/her la�-off before an`- new Emplovee is lured.
8.4 Senior regular full time Employees wIll Ue given preference with regard to transfer, joU
classificauon, assignments and piomorions when the job-ielevant qualificarions of Emplopees aie
equal.
8.5 Two conrinuous vacarion peiiods shall be selected on the basis of senioiityr unril r�piIl 1 of each
calendar `-ear.
ARTICLE 9. DISCIPLINE
9.1 The Emplo�er will discipline Emplopees for just cause onlp. Discipline will Ue in one or more of
the following fomzs:
a. oral reprimand;
U. written reprimand;
c. suspension;
d. demorion; or,
e. discharge.
9.2 Suspensions, demotions and clischaiges will be in wiitten fomi.
93 Wiitten iepiunands, norices of suspension, and norices of clischaige which ue to become pait of
an Employee's personnel file shall be read and acknowledged by signature of the Emplopee.
Employees and the Uiuon will receive a copy of such reprimands and/or norices.
9.4 Emplopees may exanune theii own individual peisonnel files at ieasonable rimes undei the clirect
supeivision of the Emplopei.
9.5 Employees will not be quesrioned concen7ing au invesrigarion of clisciplinary acrion uiiless the
Emplopee has Ueen given an opportunit�- to have a Uiuon Steward present at such questioning.
9.6 Grievances relaung to tlus r�rricle shall be iniriated bv tlie Uiuon in Step 3 of the grievance
procedure under rlrticle 6.
ARTICLE 10. CONSTITUTIONAL PROTECTION
Employees shall have the iights granted to all cirizens by the United States and �Vlinnesota State
Constiturions.
ARTICLE I I. WORK SCHEDULES
11.1 The noimal woik peai foi iegulu iull rime Emplopees is two thousand and eight� (2080) houis, to
Ue accounted for U�- each Emplo`-ee through:
a. houis woiked on assigned sliiits;
b. holidaps;
c. assigned ttraining; oi,
d. authorized leave time.
11.2 Notlung contained in tlus or anp other r�rricle shall Ue interpreted to Ue a guarantee of the
nunimum or maxinmm numUer of hours the Employer may assign Employees.
113 r�ny change of an Employee's schedule made by the Emplopei with less than a 24-houi norice shall
iesult uz the payment at the iate of rime and one half the Employee's base rate of pay foi all houis
woiked duiuig the scheduled change. Change in slufts initiated bp the Emplopee, special detaIl,
special piojects, and othei non-iegulai sliifts do not qualify foi this piovision.
ARTICLE 12. OVERTIME
12.1 Emplopees will be compensated at one and one-half (1'/z) rimes the Employee's regulai base pay
iate foi houis woiked ui excess of the Employee's regularly Scheduled Shift Changes of shifts do
not qualiiti- an Emplo`-ee for Overtime under tlus Article.
12.2 Oveitime will be distiibuted as equallp as piacricable.
123 Oveitime iefused by Employees will, foi recoid puiposes undei rl�ricle 12.2, be considered as
unpaid Overtiine worked.
12.4 For the purpose of computing Overtime compensation, overtime hours worl�ed shall not Ue
p`-ranuded, compounded, or paid tw�ice for the same hours �z-orked.
12.5 Oveitime will be calculated to the neaiest fifteen (15� minutes.
12.6 Employees have the oUligarion to work Overrime or call Uacks as requested Uy the Emploper
unless unusual circumstances prevent the emplopee from so working. The nuiumum call Uack will
be two houis.
ARTICLE 13. COURT TIME
r� regular full time Employee who is required to appear in Court during the Employee's scheduled off-duty
rime shall receive a minimum of three (3� hours' pay at one and one-half (1'/z) times the Employee's base
pay rate. r�n extension or early report to a regularly Scheduled Sluft does not qualify the regular izall riine
Employee for the three (3) hour minimum. �n Employee who works a night sluft shall receive a
minimum of three (3� hours pay at two (2� times the Employee's base pay rate if the Employee is required
to appeai ui couit piioi to 2:00 p.m. that same day. r�n Emplopee who woiks a powei shift shall receive a
minimum of three (3� hours pay at two (2� times the Employee's base pay rate if the Employee is required
to appeai uz couit piioi to 10:00 a.m. that same day.
If couit is cancelled with less than 24-hours' notice the iegulu izall rime Employee is eligible foi a
nunimum payment of one and one-half hours (1 '/z) of pay. Under no circumstances will the regular izall
rime Emplopee Ue eligiUle to receive Uoth the one and one-half hours (1 '/z) court cancellarion pay outlined
in this paiagraph and the thiee (3) hours' pay rate for court appeaiances as outlined in the preceding
paiagraph. The Employee maintains the ultimate iesponsibilit� foi case schedule.
r� regular, full-rime Emplopee suUpoenaed or scheduled to appear in court as the result of a law
enforcement event relaring to a previous law enforcement employ-er shall, upon twentyr-foux (24� houxs'
norice, be switched to an administiarive shift foi the peiiod expected to attend couit The Employee shall
retuin to his�hei pievious shift schedule upon conclusion of the cour�s requirements.
ARTICLE 14. INSURANCE
See rlppendiY r�.
ARTICLE 15. STANDBY PAY
Regulai full rime Employees iequiied by the Emplopei to standbti shall be pud foi such standby rime at
the iate of one-half ('/z� hours' pay for each hour on standbp.
ARTICLE 16. UNIFORMS
Regular izall rime Employees will be creclited with an uinual uniform allowance account to Ue used on a
vouchei system basis.
The annual unifoim allowance amount will be as follows:
New officers wrill receive equipment and uiuforms from the depart�nent as identified in r�ppencli�
B.
Year 2- No allowance (Year 2 begins on Januuy 1 following the date of lure.) Employees lured in
2020 w�ill receive a$900.00 allowance for 2021.
Year 3 - $900.00
Year 4 and 5 - $750.00
Yeais 6 tluough 10 - $700.00
Yeais 11 tluough 15 - $650.00
Yeus 16 tluough 20 - $600.00
Yeais 21 tluough 25 - $550.00
Years 26 through Rerirement - $500.00
The cit� «-ill «ork �z ith the t-endor to find an a�-eiage annual �eicentage inn�ease foi the follo�vui�
benclimarked uiufonn iteins and increase the allowance as such:
Pant
Loug Sleeve Slurt
Short Sleeve Slurt
I�,� Px,ot
With receipts piovided, r�dult Detectives shall receive ieimbuisement of up to $700.00 foi the puichase of
civilian diess clothes. Juvenile Detecrives and Diug Task Foice Detecrive shall follow the schedule above
and map purchase civilian clothes, for reimUursement with receipts, or uniform items.
rlll items to be chaiged to the Emplopei bp the iegulai full rime Employee on the vouchei s�-stem basis
must receive prior approval of the Police Cluef.
The amount chaiged shall not exceed the outstanding balance ui the Employee's uniforcn allowance
account.
Uniforms for regular full tiine Employees dainaged Uey ond reasonaUle repair in the line of duty shall Ue
replaced Uy the Employer, suUject to reasonaUle depreciation calculated by the Emploper.
r�n Emplopee who has suUmitted a norice either verUallv or in wriring to ternunate emplopment shall no
longer Ue allowed to purchase uniforms under tlus secrion and no reiinUursement shall Ue made for any
puichases aftei the veibal oi wiitten norificarion, whichevei comes eailiei, of urtent to tem7inate has been
received.
r�n Employee who fails to successizally complete field training shall return all equipment and uiuforms
puichased undei this secrion to the Police Chief befoie leaving emplopment Items not ietumed as
iequiied by this policy will be deducted itom the Employee's last paycheck. All such deductions will be
based on tlie puichase piice of tlie equipment not retuined.
r�ny new oi adclitional items mandated by the cit�- shall be puichased by the cit�-. r�nv adclirional items
desired Uv Employees, Uut not included in �ppenclix B, shall be purchased from the employee allowance.
The city= will develop a Load Bearing Vest program and izand Load Bearing Vests uid replacement.
ARTICLE 17. INIURY ON DUTY
Regular full time Emplo`-ees injured during the perforinance of their duties for the Employ-er shall Ue paid
the diffeience between the izall rime Employee's regulai pay and workei's compensation insurance
papments foi a peiiod not to exceed foit5 -five (45) woiking daps pei injui5, not chaiged to the iegulai iull
time employee's vacauon, sick leave or other accumulated leave time, for full shifts off work due to injury,
in adclirion to any- pairial shifts off of woik on the uiirial day of injuiy, and aftei tluee (3� woil�ng days
inirial wairing period per injury. The three (3) working dap wairing period shall Ue charged to the regular
izall time Employee's sickleave accountless workei's compensation insurance payments.
ARTICLE 18. SICK LEAVE
18.1 Regulai full rime Employees shall acnlae at the iate of twelve (12) days of sick leave pei yeu, with
no maximum accrual limit.
Leave Ualances w-ill Ue checked on the last pay- da`- in OctoUer of each `-ear.
If Emplopee is at oi ovei 960 acciued sick houis, thev will begui accruuzg leave at the iate
ot eight (8� days per year on the first pay day in NovemUer.
If Employee is under 960 accrued sick hours thep wIll remain accruing at the rate of twelve
(12� day-s per y-ear.
When balances ue checked on the last pay day in October the following y ear, Employees
acciuing at the eight (8) daps pei peai iate shall have one-half (1�2� of the previous yeai's
accrued hours paid into Employee's Post Employment Health Caie Savuigs Plan and the
remaining half will remain in Employee's sick leave bank. ie: If you begin the yeai at the 8-
dav acnlaal rate half of your yeaz's acnlaal will Ue paid into your PEHCSP at the end of the
`-ear and the other half w�ill remun in �-our Uank.
If the balance is below 960 when checked the followuzg yeai, Employee retuins to the
twelve (12� days per year accrual rate. Employees are not eligiUle for HCSP payment when
accruing at the twelve (12� days per year rate and all unused acnlaed hours remain in their
banl�.
If the Ualance is at or aUove 960 when checked, they move to or remain in the eight (8) day
per �-ear accrual plan.
Foi the puipose of uziplemenring this plan in 2021, the leave balances will be checked on the fust
pay day following the signing of this contiact and the teims above will apply gouzg foiwaid, not
retioacrively to Januaiy 1, 2021.
18.2 r� regular full time Employee shall norify� the Employer Uefore the start of the Scheduled Sluft or
as soon as possible thereaitei of his�hei uiabilityr to iepoit foi dutp. The Emplopei map iequiie of
iegulai full time Employ-ees pioof of illness foi anv use of sick leava In cases of extended Illness,
iegulu izall rime Employees shall noriiy= the Employei of theii status ��� ��-�R, .�1. r��
lus/her return to dut�-weekly-.
EligiUle Employees may use sick time for the following reasons:
a. Peisonal illness oi injuiy oi in oidei to attend meclical appointinents (i.e. doctois, denrists);
U. To care for sicl� fanul`- memUers,
c To take familp membeis to medical appointinents (i.e., doctoi, denrists);
d. Reasonable peiiod of rime not to exceed 160 houis pei veai foi illness oi injuiy to the
employee's family member; and,
a If the 160 houis idenrified in 18.2(d) above is exhausted, up to five (5) days ui any calendai
month to care for seriously Ill familv memUers who may not live with the employee. For
purposes of this provision, "seriously ill" shall be detemzined at the sole cliscierion of the cit�
administtratoi.
For the purpose of this section, fau�ily member is defined as the employee's stepchild, biological,
adopted oi fostei cliild, adult cliildien, spouse, sibluig, puent, mothei-in-law, fathei-in-law,
gruzdchild, giandpaient, and steppaient Sick leave use for the employee's adult children, spouse,
sibling, paient, mothei-in-law, fathei-in-law, gruzdcliild, grandpaient, and steppaient is limited to 160
houis (combuzed) ui a 12-month peiiod. The 12 months begins on the fust day the employee uses
leave foi this puipose. Stepchild, biological, adopted oi fostei child not subject to the 160 houis limit
must be undei 18 veais of age oi undei 20 yeais of age if srill attencling secondary school.
183 r�n Employee resigning lus/her employment with the Cityr mav be eligiUle for a cash out of unused
sick leave if all of tlie following conclitions are met
1. The Emplopee must resign in good standuig (Emplopee is not beuig teiminated by the Cityr);
and
2. The Employee must piovide piopei wiitten norice of liis�hei resignarion �� lra�t i< �
1-+ �-,len�1 t� 1.a� s �cl,-�ui� ��u��l in accosdance widi die City Resignarion Polic�; and
3. The Emplopee must execute a release of claims.
Pa`-ment shall Ue Uased on the consecutive y-ears of service completed Uy- the Emplo`-ee and
lus/her accrued sick leave balance.
r1n Emplo�-ee ternunating aftei completing �s-�}ri� �� '�; y-ears of consecutive seivice will receive
payment _ oi - � i - -- - - �
,,
�, ` �_as oi��lined belo�t . Payment shall be at the cuiient iate
of pay when the resignarion is submitted.
��9 �on � uri�� � a�� of s�i; irP ���° o of u� to 960 houis
lU or more consecuuee � ears ot sei�-ice �0°�0 of houis up to 960 houis
'1�0�� Ei�:::lo�ees with 15 oi moie �-eais of suvice and retuuzg at age 50 oi oldei from reg��lai,
Vr = 6'.'OST c�ualitled ��olice woik:
l�-19 consecutive j�eais of seivice 60% of u� to 960 houis
'0-24 consecutive �-eais of seivice 65% of u� to 960 houis
`�-29 consecutive �-eais of seivice 70% of u� to 960 houis
���-32 consecutive � eais of seivice 75% of up to 960 houis
} i oi more consecutive �-ears of seivice 80% of up to 960 houis
F itt�r oer_�ent (50%1 of the severance will Ue �aid in accordance cvith the rimeline outlined
iu the release of claims. The remaiiun� severuice will be �aid a�no�matel�- 90 da�
��lloRiii� termination nrot-ided thr Em�� lo� ec �l<��, nor reh�rn t� actit-e �olicii��>.
r�np accumulated sick leave in excess of nine hundied sixt5 (960) houis is not eligible foi pa�ment
under tlus policv. Emplopees maY continue to accumulate sick leave in excess of nine hundred
sixty (960) hours to Ue used in accordance with the Fanuly �Vleclical Leave r�ct.
18.4 In the event of an Emplopee death, papment of this benefit consistent with tlus r�iricle map be
approved U�- the cityr adnunishator if the Employee would have Ueen eligUle for cash papment
undei item 183.
ARTICLE 19. BEREAVEMENT LEAVE
Regular hall-time and regular part-time Emplo�-ees working a nuiunmm of 1040 hours per �-ear are
peiinitted a paid Beieavement leave foi the puipose of mal�ing aiiangements, attending the funeial, caiuig
for deceased's survivors, gathering with relatives, and�or to otherwise grieve the loss when a death occuis
in their fai�ulp. Bereavement leave is prorated for eligiUle regular part-rime Einplo�ees accorcling to the
numUer of hours worked. Leave with pap is limited to the following:
Up to five (5� days Husband, Wife,lVlothei, Fathei, Son, Daughtei, Biothei, Sistei, �r
� r�.�rerSte�morher, �rSte��fathei�, Step Son, Step Daughtei, Step Biothei,
Step Sister
Up to tluee (3) daps Son-In-Law, Daughtei-In-Law, �Vlothei-In-Law, Fathei-In-Law, Giandpaient,
Grandcluld
One (1� dav Employee's Aunt, Uncle, Cousin, Niece, Nephew, Sister-In-Law, Biothei-In-Law,
Godchild, Giandpuents-In-Law
Days off shall be concunent If theie is a need foi days that aie not concuiient, those days shall be ananged
arith vour supeivisor and approved Uy human resources or the cityr adnunistrator.
rldclitional time off for Uereavement leave may- Ue granted and charged to vacation leave or Compensator�-
Time, if any-.
�dclitional Uereavement leave may- Ue granted U�- the Cit�- r�dnuiushator at lus/her cliscretion for
exttraoiduiai-� sihaarions.
ARTICLE 20. VACATION
20.1 \ acation lea�-e is accrue�l ��1-�ed on con�ecuuz e �eai� of Iea�r-elisible �ei�-ice. lo determine an
Lm�lopee's vacation accrual rate, yeus of seivice will iiiclude all continuous tiine the em�lovee has
«orked �f�r the �Cin in a��osirion that is Plivible tor ��aid lea�-e (induclinQ authorized un��aid lea�-el
<�, __ <<�1���, e ::ir�=d :�-tFr lam� u 1_'0� �, a h�l'.tnne nr ice otfi< <r in c�uother oroanization.
a Regular full rime Emplopees shall accrue paid vacarion leave based on the `-"�n---' -�schedulee below.
Lin��1c ��-� � luie�i ,� ioce llecein'o t�1, "_C!-"', ma� carr� more than 240 hours ot��catiun les«-e duiu7Q
;i �-ear Uut ina�- uot can�- more than 2�0 houis fon��ard to the uext calendar � ear.
'�on-lateral hued Emplovees lured after Tanuar�r 1, 2023, shall accilae 120 woikine hours �er vear at
the start of eligiUle em�lovment tlirough the com�letiou of their iuuth � �ear. The,��,�L-�
niore thui 120 hours of vacation leave during a vear Uut ma� not carry more than their annual accrual
unonut forward to the next caleudar vear.
Ln�plo� ees with fewei than eight ��eais of seivice as of January 1, 2023, ma�r receive tlie new
accrual rate �rovided the,�L�t and acknowledge the reduced aunual carrv-over rate Uein� eauY�l to
tlieir anunal accrual rate. The rec�uest aud acknowledgement shall Ue iu writin�. Em�lo�-ees will have
until FeUn�ai�-25, 2023, to mabe tlus election. Vacation balances over their aimual accil�al rate must
t �,�P�ll��-liF� _'����il.?I]??,
Lengdi of Service
r�ccrual Rate
From start of employment tluough complerion of the 5`�' year 88 working hours per year
Beginiung of the 6`�' vear through completion of the 7`�' year 112 working hours per year
10
Beginiung of the 8`�' y-ear through completion of the 9`�' y-ear 120 working hours per y-ear
Beginiung of the 10`�' year through completion of the 11`�' year 128 working hours per year
Beginiung of the 12`�' pear through completion of the 13`�' pear 136 working hours per pear
Begimiing of the 14`�' year through completion of the 15`�' year 144 working hours per year
Beginning of the 16`�' vear through completion of the 17`�' y eu 152 working hours per year
Beginiung ot the 18`�' yeu 160 working hours per year
Beginiung of the 19`�' year
Beginiung of the 20`�' `-ear
Beginning of the 21�` year
Beginiung of the 22"`� y-ear through completion of the 24`�' y-ear
Beginiung of the 25`�' y-ear and thereafter
168 woiking houis pei yeai
176 working hours per yeu
184 working hours per year
192 woiking houis pei peu
200 working hours per year
��i�� ��
20.2 40/40/40 Vacation Pa�-out Option
r1n Employ-ee ma�- request a one-time per y-ear pay-out for forty- (40) hours of accumulated vacation in
conjunction «ith taking forty- (40) hours of vacation leave provided that after the reduction of the
eight�- (80) hours the Emplo`-ee retains a nuiuinum vacation balance of fort�- (40) hours. The
irrevocable election to tal�e the 40/40/40 option must Ue made U`- the end of the vear p�ior to taking
the vacation and the vacation houis taken must be consecutive. The vacarion papout will be made the
latter of when the Employ-ee has earned forty- (40� hours of vacation in the y-ear or the pap period
following the vacauon taken.
20.� Lateial Hires
Emplorees lrired lateiall�- from another de�aitment shall recei�e the followuig benehts in addition to the
��.�����1 accival outlined ui tlris contcact:
L 96 houis of sick leave on da,=�
120 houis of vacarion leave on dav one
Lm��lo� ees will not acnue adclitional vacation or sick time during their tust � ear of ein�lo�-ment Unless
auc�roved at tlie time of lure, Esnplo�=ees shall not use vacarion time until tlie�r have cosnpleted field
traiiung. r�t the Uegim7uig of the Emglopee's second �rear, thec will Ue �laced into tlie vacatiou plan at tlie
� eus of seivice iate commensuiate to tlze Em�lopee's fulltime �eace officer peais of service.
If the Em�lo�ee leaves em�lo�rment with tlie Ceit� Uefore the end of veu oue, vacariou leave aud sick
leave will Ue �rorated for the � ear. If the Em�lo�ree has used more vacation or sick leave than the� would
have earned, the over-s�eut leave rime will be �aid Uack ou Emglovee's final �avdieck.
Em�1ot-ees lured before Tanuan 1, 202�, Rzho had �rior full-tune �e�ce �fficer eY�eriPnce m�t m��-e t� the
t-acation accrti.il stet� coininen,l�r.ite to rheir tot<<1 ,,.�i-� or b ll'>>ne ,�,�« .- oltt. , i z��r i���,� ��„� .1��1 ���1 t-
11
�=c�=},. tl,e� �ect _d >., �n .l � .�i7 � �, �'r;�in_m�,t c,r ?� � _:,�m'>. Il �� icrr< <,� : bl�� � 1���tior >1 _ ll be n.� ci�� ii.
- -:•. r � I °. . .. -, n > , � �
ARTICLE 21. HOLIDAYS
Regular full rime Emplopees shall Ue enritled to eleven (11) days pap or eleven (11� days rime off work with
pay, at eight (8) houis pei dap, in lieu of holiday pap oi designated holidays off woik, on a pio-iated basis
for each month or major fraction thereof worl�ed w�ith the Emplo`-er. Employ-ees scheduled to worl� on
the following holiday-s �z�ill receive an additional one-half (1 /2) times pa`- for each hour worl�ed:
New Yeai s Day Veteran's Day
�VIu-tin Luther King Day Thanksgiving Dap
President's Day- The da`- aker Thanl�sgiving Da`-
�Vlemorial Dav Cluistinas Eve Dav
Independence Day Cluistinas Day
Labor Da`-
Regular full rime Employees who leave the employment of the Emploper under honoraUle condirions shall
be paid holiday rime eained on a pio-iated basis foi the months of seivice woiked in that calendai peai.
Regular full time Emplo`-ees leaving the employ-ment of the Employ-er during a calendar y-ear who have
utilized more holiday- time than would be earned on a pro-rated basis will Ue required to reimUurse the
Employ-er for time taken and not earned. Pa�-ment in lieu of holida�- time off of work, or da�-s off of work
in lieu of holiday-s wIll be on the Uasis of straight rime. Pa�ment of unused holida�- time shall Ue made Uv
the Employei to Employees each calendai yeai between Decembei 1s` and Decembei 15`�'.
If rhe � it .�ic?� __e _�olida�-s to the non-uiuon holida�-s foi the duiation of tlus contiact (1 /1 /23 to
12/il 3�'� tLo�e'���lidaT 5«ill be �dded to tl�is contract.
ARTICLE 22. DETECTIVE ON-CALL
Detecrives shall be assigned on-call dutp on a weekly basis by the Police Chie£ Detecrives will not be
iegulailp scheduled to woik the above iefeienced eleven (11� holidays and will ieceive eight (8� houis
regular pay- for each designated holida`-.
Detecrives assigned on-call dutp bp management at a time othei than theii weeklp iotation shall be
compensated one hour of compensator`- time for each day- on-call. Changes made Uetween Emplo`-ees do
not qualifp for the one hour compensatory time.
ARTICLE 23. FALSE ARREST INSURANCE
The Employei agrees to piovide and pap tlie premiums due theieon foi False r�iiest Insuiance to covei
the Emplopees iequiied to have this coveiage.
ARTICLE 24. MILEAGE ALLOWANCE
The Employer agrees to reimburse any Employee required to use lus/her own auto per the nuleage
allowance policy- in effect for all cit�- employ-ees.
ARTICLE 25. COMPENSATORY TIME PROVISIONS
Regular full rime Employees inav be allowed to accumulate either Overrime worked at the rate provided
foi uz r�iricle 12 oi Compensatoiy Tune at the iate of one and one-half (1'/z) rimes the excess houis
12
woiked. Emplopees may use Compensatoiy Time off dutp with pay, subject to piioi appioval of the
Employer. Employees may cash out accrued Uut unused Compensatory Time during a regular pay period
in the month of June of each pear. The Citp r�dministrator ma� approve Compensatoi� Time to Ue cashed
out during a regular pay period at other times during the �-ear due to unforeseen, extenuating
ciicumstances. Compensatoiy Time in excess of foityr (40� houis accumulated but not used as rime off
w�ith pa�- shall be paid b�- the Emplo`-er Uetween DecemUer 1�` and DecemUer 31�` of each calendar �-ear.
Not more than fort� (40) hours of Compensatoi� Time shall Ue carried from one calendar pear to the next.
rlll houis ieimbuised by a thud paity ue not subject to the above Compensatoiy Time piovisions. r1ll
hours pud to an Emplopee that are invoiced to or reimUursed Uv a tlurd part� will be paid to the
Emplopee and shall not be banked as Compensatoi5 Time. r� thiid paitpis defuied as anp peison oi
orgaiuzation contracting formall`- or informall`- �uith the Cit�- for police seivices that is invoiced for or pays
the City foi such seivices. Seivices piovided to ISD 728 foi athletic and othei customaiy events aie not
considered tlurd party. ISD 728 events that are special or oue-rime events are considered tlurd part�.
Houis chaiged to grants shall be dictated bp the teims of the grant.
ARTICLE 26. WAGES
See r�ppendiY r�.
ARTICLE 27. WAGE INCENTIVE PROGRAM
See rlppendix r�.
ARTICLE 28. P.O.S.T. LICENSURE
See r�ppendix �.
ARTICLE 29. WAIVER
r�ny and all prior agreements, resolurions, policies, rules, and regularions regarcling terms and conclirions of
emplopment, to the extent inconsistent with the piovisions of this r�greement, aie heiebp supeiseded. The
paities muhaallp aclilzowledge that duiing the negoriarions that resulted in this r�gieement, each had the
unlimited iight and oppoitunity� to make demands and pioposals with respect to any temz oi conclirion of
emplopment not removed bp law tiom baigauiing. r�ll agieements and undeistanclings aiiived at by the
paities are set foith in wiiring ui this r�greement foi the sripulated duiarion of this r�gieement The
Employei and the Union each voluntaiIlv and unqualifieclly waives the iight to meet and negotiate
regarcling an`- and all terms and conclitions of employ-ment not specifically- referred to or coaered by- tlus
r�greement, even though such terms and/or conclitions mav have beeu witlun the knowledge or
contemplarion of eithei oi both of the paities at the rime this contiact was negoriated oi executed.
ARTICLE 30. DURATION
Tlus r�greement shall Ue effecrive as of January 1, 202��, and shall remain in izall force and effect unril
Decembei 31, 2023=
Ll� WITNESS D�'HEREOF, the pairies hereto have executed this �lgreement on tlus _ day of
, 20_
FOR THE CITY OF ELK RIVER FOR Lr�W ENFORCE'VIENT Lr�BOR SERVICES, LNC.
LOC �L, 231
13
John Dietz, �Vlapoi Business r�gent
Tina rlllard, Cit�- Clerk Union Steward
14
APPENDIX A
r1.1 Regular Full Time Police Officer/Wage Rates - 1/1 /2�? —12/31 /2��
The ��age rates listed below shall be used for purposes of calculating Overtiine,
holiday pay, incentive pay, and otl�er items tl�at rely on a base wage rate.
Regular Full Time Police Officer Wage Rates:
112��
Step 1 � �-4C� i 1.U8
Step 2 �43�.86
Step 3 �,?�40.67
Step 4 �4�.�5
Employees move to the next step in tlie plan following tt�elve (12� months of
continuous employment.
The Emplo�er has discretion, when experience and qualifications indicate, to hire at
any pay step deemed appropriate.
Pay steps shall increase based on the following:
{�= i�_1, 202� i— Market adjustment to ��,nunii�ei 3 of peer city
contracts ani�lied in 0.��° o inciements not to exceed 19.3% retroactive to
Januar� 1, 202��.
January 1, 202�� — 3% general wage increase.
{�=inae 1, 202�-� — Market adjustment to �number � of peer city
contracts applied in 0.25% increments not to exceed 2�a% retroactive to
Januar� 1, 202�.
1_=nuarG� L 202� — 3% general wa�e increase.
hine 1, 2025 — Market adjustinent to number 3 of �eer citv contracts a�lied
:, (1.2�°�o increments not to exceed 2°�o retroactive to Tanuary 1, 2025.
A.2 Adult Detective,�uvenile Detective, Dru� Task Force Detective
Compensation for individuals assigned to duties of tlie listed positions shall be at tl�e
rate of 4.5% above the base rate of pap.
A.3 Insurance Contribution
The Employer agrees to provide a combined payment of wage and insurance
benefits to regular full time Employees. For computation of various benefits
pursuant to tlzis Agreement, L?nion Employees will participate in and receive tl�e
same insuxance benefits as the Cit�'s non-union employees.
A-1
A.4 Post Em�lovment Health Care Savings Plan
Effective following tlie signing of this contract, Employees shall contribute to the
Post Employment Health Care Savings Plan in the follo��ing manner:
Beginning of emplo�ment through 5 years —�;% of Emplo�ee's hourl� base wage
Years 6 tl�rough 10 — 3,z3?_�% of Emplo�ee's hourl� base wage
Years 11 �h�c,t�,� - —3 �u oFEnat>�c�_.f:'s hourl�� .,_
` E:.��s 1 G th��<�u� �i "_U — 3.5% of Fm��1����rc � 1 E�tzr'� ,z ?,;
� e�irs � 1 and beyond —��% of Emplo�ee's hourl� base wage
Employees ��ill place 100% of tlieie sick leave severance, as paid per item 1$.3, into
their Post Emplo�ment Health Care Savings Plan unless t17e Emplo�ee has opted out
of tl�e program which is approved due to a qualified exemption rule: t17is provision is
ierevocable as set fart17 by law. Should an Employee d7oose this opt-out provision, it
will be paid to the Employee as severance.
��on the deatli ��i an Lin��1o� ee, contr.bution� can no lon�er he made to thc HCSP.
_�n�anments owed but not vet }�aid into the HCSP will be �aid out as regulai
Ycome in accordance �vit�1 state and federal la�v.l � Commented [WLl]: Added at the request of MBRS.
r15 Canine Officer
Regular full time Employees assigned to the duties of the Canine Officer position
shall use tl�e last one-half (1 �2� hour of the daily work shift for maintenance,
grooming, feeding, kennel cleaning, and similar duties related to tl�e general care and
wellbeing of t17e dog. When not scheduled on a work shift, regular full time
Employees assigned to tlie duties of the Canine Officer position shall be
compensated for one-half (1 �2� hour of overtime for care of tlie dog.
� : ,i.� -r.., ,:., _ .�cti , .. �,-.�� n,._,
r1.6 � _ ��-rn--��.�,;;ec::':ltt P�i�
Employees assigned Field Training Officer duties shall be paid ��three ($� hours
per day wlvle performing F"TO duties.
1�rn��lo� ees lssl�ned Fiic uiu� lnstructoi oi Defensi�re Tactics Instructor shall be
;��iid tluee (� houis �ei a�l; �c-lule �erforming as an instructor for more than four (41
' �ours. If }�erforming these duties four �41 ar fewer hours_ tliev will receive 1.� hours
� � f additional �ay.
�e�otiators and SWr1T members shall receive 2.5% above base rate �vhen activelv
�erfo�•mi�� The ro1e. T1us does not include traiiunQ.
A.7 �klage Incentive Program
A�k7age Incentive Program is offered to regular full time Employees ��ho may
participate in the program on a voluntary basis. An Employee u�ill earn the follouring
amounts provided that t17e Emplo�ee meets the established guidelines for all the
identified categories.
A-2
,1, � �� ,
C, i rt.
After � 4 years - Up to 3% of top patrol
After �� �ears - Up to �5% of top patrol
After � 1�years - Up to =Fi% of top patrol
rlfter �=r16 years - Up to 7 a9% of top patrol
rlfter 2��e� �ears - Up to i11�1% of top patrol
'� �� ,�<- �, il1 bc c� �ectit e I anu�lr� 1 iollo ,.�t• the t1, �n�e m � ear, <,t ;e.� ice,
A.8 P.O.S.T. Licensure
The Employer shall reimburse employees for tl�e cost of P.O.S.T. License renewal.
A.9 Effective Date
This Agreement (all items contained in Appendix A� shall be effective as of January
1, 202�0, and shall remain in full force and effect until December 31, 202?�.
A.10 Shift Differential
Employees who work shift hours between 6:00 p.m. and 5:59 a.m. shall be paid a
shift differential of �-7-s'.�" �:� for each hour actuall� worked. Special detail, special
projects, and otl�er non-regular shifts do not qualif� for shift differential.
A.11 Officer In Char�e
Officers acting in a lead officer role shall be paid an Officer In Charge differential of
�1.30 for each hour worked in tlie lead officer role.
A-3
APPENDIX B
Required LTniform List
U niforms
Item Description Quantity
Pant Class B 5
Shirts (LS) Class B 5
Shirts (SS) Class B 5
Winter coat Cold Weather 1
Soft shell coat Spring/Fall 1
Winter Gloves Insulated 1
Duty Boots Black Leather 1
Shirt(LS) Class A 1
Pant Class A 1
Tie Class A 1
Shoes Class A 1
Hat Class A 1
Rain coat High Visibility 1
Pant Class C 1
Polo (LS) Class C 1
Polo (SS) Class C 1
Undershirt (LS) Cold Weather 1
Name plate Class A 1
Equipment
Duty Belt Outer 1
Duty Belt Inner 1
Flashlight Duty 1
Flashlight holder Duty 1
Baton ASP 21" Duty 1
Baton case Duty 1
Glove holder (medical) Duty 1
Hush key holder Duty 1
Squad bag 1
Traffic vest High Visibility 1
Radio holder Duty 1
Handcuffs Duty 1
Handcuff holder Duty 1
Clipboard 1
C