HomeMy WebLinkAboutVIII-07 Approve 2022-2023 Sergeants Unit Local 462 Union Contract
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Dan Wietecha, City Administrator
Date: January 3, 2022
Item: 2022-2023 Police Sergeants Union Contract
Council Action Requested:
Approve the 2022-2023 union contract for Law Enforcement Labor Services Local #462
Sergeants Unit.
Background Information:
It is recommended that the Council act approving the 2022-2023 union contract for the
Local #462 Police Sergeants Unit. The contract term is for January 1, 2022 – December
31, 2023.
Proposed changes include:
• 3.0% cost of living adjustment on January 1, 2022 and January 1, 2023.
• Shift differential increases to $0.85 January 1, 2022 and to $1.00 January 1, 2023.
• Renewal of Memorandum of Agreement for Sick Leave Severance Pay.
• Renewal of Memorandum of Understanding for Mandatory Physical Fitness Test
• Renewal of Memorandum of Understanding for the Mental Health Program.
All other provisions of the contract will remain unchanged.
Financial Impact:
Wage adjustments are included in the 2022 budget.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
2022-2023 Collective Bargaining Agreement, with MOUs
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LABOR AGREEMENT
BETWEEN
CITY OF HASTINGS
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 462
SERGEANTS
JANUARY 1, 2022 THROUGH DECEMBER 31, 2023
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INDEX
ARTICLE PAGE
ARTICLE I. PURPOSE OF AGREEMENT 1
ARTICLE II. RECOGNITION 1
ARTICLE III. DEFINITIONS 1
ARTICLE IV. EMPLOYER SECURITY 2
ARTICLE V. EMPLOYER AUTHORITY 2
ARTICLE VI. UNION SECURITY 3
ARTICLE VII. EMPLOYEE RIGHTS—GRIEVANCE PROCEDURE 3
ARTICLE VIII. SAVINGS CLAUSE 5
ARTICLE IX. SENIORITY 5
ARTICLE X. DISCIPLINE 5
ARTICLE XI. CONSTITUTIONAL PROTECTION 6
ARTICLE XII. WORK SCHEDULE 6
ARTICLE XIII. OVERTIME 6
ARTICLE XIV. COURT TIME 7
ARTICLE XV. CALL BACK TIME 7
ARTICLE XVI. WORKING OUT OF CLASSIFICATION 7
ARTICLE XVII. VACATION 7
ARTICLE XVIII. SICK LEAVE AND OTHER LEAVES OF ABSENCE 8
ARTICLE XIX. UNIFORM ALLOWANCE 9
ARTICLE XX. INSURANCE 9
ARTICLE XXI. INJURED ON DUTY 10
ARTICLE XXII. WAGES 11
ARTICLE XXIII. FIELD TRAINING OFFICER (FTO) 12
ARTICLE XXIV. WAVIER 12
ARTICLE XXV. DURATION 13
MOU POST-RETIREMENT HEALTH CARE SAVINGS 14
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LABOR AGREEMENT BETWEEN THE CITY OF HASTINGS
AND
LAW ENFORCEMENT LABOR SERVICES, INC
LOCAL NO. 462 POLICE SERGEANTS
ARTICLE I. PURPOSE OF AGREEMENT
This Agreement is entered into as of January 1, 2022 between the City of Hastings, hereinafter called the
Employer, and the Law Enforcement Labor Services, Inc. Union, Local No. 462, 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. The Employer and the Union through this Agreement shall continue
their dedication to the highest quality police service and protection to the residents of Hastings.
Both parties recognize this Agreement as a pledge of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes,
Section 179.71, Subdivision 3, for all police personnel in the following job classification:
POLICE SERGEANT
2.2 In the event the Employer and the Union are unable to agree to the inclusion of a new or
modified job class, the issue shall be submitted to the Bureau of Mediation Services for
determination.
ARTICLE III. DEFINITIONS
3.1 UNION: The Law Enforcement Labor Services, Inc., Union Local No. 462.
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. Union, Local
No.462.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The City of Hastings Police Department.
3.5 EMPLOYER: The City of Hastings.
3.6 CHIEF: The Chief of the Hastings Police Department.
3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc.
Union, Local No. 462.
3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the
employee’s scheduled shift.
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3.9 SCHEDULED SHIFT: A consecutive hour work period including two (2) rest breaks and a lunch
break.
3.10 REST PERIODS: Two (2) periods during the Scheduled Shift during which the employee remains
on continual duty and is responsible for assigned duties.
3.11 LUNCH BREAK: A period during the Scheduled Shift during which the employee remains on
continual duty and is responsible for assigned duties.
3.12 UNIFORM: Those items actually worn on the body to protect the Officer from the elements such
as, uniform shirts and pants, uniform headgear, authorized duty footwear; weather gear such as
gloves, rainwear, rubber boots, physical training/exercise clothing and footwear. Such authorized
protective equipment such as “personal body armor”.
3.13 EQUIPMENT: Those attachments, peripherals or items of convenience that are used in
conjunction with the work clothing. Included would be duty weapon, leather goods (other than
pants belt and footwear), radio accessories, badges, briefcases or other office type equipment.
3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one’s position,
the stoppage of work, slow-down or abstinence in whole or in part from the full, faithful and proper
performance of the duties of employment for the purpose of inducing, influencing or coercing a
change in the conditions or compensation or the rights, privileges or obligations of employment.
3.15 PROBATIONARY PERIOD: Twelve (12) calendar months following date of hire.
ARTICLE IV. EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in
or support any strike, slow-down or other interruption of or interference with the normal functions
of the Employer.
4.2 Any employee who engages in a strike may have their appointment or employment terminated by
the Employer effective the date the violation first occurs. Such termination shall be effective upon
written notice served upon the employee. An employee who is absent from any portion of their
work assignment without permission, or who abstains wholly or in part from the full performance
of his duties without permission from the Employer on the date or dates when a strike occurs is
prima facie presumed to have engaged in a strike on such date or dates. An employee who
knowingly strikes and whose employment has been terminated for such action may, subsequent to
such violation, be appointed or reappointed or employed or reemployed, but the employee shall be
on probation for two years with respect to such civil service status, tenure of employment.
ARTICLE V. EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to determine the
utilization of technology; to establish and modify the organizational structure; to select, direct, and
determine the number of personnel; to establish work schedules, and to perform any inherent
managerial function not specifically limited by this Agreement.
5.2 Any terms and condition of employment not specifically established or modified by this Agreement
shall remain solely within the discretion of the Employer to modify, establish, or eliminate.
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ARTICLE VI. UNION SECURITY
6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing
an amount necessary to cover monthly dues, or a “fair share” deduction, as provided in Minnesota
State Statute 179.65, Subdivision 2, if the employee elects not to become a member of the Union.
Such monies shall be remitted as directed by the Union.
6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate
and shall inform the Employer in writing of such choice and changes in the position of steward
and/or alternate.
6.3 The Employer shall make space available on the employee bulletin board for posting Union
notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against the Employer as a result
of any action taken or not taken by the Employer under the provisions of this Article.
ARTICLE VII. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
7.1 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.
7.2 Union Representatives. The Employer will recognize representatives designated by the Union as
the grievance representatives of the bargaining unit having the duties and responsibilities
established by this Article. The Union shall notify the Employer in writing of the names of such
Union representatives and of their successors when so designated, as provided by Section 6.2 of
this Agreement.
7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the
processing of grievance as hereinafter provided is limited by the job duties and responsibilities of
the employees and shall therefore be accomplished during normal working hours only when
consistent with such employee duties and responsibilities. The aggrieved employee and a Union
representative shall be allowed a reasonable amount of time without loss in pay when a grievance
is investigated and presented to the Employer during normal working hours provided that the
employee and the Union representative have notified and received the approval of the designated
supervisor who has determined that such absence is reasonable and would not be detrimental to the
work of the Employer.
7.4 Procedure. Grievance, as defined in Section 7.1 shall be resolved in conformance with the
following procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of this
Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred,
present such grievance to the employee’s supervisor as designated by the Employer. The
Employer-designated representative will discuss and give an answer to such Step 1 grievance
within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step
2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based,
the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall
be appealed to Step 2 within (10) calendar days after the Employer-designated representative’s
final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten
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(10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the
Employer-designated Step 2 representative. The Employer-designated representative shall give the
Union the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such
Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10)
calendar days following the Employer-designated representative’s final Step 2 answer. Any
grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be
considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the
Employer-designated Step 3 representative. The Employer-designated representative shall give the
Union the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 3
grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar
days following the Employer-designated representative’s final answer in Step 3. Any grievance
not appealed in writing to Step 4 by the Union with (10) calendar days shall be considered waived.
Step 4. A grievance not resolved in Step 3 and appealed to Step 4 by the Union shall be submitted
to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as
amended. The selection of an arbitrator shall be made in accordance with the “Rules Governing
the Arbitration of Grievances”, as established by the Public Employment Relations Board.
7.5 Arbitrator’s Authority:
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this Agreement. The arbitrator shall consider and decide
only the specific issue(s) in writing by the Employer and the Union, and shall have no
authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with,
or modifying or varying in any way the application of laws, rules, or regulations having
the force and effect of law. The arbitrator’s decision shall be submitted in writing within
thirty (30) days following close of the hearing or the submission of briefs by the parties,
whichever is later, unless the parties agree to an extension. The decision shall be binding
on both the Employer and the Union and shall be based solely on the arbitrator’s
interpretation or application of the grievance presented.
C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally
by the Employer and the Union provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings, the cost shall be shared
equally.
7.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered
“waived”. If a grievance is not appealed to the next step within the specified time limit or any
agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer.
If the Employer does not answer a grievance or an appeal thereof within the specified time limits,
the Union may elect to treat the grievance as denied at the step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual written
agreement of the Employer and the Union in each step.
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ARTICLE VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Hastings.
In the event any provision of this Agreement shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect.
The voided provision may be renegotiated at the written request of either party.
ARTICLE IX. SENIORITY
9.1 Seniority shall be determined by the employee’s length of continuous employment with the Police
Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief
on the basis of time in grade and time within specific classifications.
9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole
discretion of the Employer. During the probationary period, a promoted or reassigned employee
may be replaced in their previous position at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority. An employee on layoff
shall have an opportunity to return to work within two (2) years of the time of his layoff before
any new employee is hired.
9.4 Senior employees shall be given preference with regard to transfer, job classification assignments
and promotions when the job relevant qualifications of employees are equal.
9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months
of continuous full-time employment.
9.6 Vacation period shall be selected on the basis of seniority until April 1, “summer choice” (May,
June, July, August); August 1, “fall choice” (September, October, November, December);
December 1, “winter choice” (January, February, March, April).
ARTICLE X. DISCIPLINE
10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of
the following terms:
a. Oral reprimand;
b. Written reprimand;
c. Suspension;
d. Demotion; or
e. Discharge.
10.2 Suspensions, demotions and discharge will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of
an employee’s personnel file shall be read and acknowledged by signature of the employee.
Employees and the Union will receive a copy of such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable times under the direct
supervision of the Employer.
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10.5 Discharges will be preceded by a five (5) day suspension without pay.
10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the
employee has been given an opportunity to have a Union representative present at such
questioning.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance
procedure under Article VII.
ARTICLE XI. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United State and Minnesota State
Constitutions.
ARTICLE XII. WORK SCHEDULE
12.1 The normal work year is two thousand and eighty (2,080) hours, to be accounted for by each
employee through:
a. Hours worked on assigned shifts;
b. Holidays;
c. Authorized leave time; and
d. Scheduled Training.
12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of
the assigned shift.
12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the Employer may assign employees.
ARTICLE XIII. OVERTIME
13.1 Employees will be compensated at one and one-half (1½) 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 qualify an employee for overtime under this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 For the purpose of computing overtime compensation hours worked shall not be pyramided,
compounded or paid twice for the same hours worked.
13.4 Department training or meetings scheduled for four (4) hours or less will be compensated at the
overtime rate. If an employee desires to participate in a training course for which s/he is not
assigned, the officer may do so only with prior approval and shall be compensated on a straight
time basis for the time actually spent in the course.
13.5 Employees have the obligation to work overtime or call backs if requested by the Employer
unless unusual circumstances prevent the employee from so working.
13.6 Employees are entitled to compensatory time off when assigned work by the Police Chief or his
designee, in excess of the normal work shift. Employees shall have the option of compensatory
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time off or pay at a rate of one and one-half (1½) for each hour worked, compensatory time off
may be banked by the employee to a maximum of eighty (80) hours. All employees must request
the use of compensatory time off in the same manner as they request vacation. If an employee is
terminated from employment he/she will be compensated for accumulated compensatory time
earned up to the above stated maximum. Documentation must be kept for all hours earned and
used, and must be approved by the Police Chief or his designee. Once an employee elects time
worked to be credited at compensatory time, the time must be used as compensatory time off and
shall not be paid for, except in the event of termination of employment.
13.7 Effective July 1, 2004, when an employee works overtime on Christmas Day, New Year’s Day,
4th of July, or Thanksgiving, the employee shall receive double time the rate of pay.
ARTICLE XIV. COURT TIME
An employee who is required to appear in court during his/her scheduled off-duty time shall receive a
minimum of three (3) hours pay at one and one-half (1½) times the employee’s base pay rate. An extension
or early report to a regularly scheduled shift for court appearance does not qualify the employee for the
three (3) hours minimum. If court is canceled less than 24 hours before the scheduled time, the employee
will receive three (3) hours’ of pay at straight time pay.
ARTICLE XV. CALL BACK TIME
An employee who is called to duty during his scheduled off-duty time shall receive a minimum of three (3)
hours pay at one and one-half (1½) times the employee’s base pay rate. An extension or early report to a
regularly scheduled shift for duty does not qualify the employee for the three (3) hours minimum.
ARTICLE XVI. WORKING OUT OF CLASSIFICATION
Employees assigned by the Employer to assume the full responsibilities and authority of a higher job
classification for five (5) consecutive working days or more shall receive the salary schedule of the higher
classification.
ARTICLE XVII. VACATION
17.1 Vacation shall be accumulated on the following basis:
Years of Service Vacation Days Vacation Hours
1 5 40
2-5 10 96
6 . 11 104
7 12 112
8 13 120
9 14 128
10 15 136
11 16 144
12 17 152
13 18 160
14 19 168
15 20 176
20 25 200
17.2 All vacation pay shall be accrued, and in the event an employee’s employment is terminated for
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any reason, the employee shall receive, upon their termination the vacation pay which they have
coming to them at that time on a pro-rata basis. No more than four consecutive weeks of vacation
can be taken at one time. In computing vacation pay, length of service shall be based upon the
anniversary date of the day an employee commences employment.
17.3 Vacation carry over maximums are set at the following:
0-5 years of employment 120 hours maximum
6-10 years of employment 180 hours maximum
11 years and longer of employment 300 hours maximum
ARTICLE XVIII. SICK LEAVE AND OTHER LEAVES OF ABSENCE
18.1 Sick Leave: All employees of the City shall be entitled to accumulate one day of sick leave for
each month of employment. Sick leave will be granted for employee sickness, on the job personal
injury, employee temporary physical disability and quarantine, or serious illness in the immediate
family (i.e. spouse and children) when the attending physician certifies that the employee’s
attendance and assistance to the member of the family who is ill is required. The Employer may
require a doctor’s certificate on any sick leave claim that exceed three (3) days in length.
18.2 Effective January 1, 1997, employees with sick leave balances in excess of 160 days (eight (8)
hours each) shall receive four (4) hours of sick leave (to be placed in a prolonged illness sick leave
bank) and four (4) hours of vacation for each month of employment. For employees who have
accumulated in excess of 160 days of sick leave, this Agreement shall start from the balance accrued
as of January 1, 1997 and shall not be retroactive.
18.3 Personal Leave: All employees of the City shall be entitled to four (4) shifts personal leave per
occurrence which shall not accumulate. Personal leave for purpose of this paragraph includes and
is limited to: Death in the immediate family, death of spouse, parent, brother, sister, child,
grandchild, grandparent, and spouse’s parent, brother, sister, child, grandchild, or grandparent.
18.4 Jury Duty: Employees’ subpoenaed as witnesses or called and selected for jury duty shall receive
their regular compensation and other benefits for their employment less the amount received by
them as jurors or witness fees.
18.5 Union Leave: The City agrees to grant the necessary time off without pay to any employee
designated to attend a labor convention or to serve in any capacity on other official Union business.
18.6 If an employee retires at age 65, or as otherwise provided by law, or is forced to retire due to
physical condition not allowing them to continue gainful employment, or voluntarily employment
with the City after due notice, with the consent of the City, but not if discharged or resigns by the
request of the City, all and in each case after ten (10) years of service, they will receive fifty percent
(50%) of unused sick leave and prolonged illness sick leave, based on their current hourly rate, as
severance pay of the first 160 days of accumulated sick leave.
18.7 All employees whose work week is other than regularly scheduled Monday through Friday, shall
receive a credit for 120 hours that shall be taken as additional vacation days. Employees scheduled
Monday through Friday shall receive an equal number of hours for holidays. These days must be
taken during the year in which they are earned. Employees shall ear 4.62 hours of holiday benefit
for each pay period or major fraction that the individual works during the contract year. For the ten
(10) holidays that follow, if worked, employees shall be compensated at 1½ times their wage rate:
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New Year’s Day Presidents Day
Veterans Day Memorial Day
Thanksgiving Day July 4th
Friday after Thanksgiving Labor Day
Christmas Day Martin Luther King, Jr. Day
ARTICLE XIX. UNIFORM ALLOWANCE
19.1 Commencing January 1, 2006, clothing and equipment allowance for a new employee will be set
at $1,000 for the first calendar year. Equipment shall remain the property of the City until after the
twenty-fourth (24) month of employment. Upon termination of a probationary employee, all
clothing and equipment will be returned to the City of Hastings.
19.2 The Uniform Allowance shall be as follows:
For the years 2022-2023, the annual clothing and equipment allowance shall be Eight Hundred
Dollars ($800.00) and will continue the practice of replacing clothing damaged in the line of duty.
19.3 Any equipment purchased within two (2) years of an employee’s date of termination of
employment with the City of Hastings shall be returned to the employer.
19.4 Clothing and equipment purchases shall be subject to approval by the Police Chief.
ARTICLE XX. INSURANCE
HEALTH:
20.1 The City will agree to pay the cost of single health insurance coverage, if such coverage is elected
by the employee. Eligible employees may not waive single coverage.
20.2 The City will agree to contribute a percentage of premium as established by the City Council,
towards coverage other than single as offered by the City and elected by the Employee. For 2022-
2023 the City will contribute 70% towards the premium of family plans and 65% towards the
premium of employee plus spouse and employee plus child(ren) plans. Employees will be
responsible for paying the remaining percentage of the premium, which will be done through
payroll deduction
RETIREMENT HEALTH INSURANCE:
20.3 An employee hired prior to January 01, 1993, who is retiring from the City, with at least ten years
of employment and is at least 50 years of age, shall be entitled to City-paid health insurance for a
maximum of ten (10) years or until they reach the qualifying age of Medicare, whichever comes
first. Any eligible employee electing retirement will only be eligible for City-paid health insurance
if they provide four months prior written notification of their intent to retire. However, if due to
medical or personal reasons the employee wishes to retire prior to the four-month advance
notification requirement, and remain eligible for City-paid health insurance for a maximum of 10
years or until they reach the qualifying age of Medicare, the City Council may waive the four-
month notification, and may determine with the employee an appropriate retirement date. A request
to retire prior to the four-month advance notification requirement must be submitted in writing to
the City Administrator for consideration.
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Effective January 1, 2000, a retiree (hired prior to 1993) eligible for paid health insurance coverage
until qualifying for Medicare will be required to be enrolled for family health insurance coverage
six (6) months prior to the date of retirement to be eligible for the City-paid family health care
coverage. In the event an eligible retiree does not enroll in family health coverage six (6) months
prior to their retirement date, the
City will only pay the premium for single coverage, and the retiree is responsible for the timely
payment of the difference between the single and family monthly premium.
Regular full-time employees hired after January 01, 1993 are not eligible for the paid early
retirement health insurance benefits. Employees hired after January 01, 1993, who are retiring,
may remain in Hastings’ group health insurance indefinitely, at their own expense. The employee
shall pay the City in advance on a monthly basis for the cost. The City will then remit payment to
the insurance company. When the former employee reaches age 65, the City may transfer the
former employee and covered dependents to a non-active employee pool. This indefinite
continuation is made available under Minnesota Statute 471.61, which is also known as Chapter
488.
LIFE:
20.4 All regular employees will also receive a Fifty Thousand Dollar ($50,000) Life Insurance Policy,
with the full cost of the premiums to be paid by the City.
LONG TERM DISABILITY:
20.5 The City will provide a long-term disability insurance policy with no cost to the employee, as
follows:
Eligibility: Each active, full-time employee who works a minimum of thirty (30) hours per week,
except temporary employees.
Qualifying Period: Benefits accrue with respect to any one period of total disability after the
expiration of a qualifying period of three (3) consecutive months.
Benefit Period: Monthly benefits are payable during the continuance of total disability as follows,
but in no event are benefits payable beyond the attainment of age 65.
a.) Total disability due to sickness to age 65.
b.) Total disability due to accident to age 65.
Monthly Schedule Amount: Sixty percent (60%) of normal monthly earnings to a maximum benefit
of Five Thousand Dollars ($5,000.00).
ARTICLE XXI. INJURED ON DUTY
21.1 Employees injured while on duty will receive full pay for a maximum of ninety (90) working days
while unable to work due to such injury. The first three (3) days lost due to an injury on duty, will
be charged to the employee’s sick leave account. An employee with no sick leave accumulated
will not receive payment for the first three (3) working days lost.
21.2 Any compensation payable to the employee under Worker’s Compensation insurance will be
reported to the Employer. The Employer shall make supplementary payments to the employee (not
to be charged to the employee’s accumulated sick leave) to make up the difference between
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Worker’s Compensation and his normal rate of pay.
21.3 Any employee who claims an absence from work due to an injury sustained on the job shall
provide if requested by the employer, a statement from the employee’s attending physician as to
the nature of the injury.
21.4 Any employee who claims an absence from work due to an injury sustained on the job is subject
to an examination to be made on behalf of and paid for by the Employer by a person competent to
perform the same and as designated by the Employer.
ARTICLE XXII. WAGES
22.1 Wages shall be adjusted as follows:
C1assiflcation-Sergeant
January 1, 2022 January 1, 2023
3.0% COLA 3.0% COLA
Base Pay Rate $50.97/hour ($8,834.80/month) $52.50/hour ($9,100.00/month)
Retro pay is only paid to current City employees. The City and Union agree to a reopener of this
Section 22.1 Base Pay Rate upon completion of the pending Compensation and Classification Study
with the intent of beginning implementation of the Compensation & Classification Study with an
effective date of no later than July 1, 2022.
22.2 Supervisors assigned to investigations shall be compensated at a rate of $150.00 per month above
the classification base pay rate.
22.3 Longevity:
The longevity schedule shall be as follows:
5 years of continuous employment: 1% of salary per month;
10 years of continuous employment: 2% of salary per month;
15 years of continuous employment: 3% of salary per month
22.4 Shift Differential:
a. Any employee that works during the hours of 6:00 p.m. and 6:00 a.m. will receive
payment of an additional $0.85 per hour for each hour worked. (Effective January 1,
2022)
b. Any employee that works during the hours of 6:00 p.m. and 6:00 a.m. will receive
payment of an additional $1.00 per hour for each hour worked. (Effective January 1,
2023)
22.5 Instructor Pay:
Any employee that works as a Use of Force instructor in firearms, ALICE, less than lethal, taser,
and defensive tactics will be paid at a differential of .5 their hourly rate for each hour spent
instructing.
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ARTICLE XXII. FIELD TRAINING OFFICER (FTO)
While in the position of Field Training Officer (FTO) the employee will accrue per shift seventy-five
cents (.75¢) per hour or have the choice of getting three (3) hours compensatory time.
ARTICLE XXIV. WAVIER
24.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms
and conditions of employment, to the extent inconsistent with the provisions of this Agreement,
are hereby superseded.
24.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to any
term or condition of employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this agreement for the stipulated
duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly
waives the right to meet and negotiate regarding any and all terms and conditions of employment
referred to or covered in this Agreement or with respect to any term or condition of employment
not specifically referred to or covered by this Agreement, even though such terms or conditions
may not have been within the knowledge or contemplation of either or both of the parties at the
time this Agreement was negotiated or executed.
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ARTICLE XXV. DURATION
This Agreement shall be effective as of the first day of January, 2022 and shall remain in full force and
effect until the thirty-first day of December, 2023.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON
THIS DAY OF , 2022.
CITY OF HASTINGS LAW ENFORCEMENT LABOR
SERVICES, INC. UNION,
LOCAL NO. 462
Mary D. Fasbender, Mayor Kevin McGrath, Business Agent
Dan Wietecha, City Administrator Kyle Linscheid Union Steward
______________________
Kelly Murtaugh, City Clerk
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MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is between City of Hastings (Employer) and the Law Enforcement Labor
Services Inc., Union, Local No. 462 Sergeants Bargaining Unit) (Union), as it pertains to the Labor Agreement
between the Employer and the Union effective January 1, 2022 until December 31, 2023.
WHEREAS, the City of Hastings (hereinafter “City”) and Law Enforcement Labor Services Inc., Union,
Local No.4620 (hereinafter “Local4620) representing the Police Sergeants, hereby agree to the following:
Upon honorable separation from employment one hundred percent (100%) of employee’s sick leave
severance pay will be applied to MN State Retirement System (MSRS) Post-Retirement Health Care Savings
Account.
CITY OF HASTINGS LAW ENFORCEMENT LABOR
SERVICES INC.’ UNION, LOCAL NO.
462
Mary D. Fasbender, Mayor Kevin McGrath Business Agent
Dan Wietecha, City Administrator Kyle Linscheid, Union Steward
______________________
Kelly Murtaugh, City Clerk
VIII-07
Memorandum of Understanding: Mandatory Physical Fitness Test
This Memorandum of Understanding (hereinafter, “MOU”) is entered into between the City of Hastings,
(hereinafter, “City”) and Law Enforcement Labor Services, Inc., Local 462 (hereinafter, “Union”), on
behalf of the Police Sergeants bargaining unit.
Whereas, the City and Union are parties to a 2022-2023 collective bargaining agreement (“CBA”), which
contains no negotiated language over a mandatory physical fitness test.; and
Whereas, the City intends to implement a mandatory physical fitness testing program; and
Whereas, the parties agree the implementation of a mandatory physical fitness testing program in a
mandatory subject of bargaining, and
NOW THEREFORE BE IT RESOLVED that the parties hereto agree as follows:
1.There will be a mandatory physical fitness test one time each year. Employees may be
offered the opportunity for re-tests later in the year but the re-test will not be mandatory.
2.Employees will be given a pre-test health screening. This screening will consist of a number of
“yes” or “no” questions. The screening questionnaire will not be disclosed to the employer. The
officer can keep the screening questionnaire for their records. Employees answering “yes” to any
questions on the questionnaire are encouraged to visit their doctor to assess their ability to take
the physical fitness test. Employees will be given two (2) hours of 2080 time to meet their doctor
when a basic form of appointment verification is provided to the employer.
3.An employee not able to participate in the test will inform the Employer and provide a doctor’s
slip. The Employee will inform the employer when, if ever, they can take the test. If the test
needs to be modified to accommodate an employee’s medical condition, the employee will
inform the employer of such accommodation as directed by a physician or other licensed medical
authority. An employee not able to participate in the test due to their doctor’s assessment or
needs an accommodation shall not be disciplined or ordered to submit to a fitness for duty exam.
4.. For purposes of assessing employees, the Concept 2 Rower and Concept 2 Rower Calculator will
be used. The Concept 2 Rower engages both the upper and lower parts of the body, inducing the
same physiological response in everyone, regardless of athleticism, and does not place any impact
on the joints. As a metabolic exercise machine, it is more accurate in demonstrating someone’s
ability to perform in a full body incident such as a fight or other high demand event.
5.Employees will attain a minimum standard of 70% based on a 2000-meter row. This minimum
requirement is based on an individual’s age, gender, and weight.
6.An employee not meeting the goals above shall not be disciplined, nor ordered to submit to a
fitness for duty exam. Every employee will identify their own personal health and/or fitness
goals for the purpose of measuring and establishing improvement.
7.In order to further the department’s goal of physical fitness, employees will be allowed up to ten
(10) hours of 2080 time to engage in physical fitness training activities at the Hastings Police
facility and the department will not change its current work policy.
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IN WITNESS whereof the parties hereto have hereunto set their hands the date and year affixed below.
CITY OF HASTINGS LAW ENFORCEMENT LABOR
SERVICES, INC., LOCAL NO. 462
Approved by the Hastings City Council: Approved by LELS Membership:
Mary D. Fasbender, Mayor Kevin McGrath, Business Agent
Dan Wietecha, City Administrator Kyle Linscheid, Union Steward
Kelly Murtaugh, City Clerk
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Memorandum of Understanding: Mental Health Program
This Memorandum of Understanding (“MOU”) is entered into by and between the City of Hastings
(“City”) and Law Enforcement Labor Services, Inc., Local 462 (“Union”), on behalf of the Police
Sergeants bargaining unit, for the purpose of establishing guidance for an employee mental health
program. The City and Union shall collectively be referred to as “the Parties.”
WHEREAS, the Hastings Police Department (“Police Department”) recognizes that,
during the course of performing their job duties, Police Department employees may become
involved in or exposed to incidents that have the potential to cause various forms of short or long-
term emotional and psychological trauma; and
WHEREAS, the Police Department is committed to supporting the mental health of all its
employees by providing them with resources that will help ensure stability and longevity in the
personal and professional lives of each employee; and
WHEREAS, the Police Department desires to provide employees with cost-free mental
health services from a qualified mental health professional that specializes in working with public
safety employees; and
WHEREAS, the City and Union are parties to a 2022-2023 collective bargaining
agreement (“CBA”) which does not contain any negotiated language over the establishment or
participation of Police Department employees in a mental health program; and
WHEREAS, the Parties agree that the establishment and implementation of a mandated
mental health program is the subject of bargaining; and
NOW, THEREFORE, BE IT RESOLVED, in consideration of the foregoing recitals,
the Parties hereby agree as follows:
1. Definitions.
a.Approved Mental Health Provider. A provider who has the following
qualifications: (1) a licensed mental health professional, (2) demonstrated
experience in counseling emergency services personnel, (3) received approval by
representatives of the applicable labor groups and police administration, and (4) has
an established contract with the Police Department.
i.For purposes of this definition, “applicable labor groups” includes those
representing the police officers and police sergeants.
2.Procedure. The annual mental health check-in program provides Police Department
employees with access to a qualified mental health professional. The program is
administered under the following guidelines:
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a. The program is mandatory for both sworn and civilian full-time and regular part-
time Police Department employees.
b. Eligible employees must complete at least one (1) annual appointment with the
Police Department’s approved mental health provider.
c. When an employee attends an appointment with the approved mental health
provider, the cost of the appointment will be paid by the City.
d. Mental health appointments will be scheduled throughout the calendar year at times
and locations agreeable to the Police Department and the approved mental health
provider. Agreed upon times will be established and posted, generally with a
minimum of 30 days’ notice. Available dates will be posted at the Police
Department and will be assigned on a first come, first serve basis. Employees may
schedule their mental health appointment directly with the approved mental health
provider.
e. The Police Department agrees to allow employees the necessary time away from
their scheduled work duties to attend the mental health appointment, without loss
of pay or deduction of leave.
f. In the event the mental health appointment must be scheduled when an employee
is off duty, the employee will be compensated at straight time rate of pay for the
appointment and travel to and from the appointment.
g. This mental health program is not a replacement for existing Police Department or
City programs, including, but not limited to, the Critical Incident Stress Debriefing
or the Employee Assistance Program.
3. Mental Health Program Committee. The Police Department shall establish a committee
responsible for implementing and managing a mental health appointment and any related
programs. The Union Stewards from the applicable bargaining units shall be the
representative of their respective bargaining unit. Functions of the committee shall also
include, but are not limited to, the following:
a. Provide input and assistance in the development and implementation of programs
related to mental health.
b. Make recommendations on the type and content of mental health awareness and
related programs, services, or training.
c. Distribute applicable mental health related information to employees.
d. Evaluate the overall effectiveness of programs related to mental health.
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e. Evaluate and recommend approved mental health providers to Police Department
administration.
f. Participation in the Committee shall not be considered negotiation by the
bargaining unit.
4. Confidentiality. The communication between the evaluator and member is privileged and
therefore the Police Department considers all mental health appointments, communication
during the appointment, and any recommendations as confidential in accordance with the
applicable federal and state privacy laws. The approved mental health provider shall be
prohibited from sharing any employee information other than confirming with the Police
Department that an employee was compliant with the program’s directive by the end of
each year.
5. Follow Up Visits. If an employee or the mental health provider feel that services beyond
the one (1) required appointment would be needed or beneficial for the employee, the
mental health provider may create a referral at the employee’s discretion. These additional
appointments are not mandatory. If the employee wishes to schedule follow up
appointments with the mental health provider, the employee may schedule those
appointments directly with the mental health provider.
a. The Police Department will pay for up to six (6) total appointments with the
approved mental health provider for each employee per year. After the six (6)
appointments, the employee is responsible for the payment of any further
appointments; employees are encouraged to utilize their Health Insurance or
Healthcare Reimbursement Account for any desired additional services or
appointments.
6. Verification: For billing purposes, an employee from the bargaining unit who is scheduling
any appointments with the mental health provider within parameters of this MOU, shall
submit in writing a statement of “A member of LELS Local No. 462 has scheduled an
appointment with Marie Ridgeway and Associates during the week of…” The letter shall
be sent through interdepartmental mail to the designated HR representative without any
identifying information of which member is receiving services, to protect confidentiality.
[The Remainder of this Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by its duly
authorized representatives.
CITY OF HASTINGS LAW ENFORCEMENT LABOR
sSERVICES, INC., LOCAL NO. 462
Approved by the Hastings City Council: Approved by LELS Membership:
Mary D. Fasbender, Mayor Kevin McGrath, Business Agent
Dan Wietecha, City Administrator Kyle Linscheid, Union Steward
Kelly Murtaugh, City Clerk
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