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HomeMy WebLinkAbout6.f. Memorandum of Understanding with LELS and PERA Declaration EXECUTIVE SUMMARY City Council Regular Meeting September 7, 2021 AGENDA ITEM: Memorandum of Understanding with LELS and PERA Declaration AGENDA SECTION: Consent PREPARED BY: Logan Martin, City Administrator AGENDA NO. 6.f. ATTACHMENTS: Memorandum of Understanding, Resolution APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a Memorandum of Understanding with Law Enforcement Labor Services (LELS) and a request for coverage in PERA for an eligible employee BACKGROUND An internal need has arisen in the Police Department that warrants the creation of a part-time officer position for the betterment of the organization. While a number of factors exist, the additional work created by the Community Coordinated Response program (which embeds a mental health professional with a Police Officer on a part time basis) is the main driver of this need Further, current Detective Julie Pulkrabek has conveyed her long-term intent to retire from the Department and an openness to extend her service via a part-time capacity. Detective Pulkrabek has over 25 years of police experience and is our most senior investigator, so there is a strong organizational benefit in retaining her expertise. Staff has worked with Law Enforcement Labor Services (LELS) to adopt a memorandum of understanding within the current labor agreement to account for a part-time officer role. Specifics on hours worked, benefits offered / retained, and management’s right to fill this position going forward are covered in the document. In short, part-time employees (under 30 hours per week) do not receive benefits beyond a pro- rated contribution to PERA. In this instance, Officer Pulkrabek will work no more than 27 hours per week and her current leave accruals will be “frozen” and available for use in her part-time role. The union is in support of this transition and acknowledges the benefit to the organization. A full-time officer vacancy will be created via this process and would be filled in the near term. The organizational benefit from completing this transition will be direct, especially in light of the necessary focus on increased mental health response with police departments. We anticipate and hope programs like the CCR will only increase, so this will help prepare our Department for those changes. RECOMMENDATION Staff recommends that the Council approve a Memorandum of Understanding with Law Enforcement Labor Services (LELS) and a request for coverage in PERA for an eligible employee. 1 DOCSOPEN\RS215\10\736189.v1-7/23/21 MEMORANDUM OF UNDERSTANDING WHEREAS, Law Enforcement Labor Services, Inc. (“Union”) and the City of Rosemount (“the City”) are parties to a Labor Agreement for the time period of January 1, 2020 through December 31, 2021 (“Labor Agreement”). WHEREAS, the City retains all of its management rights as acknowledged by the Union in Article 3 of the Labor Agreement as well as in Minn. Stat. § 179A.07, subd. 1. WHEREAS, the Union bargaining unit certified with the Bureau of Mediation Services includes the following: All peace officers subject to licensure employed by the City of Rosemount Police Department, Rosemount, Minnesota, whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 100 work days per year, excluding supervisory and confidential employees. WHEREAS, Article 1.6 of the Labor Agreement defines the “Work Year” as consisting of 2,080 hours but the Labor Agreement contains no provisions relating to part time peace officers who may be employed by the City and included as members of the bargaining unit. WHEREAS, the City wishes to revise the Labor Agreement to include provisions for the hiring of part time police officers as needed from time to time by the City. WHEREAS, the City wishes to change the work schedule of Julie Pulkrabek from a full- time position to a part time position while at the same time retaining the benefits she accrued as a full time officer as well as some of the benefits she would have received upon her separation of employment as a full-time officer. WHEREAS, the parties have agreed to revisions to the Labor Agreement that will apply to part time peace officers generally within the bargaining unit as well as other specific provisions applicable to Julie Pulkrabek whose full-time position is being changed to a part time position. NOW, THEREFORE, the City and the Union agree as follows: 1. The following provision will be added to the Labor Agreement as Article 1.11: 1.11 PART TIME EMPLOYEE: A member of the police bargaining unit who works less than the 2,080 hours in the Work Year. 2. The following provision will be added to Labor Agreement as Article 36: Article 36 PART TIME EMPLOYEES Consistent with its management rights, the City retains sole discretion in determining when part time officers will be employed and utilized by the City. Part Time Employees working 2 DOCSOPEN\RS215\10\736189.v1-7/23/21 less than 30 yours per week will not be entitled to any benefits under this Labor Agreement but the City will make contributions to PERA as a part time public employee. Part Time Employees working over 30 hours per week will receive the following benefits under this Labor Agreement on a pro rata basis: Sick Leave under Article 12 Vacation Leave under Article 15 Clothing Allowance under Article 16 Health Insurance under Article 20 Dental Insurance under Article 22 Part Time Employees working over 30 hours per week will not be entitled to the following benefits under this Labor Agreement: Longevity Pay under Article 17 Education Incentive Pay under Article 18 Education Reimbursement under Article 19 VEBA/HSA Contribution under Article 21 Life Insurance under Article 23 Holiday pay under Article 24 Retirement Pay under Article 29 Health Care Savings Plan participation under Article 30 Part Time Employees working over 30 hours per week will be entitled to the full benefits permitted under this Labor Agreement pursuant to the following contract provisions: Court Time under Article 10 Call Back Time under Article 11 Funeral Leave under Article 13 but it will be for unpaid time off. Training under Article 26 Injury on Duty benefits under Article 27 Post Licensing Fees under Article 33 Part Time Employees will only receive overtime pay when their hours exceed 40 hours in any given week. 3. The parties agree to the following provisions as they relate to the transition of Julie Pulkrabek from a full-time officer to a part time officer: a. Effective September ___, 2021, Officer Pulkrabek’s full-time position with the City will be changed to a part time position in which she will normally be scheduled to work approximately 27 hours per week. In certain instances the caseload may require her to work over 27 hours in a week, but her annual average workweek will never exceed 30 hours per week. She will remain a member of the Union but will not be entitled to any ongoing benefits or accrual of benefits other than contributions to PERA as a part time public employee. Officer Pulkrabek will be permitted to use other benefits she accrued 3 DOCSOPEN\RS215\10\736189.v1-7/23/21 as a full-time police officer, such as sick leave, vacation leave and comp time, in her new part time position with the City. b. Officer Pulkrabek’s full-time position will be filled by the City with a new officer. c. Officer Pulkrabek will retain and continue to accumulate seniority in her part time position as well as realize the benefits of seniority under the Labor Agreement. d. Upon Officer Pulkrabek’s separation of employment from the City, she will be treated as a full-time employee of the City and will be entitled to receive all benefits owed to other full-time members of the bargaining unit under the Labor Agreement, including but not limited to Severance Pay for over 16 years of service under Article 28 or Retirement Pay for over 16 years of service, whichever is applicable and appropriate. 4. This Memorandum of Understanding and particularly the provisions under Paragraph 3 will not be used as evidence of any past practice or precedent with respect to future full- time officers transitioning to part time positions with the City. [THE REST OF THIS PAGE IS INTENTIONALLY BLANK] [SIGNATURE PAGE TO FOLLOW] 4 DOCSOPEN\RS215\10\736189.v1-7/23/21 FOR THE CITY OF ROSEMOUNT FOR LAW ENFORCEMENT LABOR SERVICES, INC. _______________________________ __________________________________ William H. Droste, Mayor Date Jon Gates, Business Agent Date ________________________________ __________________________________ Logan Martin, City Administrator Date Kevin Tapper, Union Steward Date __________________________________ Stephen Johnson, Union Steward Date CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021 - ________ A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING AND PERA CONTRIBUTIONS FOR A PART TIME OFFICER WHEREAS, Law Enforcement Labor Services, Inc. (“Union”) and the City of Rosemount (“the City”) are parties to a Labor Agreement for the time period of January 1, 2020 through December 31, 2021 (“Labor Agreement”). WHEREAS, the City retains all of its management rights as acknowledged by the Union in Article 3 of the Labor Agreement as well as in Minn. Stat. § 179A.07, subd. 1. WHEREAS, the Union bargaining unit certified with the Bureau of Mediation Services includes the following: All peace officers subject to licensure employed by the City of Rosemount Police Department, Rosemount, Minnesota, whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 100 work days per year, excluding supervisory and confidential employees. WHEREAS, Article 1.6 of the Labor Agreement defines the “Work Year” as consisting of 2,080 hours but the Labor Agreement contains no provisions relating to part time peace officers who may be employed by the City and included as members of the bargaining unit. WHEREAS, the City wishes to revise the Labor Agreement to include provisions for the hiring of part time police officers as needed from time to time by the City. WHEREAS, the City wishes to change the work schedule of Julie Pulkrabek from a full- time position to a part time position while at the same time retaining the benefits she accrued as a full time officer as well as some of the benefits she would have received upon her separation of employment as a full-time officer. WHEREAS, as part of a memorandum of understanding, the parties have agreed to revisions to the Labor Agreement that will apply to part time peace officers generally within the bargaining unit as well as other specific provisions applicable to Julie Pulkrabek whose full-time position is being changed to a part time position. WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others. WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police or sheriff departments whose position duties meet the requirements stated therein and listed below. WHEREAS, City staff has negotiated and recommends approval of a memorandum of understanding with the Union which incorporates the foregoing intentions. NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are incorporated herein to this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Memorandum of Understanding (“MOU”) between the City and the Union, a copy of which is attached hereto as Exhibit A, is hereby approved by the City Council of the City of Rosemount. NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council for the City of Rosemount declares that the part time officer position to be filled by Officer Julie Pulkrabek as referenced in the MOU meets all of the following Police and Fire Plan membership requirements: 1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed; 2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state; 3. Said position charges this employee with the prevention and detection of crime; 4. Said position gives this employee the full power of arrest, and 5. Said position is assigned to a designated police or sheriff's department. NOW, THEREFORE, BE IT FURTHER RESOLVED, that this governing body hereby requests that the named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire Plan salary deduction by the governmental subdivision. ADOPTED this ____ day of September, 2021. William H. Droste, Mayor ATTEST: _______________________________ Erin Fasbender, City Clerk