HomeMy WebLinkAbout6.s. Memorandum of Understanding with LELS
EXECUTIVE SUMMARY
City Council Regular Meeting December 20, 2022
AGENDA ITEM: Memorandum of Understanding with
LELS
AGENDA SECTION:
Consent
PREPARED BY: Logan Martin, City Administrator AGENDA NO. 6.s.
ATTACHMENTS: Draft MOU APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve a Memorandum of Understanding with Law
Enforcement Labor Services (LELS)
BACKGROUND
In September 2021, the City entered into a Memorandum of Understanding (MOU) with Law Enforcement
Labor Services (LELS) to allow a full-time police officer to transition to part-time. The purpose behind this
MOU was to retain the experience of this officer and to ensure that she could continue serving in a new role
inside the Department to lead the Community Coordinated Response (CCR) program.
The employee transitioned to part-time in January 2022 and the arrangement has been positive for both
parties involved. However, a few sections of the original MOU were deemed confusing or contradictory by
LELS and staff, so a new MOU has been drafted to clarify the arrangement. The most significant change
in the new MOU is the inclusion of the longevity standing that this employee earned during her 25 years of
full-time service to the City. No further accruals of longevity are allowed, but this MOU allows the employee
to continue receiving that benefit.
Outside of that adjustment, the original intent of the MOU remains intact. This arrangement is not
precedent setting and does not establish an intention to continue with part-time officers in the Police
Department.
The organizational benefit from completing this transition has been positive 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).
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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, 2022
through December 31, 2023 (“Labor Agreement”).
WHEREAS, the City retains management rights as outlined in and acknowledged by the
Union in Article 3 of the Labor Agreement as well as in Minn. Stat. § 179A.07, subd. 1.
WHEREAS, the City and Union set forth revisions to the Labor Agreement in a prior
Memorandum of Understanding executed on or about August 31, 2021, and now wish to rescind
the previously executed Memorandum of Understanding and replace it with this Memorandum of
Understanding.
WHEREAS, the parties wish to clarify and define in this Memorandum of
Understanding the provisions of the Labor Agreement which are applicable to Part-Time
Employees.
WHEREAS, the City changed the work schedule of Julie Pulkrabek from a full-time
position to a part-time position effective January 21, 2022.
WHEREAS, due to Ms. Puldrabek’s unique situation and the valuable institutional
knowledge and experience that she brings to her position, the parties wish to provide her distinct
benefits as outlined herein.
NOW, THEREFORE, the City and the Union agree as follows:
1. Labor Agreement Article 1.11 and 1.12 shall be revised as follows
1.11 PART-TIME EMPLOYEE: An employee whose classification is included in the
police bargaining unit who is scheduled to work fewer hours than a full-time
employee.
1.12 FULL-TIME EMPLOYEE: An employee whose classification is included in the
police bargaining unit who is scheduled to work at least 2080 hours per calendar
year.
2. Article 37 will be added to the Labor Agreement as follows:
Article 37 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 whose regular work schedule is over 30 hours per week will
receive the following benefits under the Labor Agreement on a pro rata basis while Part-
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Time Employees working less than 30 hours per week will not receive the following
benefits:
Sick Leave under Article 12
Vacation Leave under Article 15
Health Insurance under Article 20
Dental Insurance under Article 22
Part-Time Employees will not be entitled to the following benefits under the 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
Seniority for purposes of Lay Off under Article 14
All Part-Time Employees will be entitled to the full benefits permitted under the 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
Contributions to PERA if eligible
All Part-Time Employees will receive overtime pay when their actual hours worked
exceed 40 hours in any given week.
3. Officer Julie Pulkrabek was granted certain benefits at the time that she transitioned from
full-time officer to a part-time officer as noted below. She will continue to receive the
following benefits until her separation of employment from the City.
a. Effective January 21, 2022 Officer Pulkrabek’s full-time position with the City was
changed to a part-time position in which she is normally 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
may remain a member of the Union. Officer Pulkrabek has been and will continue to be
entitled to the following benefits under the Labor Agreement:
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Court Time under Article 10
Call Back Time under Article 11
Funeral Leave under Article 13 but it will be for unpaid time off.
Longevity Pay under Article 17
Training under Article 26
Injury on Duty benefits under Article 27
Severance Pay under Article 28 per Paragraph 3(d) herein.
Retirement Pay under Article 29 per Paragraph 3(d) herein.
Post Licensing Fees under Article 33
Contributions to PERA if eligible
b. Officer Pulkrabek will be permitted to use other benefits she accrued as a full-time police
officer, such as sick leave, vacation leave and comp time, in her part-time position with
the City.
c. Officer Pulkrabek has retained seniority accumulated as a full-time officer and she will
continue to accrue and 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 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, under article 29,
whichever is applicable and appropriate.
4. The provisions under Paragraph 3 will not be used as evidence of any past practice or
precedent with respect to any future full-time officers transitioning to part-time positions
with the City. Paragraph 3 of this Memorandum of Understanding regarding Officer
Pulkrabek shall sunset upon her separation from employment.
[THE REST OF THIS PAGE IS INTENTIONALLY BLANK]
[SIGNATURE PAGE TO FOLLOW]
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FOR THE CITY OF ROSEMOUNT FOR LAW ENFORCEMENT LABOR
SERVICES, INC.
_______________________________ __________________________________
William H. Droste, Mayor Date Brian Bone, Business Agent Date
________________________________ __________________________________
Logan Martin, Administrator Date Kevin Tapper, Union Steward Date