HomeMy WebLinkAboutResolution 89-60RESOLUTION 89- 60
REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF COLUMBIA HEIGHTS
AND THE PUBLIC MANAGERS ASSOCIATION
WHEREAS, negotiations have proceeded between the Public Managers
Association, representing Division Heads of the City and members of the City
negotiating team, and said negotiations have resulted in a mutually acceptable
Memorandum of Understanding for calendar years 1990, 1991, and 1992;
WHEREAS, a copy of said Memorandum of Understanding is available for
inspection at the Office of the City Manager and is made a part hereof by
reference;
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding as
negotiated, be and is hereby established as the salary and fringe benefit
program for calendar years 1990, 1991, and 1992 for Public Managers Association
bargaining unit employees of the City; with a wage and contribution to fringe
benefit reopener for 1992;
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to
execute this agreement.
Passed this _.26~hday of December
, 1989.
Offered by: Pau]som
Seconded by: Peterson
Roll Call: AIl ayes
Student, Coun'~l Secretary
Dale V. Hadtrath, Mayor
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF COLUMBIA HEIGHTS
AND
PUBLIC MANAGERS ASSOCIATION
JANUARY 1, 1990 - DECEMBER 31, 1992
EMPLOYER AUTHORITY
The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to
set and amend budgets; to determine the utilization of technology; to establish
and modify the organization 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 MEMORANDUM OF
UNDERSTANDING.
Any term and condition of employment not specifically established or modified
by this MEMORANDUM OF UNDERSTANDING shall remain solely within the discretion
of the EMPLOYER to modify, establish, or eliminate.
PERFORMANCE EVALUATION/GOAL SETTING
Throughout their term of employment with the City of Columbia Heights,
employees will be expected to undertake goal setting as a means of providing
direction to future performance. Implementation of goal setting will occur as
part of the performance evaluation and shall be based upon the following:
a. Goal Setting:
1. Goal setting for new employees shall be geared to learning the
process and procedures of a given department and/or the City.
2. Goals for experienced and fully qualified employees shall be geared
to changes and/or improvements in departmental or City operations.
3. Setting of goals shall go beyond the normal job requirements
(defined as status quo operation within the department or division)
and shall consist of some significant undertaking to be
accomplished within a given period of time.
4. Performance reviews regarding goal setting will be done on an
annual basis.
5. All goals will be measurable.
b. Goals for the coming year will be established at the time of the
employee's performance evaluation and will be proposed by the employee
and supervisor. The employee and the supervisor will attempt to reach
agreement on goals to be undertaken for the coming year, however, the
supervisor' s decision will prevail.
Employees shall be evaluated based upon job performance. Goal setting shall be
in addition to the normal job requirements for the employee' s given position.
Evaluation of employees' performance will be made no later than the anniversary
date of their employment in their current position, with the exception of
probationary employees who will also receive an evaluation after six months of
employment.
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EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
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 MEMORANDUM OF
UNDERSTANDING.
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.
Processing of a Grievance
It is recognized and accepted by the UNION and the EMPLOYER that the processing
of grievances 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 the 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
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 programs of the EMPLOYER.
Procedure
Grievances shall be resolved in conformance with the following procedure:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation or
application of this MEMORANDUM OF UNDERSTANDING shall, within
twenty-one (21) calendar days after such alleged violation has
occurred, present such grievance in writing to the EMPLOYEE'S
supervisor as designated by the EMPLOYER. Such written grievance
shall set forth the nature of the grievance, the facts on which
it is based, the provision or provisions of the MEMORANDUM OF
UNDERSTANDING allegedly violated, and the remedy requested. The
EMPLOYER-designated representative will discuss and give an
answer in writing to such Step 1 grievance within ten (10)
calendar days after receipt. A grievance not resolved in Step 1
shall be appealed to Step 2 within ten (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 (10) calendar days shall be considered waived.
Step 2. A grievance unresolved in Step 1 and appealed to Step 2 shall be
submitted to the Minnesota Bureau of Mediation Services. A
grievance not resolved in Step 2 may be appealed to Step 3 within
ten (10) calendar days following the EMPLOYER'S final answer in
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Step 2. Any grievance not appealed in writing to Step 3 by the
UNION within ten (10) calendar days shall be considered waived.
Step 3. A grievance unresolved in Step 2 and appealed in Step 3 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.
Arbitrator' s Authority
The arbitrator shall have no right to amend, modify, nullify, ignore, add to,
or subtract from the terms and conditions of this MEMORANDUM OF UNDERSTANDING.
The arbitrator shall consider and decide only the specific issue(s) submitted
in writing by the EMPLOYER and the UNION, and shall have no authority to make a
decision on any other issue not so submitted.
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 the
close of the hearing or the submission of briefs by 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 interpretation or application of the express terms of this
MEMORANDUM OF UNDERSTANDING and to the facts of the grievance presented.
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.
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 .that step and
immediately appeal the grievance to the next step. The time limit in each step
may be extended by mutual agreement of the EMPLOYER and the UNION.
LEAVE TIME
Vacation
Each permanent and probationary employee shall earn and accrue vacation time on
the following basis:
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During Employment Year Vacation Accrued Per Year
1-4 10 days
5-9 15 days
10-19 20 days
20 and + 25 days
Vacation leave may not be accumulated to any amount greater than one and
one-half times an employee' s annual earned vacation.
Holidays
The following twelve (12) holidays shall be designated as paid holidays:
New Year' s Day Labor Day
Martin Luther King Day Veterans Day
Presidents Day Thanksgiving Day
Good Friday Day After Thanksgiving
Memorial Day Christmas Eve Day
Independence Day Christmas Day
When New Year' s Day, Independence Day, Veteran' s Day, or Christmas Day falls on
a Sunday, the following day shall be a holiday. When New Year' s Day,
Independence Day, Veteran' s Day, or Christmas Day falls on a Saturday, the
preceding day shall be the holiday. Christmas Eve Day will be celebrated as a
holiday on the regular work day preceding the day on which Christmas Day is
observed.
INSURANCE
The EMPLOYER will contribute up to a maximum of two-hundred and fifteen dollars
($215) per month per employee for calendar year 1990 for employee life
insurance, group health insurance, and dental insurance. Should the cost of
such benefits be less than $215 per month, the difference may be used toward
any other City-provided insurance benefit and/or ICMA deferred compensation.
The EMPLOYER'S contribution per month per employee for calendar year 1991 for
employee life insurance, group health insurance and dental insurance will be
two-hundred and thirty-five ($235) dollars. Should the cost of such benefits
be less than $235 per month for 1991, the difference may be used toward any
other City-provided insurance benefit and/or ICMA deferred compensation.
The EMPLOYER' s contribution per month per employee for calendar year 1992, for
employer life insurance, group health insurance and dental insurance will be
negotiated by the parties.
ICMA DEFERRED COMPENSATION
As a form of additional compensation, the EMPLOYER shall pay on a
dollar-for-dollar matching basis up to a maximum of:
$800 per year per employee for 1990
$650 per year per employee for 1991
$500 per year per employee for 1992
toward the ICMA Deferred Compensation Plan.
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SEVERANCE PAY
Upon leaving City employment in good standing, after giving proper notice (four
weeks) , employees shall receive payment based on their most recent salary level
for earned and unused sick leave days in accordance with the following:
Less than 10 years employment: 1/4 earned and unused sick leave
After 10 years employment: 1/3 earned and unused sick leave
VEHICLE USE AND MILEAGE REIMBURSEMENT
The Fire Chief, Police Chief and Public Works Director/City Engineer shall be
assigned permanent vehicles to be used only for official transportation unless
authorized by the City Manager.
Employees not assigned a permanent vehicle shall be reimbursed on a per mile
rate as established by the City Council.
WAIVER
I
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 MEMORANDUM OF UNDERSTANDING, are
hereby superseded.
The parties mutually acknowledge that during the negotiations which resulted in
this MEMORANDUM OF UNDERSTANDING, 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
MEMORANDUM OF UNDERSTANDING for the stipulated duration of this MEMORANDUM OF
UNDERSTANDING. 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 MEMORANDUM OF
UNDERSTANDING or with respect to any term or condition of employment not
specifically referred to or covered by this MEMORANDUM OF UNDERSTANDING, even
though such terms or conditions may not have been within the knowledge or
contemplation of either or both parties at the time this contract was
negotiated or executed.
DURATION
This Memorandum of Understanding shall be effective as of January 1, 1990, and
shall remain in force and effect until December 31, 1992. This agreement shall
continue in effect until a new agreement or contract supersedes it.
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In witness thereof, the parties hereto have executed this Memorandum of
Understanding on the day of , 1989.
Mayor, City of Columbia Heights President, PMA
City Manager, City of Columbia Heights Secretary, PMA
Labor Consultant Consultant, PMA
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APPENDIX A
1990 SALARY RANGE
Minimum Midpoint Maximum
LIBRARY DIRECTOR $ 3,261 $ 3,776 $ 4,291
DIRECTOR OF RECREATION
AND COMMUNITY EDUCATION $ 3,588 $ 4,155 $ 4,721
FIRE CHIEF $ 3,639 $ 4,214 $ 4,788
FINANCE DIRECTOR/CITY CLERK $ 3,959 $ 4,584 $ 5,209
POLICE CHIEF $ 3,855 $ 4,464 $ 5,072
PUBLIC WORKS DIRECTOR/CITY ENGINEER $ 4,106 $ 4,755 $ 5,403
1991 SALARY RANGE
Minimum Midpoint Maximum
LIBRARY DIRECTOR $ 3,392 $ 3,928 $ 4,463
DIRECTOR OF RECREATION
AND COMMUNITY EDUCATION $ 3,732 $ 4,321 $ 4,910
FIRE CHIEF $ 3,785 $ 4,383 $ 4,980
FINANCE DIRECTOR/CITY CLERK $ 4,117 $ 4,767 $ 5,417
POLICE CHIEF $ 4,009 $ 4,642 $ 5,275
PUBLIC WORKS DIRECTOR/CITY ENGINEER $ 4,270 $ 4,945 $ 5,619
121989
CITY OF COLUMBIA HEIGHTS
TO: DIVISION HEADS
FROM: ROBERT S. BOCWINSKI, CITY MANAGER
DATE: DECEMBER, 1989
The 1990 and 1991 monthly salary rates for the positions covered by the
Memorandum of Understanding between the Public Managers Association and the
City of Columbia Heights will be as follows:
1990
Library Director . . . . . . . . . . . . . . . . $4,045
Director of Recreation and Community Education. $4,451
Fire Chief . . . . . . . . . . . . . . . . . . $3,962
Finance Director/City Clerk . . . . . . . . . . . $4,816
Police Chief . . . . . . . . . . . . . . . . . . $4,781
Public Works Director/City Engineer . . . . . . . $4,995
(Effective January 1, 1990 through December 31, 1990)
1991
Library Director . . . . . . . . . . . . . . . . $4,207
Director of Recreation and Community Education. . $4,629
Fire Chief . . . . . . . . . . . . . . . . . . . $4,120
Finance Director/City Clerk . . . . . . . . . . . $5,009
Police Chief . . . . . . . . . . . . . . . . . . $4,972
Public Works Director/City Engineer . . . . . . . $5,195
(Effective January 1, 1991 through December 31, 1991)
LLM/bj
CITY COUNCIL LETTER
Meeting of: December 26, 1989
AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER
INO. : 6 CITY MANAGER'S APPROVAL
ITEM: 1990-1992 MEMORANDUM OF UNDERSTANDING BY: L.L.MAGEE
INO. : BETWEEN CITY AND PMA DATE: 12/19/ �'' DATE:�.- °�q
Based upon previous discussions with the City Council of collective
bargaining issues, the City Manager is submitting the following for the City
Council' s consideration. Negotiations between the City negotiating team and
the Public Manager's Association, representing the Division Heads, have
resulted in a mutually acceptable Memorandum of Understanding for the
calendar year 1990, 1991, and 1992, with a wage and contribution to fringe
benefit reopener in 1992.
The changes to the current Memorandum of Understanding are as follows:
Compensation Plan
Deletion of clauses pertaining to merit pay.
Wages
1990 = 56 over 1989 salary
1991 = 4% over 1990 salary
1992 = Reopener
Insurance
1990 = $215 per month (1989 = $200 per month
1991 = $235 per month
1992 = Reopener
Deferred Compensation
1990 = $800 per employee maximum (1989 = $1,000)
1991 = $650 per employee maximum
1992 = $500 per employee maximum
Duration
January 1, 1990 - December 31, 1992
Drug Testing Policy
Public Manager' s Association accepts the City' s Drug Testing Policy as
adopted November 13, 1989, and incorporated into the Personnel Policy
Manual. Mr. Bernie Steffen will prepare a letter of clarification
stating that "reasonable suspicion" means "probable cause" .
Continued
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: December 26, 1989
AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER
ENO. : 6 CITY MANAGER'S APPROVAL
ITEM: 1990-1992 MEMORANDUM OF UNDERSTANDING BY: L.L.MAGEE BY:
INO. : BETWEEN CITY AND PMA DATE: 12/19/89 DATE:
Page' 2
Attached is a copy of the Memorandum of Understanding reflecting these
changes. Also attached is a resolution which would adopt and establish the
Memorandum of Understanding as negotiated for calendar years 1990, 1991, and
1992. The City Manager recommends adoption of the attached resolution.
RECOMMENDED MOTION: Moved and seconded to waive the reading of the
resolution, there being ample copies available to the public.
RECOMMENDED MOTION: Moved and seconded to adopt Resolution 89- regarding
a Memorandum of Understanding between the City of Columbia Heights and the
Public Manager' s Association, effective January 1, 1990 - December 31, 1992.
COUNCIL ACTION: