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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. -2- 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 -3- 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: -4- 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. -5- 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. -6- 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 -7- 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: