HomeMy WebLinkAbout06-17-74
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Hastings, Minnesota
June 17, 1974
The City Council of the City of Hastings, Minnesota met in a
regular meeting on Monday, June 17, 1974 at 8:00 o'clock P.M. in the
Council Chambers of City Hall.
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Members present: Councilmen Schnirring, Kramer, Hallberg,
O'Connor, Fischer, Driscoll, Novak and
Mayor Petersen.
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Members absent:
Councilman Collins.
Minutes of the last meeting were read and approved.
Moved by Coun~ibffnsDtiscoll, seconded by Councilman Schnirring
to approve the On Sal~nLiquor ft~ense for William House, dba/ Viking Bar
at"ll~East Second St. Hastings, Minnesota and the On Sale Liquor License
and Sunday On Sale Liquor License for AI Sieben, dba Gardner Hotel at
211 E. 2nd. St. Hastings, Minnesota for a period of one year beginning
July 1, 1974. Ayes, all; Nayes, none.
Councilman Novak introduced the following resolution and moved
its adoption:
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RESOLUTION
ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS
FOR FIRE DEPARTMENT EMPLOYEES IN THE
CITY OF HASTINGS FOR 1974
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WHEREAS, the City Council feels that it is for the best interest of
the City of Hastings, the Fire Department employees, and for their desig-
nated bargaining representatives, MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORC!-
MENT EMPLOYEES UNION LOCAL NO. 320, for the purpose of establishing condi-
tions of employment of the employees of the Fire Department and to insure a
friendly spirit of cooperation between the City, its employees, and their
designated bargaining representatives, and to avoid disruption in the service
and operation of said Fire Department, and to secure the benefits intended to
be derived by the City, its employees, and their designated bargaining rep-
presentatives, to adopt the hereinafter set out rules and regulations cover-
ing the employment and working conditions of the employees of the Fire
Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the following
rules and regulations covering the employment of the employees of the Fire
Department be adopted and placed in effect as follows, to wit;
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT in entered into as of June 17, 1974 between the City of
Hastings, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public
and Law Enforcement Employees' Union, Local No. 320, hereinafter called the
UNION. It is the intent and purpose of this AGREEMENT to:
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1.1 Assure sound and mutually beneficial working and economic relation-
ships between the parties hereto;
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT"S interpretation and/or application; and
1.3 Place in written form the parties' agreement upon terms and condi-
tions of employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION through this AGREEMENT shall continue their
dedication to the highest quality fire service and protection to the resi-
dents 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 fire personnel
in the following job classifications:
2.2 In the event the EMPLOYER and the UNION are unable to agree as ~o the
inclusion or exclusion of a new or modified job class, the issue shall be sub-
mitted to the Bureau of Mediation Services for determination.
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ARTICLE III DEFINITIONS
3.1 UNION: The Minnesota Teamsters Public and Law Enforcement
Employees' Union No. 320.
3.2 EMPLOYEE: A member of the City of Hastings Fire Department.
3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and
Law Enforcement Employees' Union, Local No. 320.
3.4 DEPARTMENT: The City of Hastings Dire Department.
3.5 EMPLOYER: The City of Hastings.
3.6 CHIEF: The Chief of the City of Hastings Fire Department.
3.7 UNION OFFICER: Officer elected by the Minnesota Teamsters Public
and Law Enforcement Employees' Union Local No. 320.
3.8 STRIKE: Concerted action in failing to report for duty, the will-
full absence from one's position, the stoppage of work, slow-down, or
abstinence in whole or in part from the full, faithful and proper per-
formance of the duties of employment for the purposes of inducing, in-
fluencing or coercing a change in the conditions or compensation or the
rights, privileges or obligations of employment.
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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 his (her) appoint-
ment or employment terminated by the Employer effective the date the vio-
lation first occurs. Such termination shall be effective upon written
notice served upon the employee. An employee who is absent from any por-
tion of his work assignment without permission, or who abstains wholly or
in part from the full performance of his duties without permission from
his Employer on the date or dates when a strike occurs is prima facie pre-
sumed 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, or contract of
employment, as he (she) may have theretofore been entitled. No employee
shall be entitled to any daily pay, wages or per diem for the days on
which he (she) engaged in a strike.
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ARTICLE V EMPLOYER AUTHORITY
5.1 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 organizational structure; to select
4irect, 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 term 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.
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 Union dues.
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 any and all claims, suits, orders, or judgements brought or issued
against the EMPLOYER as a result of any action taken or not taken by the
EMPLOYER under the provisions of this ARTICLE.
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ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
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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 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 a grievance as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be accom-
plished during normal working hours only when consistent with such employee
duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTA-
TIVE shall be allowed a reasonable amount of time without loss in pay when
a grievance is investigated and presented to the EMPLOYER during normal work-
ing hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have
notified and received the approval of the designated supervisor who has deter-
mined that such absence is reasonable and would not be detrimental to the
work of the EMPLOYER.
7.4 PROCEDURE
Grievances, as defined in Section 7.1, shall be resolved in con-
formance with the following procedure:
STEP I: An EMPLOYEE claiming a violation concerning the interpre-
tation or application of this AGREEMENT shall, within twenty-one (21) cal-
endar 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 re-
solved 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 pro-
vision or provisions of the AGREEMENT alledgedly violated, the remedy re-
quested and shall be appealed to Step 2 within ten (10) calendar days after
the EMPLOYER-designated representative's final answer in Step 1. Any griev-
ance not appealed in writing to Step 2 by the UNIGN within ten (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 represen-
tative'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 theEMPLOYERS
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 with-
in 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 within ten (10) calendar days shall be considered waived.
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STEP 4: A grievance unresolved in Step 3 and appealed to Step 4 by
the UNION shall be submitted to arbitration subject to the provisions of the
Public ~ployment Labor Relations Act of 1971, as amended. The selection of
an arbitrator shall be made in accordance with the "Rules Governing the Arbi-
tration of Grievances" as established by the Public E,ployment Relations Board.
7.5 ARBRITATOR'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) submitted
in writing by the EMPLOYER and the UNION, and shall have no authority to make
a decosion 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
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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 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 AGREEMENT and to the facts 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 representa-
tives and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made, providing it pay for
the record. If both parties desire a berbatim 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.
7 . 7 CHOICE OF REMEDY
If, as a result of the ~ritten EMPLOYER response in Step 3, the
grievance remains unresolved, and if the grievance involves the suspension
demotion, or discharge of an employee who has completed the required pro-
bationary period, the grievance may be appealed wither to Step 4 of Article
VII or a procedure such as: Civil Service, Veteran's Preference, or Fair
Employment. If appealed to any procedure other than Step 4 of Article VII
the grievance is not subject to the arbitration procedure as provided in
Step 4 of Article VII. The aggrieved employee shall indicate in writing
which procedure is to be utilized -- Step 4 of Article VII or another
appeal procedure -- and shall sign a statement to the effect that the choice
of any other hearing precludes the aggrieved employee from making a sub-
sequent appeal through Step 4 of Article VII.
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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 competant juris-
diction from whose final judgement 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 pro-
vision may be renegotiated at the written request of either par~y.
ARTICLE IX SENIORITY
9.1 Seniority shall be determined by the employee's length of continuous
employment with the Fire 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 his previous pos-
ition at the sole discretion of the EMPLOYER.
9.3 A reduction of work force will be accomplished on the vasis of
SieniorAnity. lEmPloyeeslshalflf bhe rlelcahlled from layoffi on the basis of senkiori-h I,,~,
ty. emp oyee on ayo s a ave an opportun ty to return to wor w t - ~_
in two years of the time of his layoff before any new employee is hired.
9.4 Vacation periods shall be selected on the basis of seniority until
March 15 of each calendar year.
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ARTICLE X DISCIPLINE
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10.1 The EMPLOYER will discipline employees for just cause only.
Discipline will be in the form of:
a) Oral reprtmand;
b1 Written repr~mand;
c) Suspension;
d) Demotion; or
e) Discharge.
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension, and notices of dis-
charge 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.
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 States
and Minnesota State Constitutions.
ARTICLE XII HOURS OF EMPLOYMENT
The regular work day shall consist of 24 hours per day. The regular work
week shall consist of an average of fifty-seven (57) hours in one (1) week.
An employee called back to work after he has completed his regular work
day tor called out on his day off shall receive time and one-half except for
Fire Drills & Call-back fires.
ARTICLE XIII LEGAL PROTECTION
All employees shall be given legal protection as provided for under Minn-
esota Statutes.
ARTICLE XIV CALL BACK
Call back for fires will be paid at $5.38 per hour; fire drills will be
paid at the overtime rate.
ARTICLE HOLIDAYS
All employees shall be paid for eight (8) holidays, based on ten (10) hours
per day in cash, on December 15th of the year, regardless of number of
holidays actually worked. Holiday pay will be based on their individual
hourly rate.
ARTICLE XVI EDUCATIONAL INSTRUCTIONAL TIME
A minimum of four (4) hours and not to exceed eight (8) hours per day on a
regular days off be granted at the call back rate of $5.00 per hour for
educational instructional time, including time for Red Cross training.
ARTICLE XVII VACATION
17.1 Vacation shall be accumulated on the following basis:
Years of Service Days Vacation Years of Service Days Vacation
1 5 9 14
2 to 5 10 10 15
6 11 11 16
7 12 12 17
8 13 13 18
14 19
15 20
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17.2 All vacation pay shall be accrued, and in the event an employee's
employment is terminated for any reason, the employee shall receive, upon
his/her termination the vacation pay which he/she has coming to him/her at
that time on a pro-rata basis. No more than four consecutive weeks vaca-
tion can be taken at one time.
17.3 In computing vacation pay, length of service shall be based upon
the anniversary date of the day an employee commences employment.
17.4 All employees are to be paid their vacation pay prior to their
leaving for their vacation.
ARTICLE XVIII SICK LEAVE AND OTHER LEAVES OF ABSENCE
18.1 Sick Leave: All employees of the City shall be entitled to accu-
mulate one day of sick leave for each month of employment and allowed
accumulation of sick leave up to one hundred twenty (120) days. Employees
shall bank an additional one-half (~) day per month after the accumulation
of the 120 days to be used only. in cases of very prolonged illnesses. Sick
leave will be granted for actual sickness, temporary physical disability and
quarantime. The City may require a doctor's certificate on sick leave claims
of three days or more.
18.2 Personal Leave: All employees of the City shall be entitled to
three (3) days personal leave per year 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, grand-
parent, and spouses parent, brother, sister, child or grandparent; and crit-
ical illness of the immediate family.
18.3 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.
18.4 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.
ARTICLE XIX SEVERANCE PAY
If an employee retires at age 65, or as otherwise provided by law, or is
forced to retire due to physical condition not allowing him to continue
gainful employment, or voluntarily terminates 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 thirty-five (35%) of unused sick leave, based on
their current hourly rate, as severance pay. The one-half day per month
accumulated after the 120 days, will not be considered for severance pay
purposes.
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ARTICLE XX INSURANCE
All regular employees will continue to be covered under the hospital-
medical surgical insurance plan adopted by the City. Full cost of employee
coverage to be paid by the City. Cost of dependent coverage to be paid by
the employee. All regular employees will also receive a $5,000 Life Insurance
policy with the full cost of the premiums to be paid by the City. Also, the
City will provide a long-term disability insurance policy with no cost to the
employee, as follows:
Eligibility: Each
hours per week, except
Qualifying Period:
total disability after
consecutive months.
Benefit Period: Monthly benefits are payable during the continuance
of total disability as follows, but in no event are benefits payable be-
yond the attainment of age 65.
(a) Total disability
(b) Total disability
Monthly 8chedule Amount: Sixty
to a maximum benefit of $1,200.
active, full-time employee who works a minimum of 30
temporary employees.
Benefits accrue with respect to anyone period of
the expiration of a qualifying period of three (3)
. .
due to sickness to age 65.
due to accident to age 65.
per cent (60%) of normal monthly earnings
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ARTICLE XXI INJURED ON DUTY
21.1 Employees infured 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 five (5) working days lost due to an injury, will be
charged to the employee's sick leave account. An employee with no sick
leave accumulated will not receive payment for the first five (5) work-
ing days lost.
21.2 Any compensation payable to the employee under workmen's com-
pensation insurance will be reported to the EMPLYOYER. 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 work-
men'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 state-
ment 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 in behalf of
and paid for by the EMPLOYER by a person competent to perform the same and
as is designated by the EMPLOYER.
ARTICLE XXII WAIVER
22.1 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 super-
ceded.
22.2 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 em-
ployment 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 vol-
untarily 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 spec-
ifically 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 contract was negotiated or executed.
ATTEST
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City erk
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y of January, 1974 and
hirty-first day of December,
e executed this AGREEMENT.
ARTICLE XXIII DURATION
This AGREEMENT shall be effective as of th
shall remain in full force and effect until
1974. In witness whereof, the parties
Adopted by the City Council this 17th. da
APPENDIX INCOME SCHEDULE
Classification
Firefighter
Monthly Wage (Effective date 1/1/74)
First six months $815.00
After six months $846.00
After one year $876.00
After two years $911.00
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ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS
FOR POLICE DEPARTMENT EMPLOYEES IN THE
CITY OF HASTINGS FOR 1974
RESOLUTION
WHEREAS, the City Council feels that it is for the best interest of
the City of Hastings, the Police Department employees, and for their desig-
nated bargaining representatives, MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCE-
MENT EMPLOYEES UNION LOCAL NO. 320, for the purpose of establishing condi-
tions of employment of the employees of the Police Department and to insure
a friendly spirit of cooperation between the City, its employees, and their
designated bargaining representatives, and to avoid disruption in the service
1518
and operation of said Police Department, and to secure the benefits intended
to be derived by the City, its employees, and their designated bargaining
reppresentatives, to adopt the hereinafter set out rules and regulations cover-
ingthe employment and working conditions of the employees of the Police
Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the following
rules and regulations covering the emp19yment of the employees of the Police
Department be adopted and placed in effect as follows, to wit;
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of January 1, 1974 between the City of
Hastings, hereinafter called the EMPLOYER, and the Minnesota Teamsters
Public and Law Enforcement Employees' Union, Local No. 320, hereinafter called
the UNION. It is the intent and purpose of this AGREEMENT TO:
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1.1 Assure sound and mutually beneficial working and economic relation-
ships between the parties hereto;
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT'S interpretation and/or application; and
1.3 Place in written form the partiesT agreement upon terms and condi-
tions of employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION through this AGREEMENT shall continur their ded-
ication to the highest quality police service and protection to the residents
of Hastings. Both parties recognize this AGREEMENT as a pledge of this ded-
ication.
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 per-
sonnel in the following job classifications: POLICE OFFICER AND POLICE CLERK.
2.2 In the event the EMPLOYER and the UNION are unable to agree as to the
inclusion or exclusion of a new or modified job class, the issue shall be sub-
mitted to the Bureau of Mediation Services for determination.
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DEFINITIONS ARTICLE III
3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees'
Union, Local No. 320.
3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law
Enforcement Employees' Union, Local No. 320.
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 Minnesota Teamster
Public and Law Enforcement "Employees' Union, Local No. 320.
3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER
in excess of the employee's scheduled shift.
3.9 SCHEDULED SHIFT: A consecutive hour work period including two rest
breaks and a lunch break.
3.10 REST PERIODS: Two 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 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 purposes of inducing, influencing or coercing a change
in the conditions or compensation or the rights, privileges or obligations
of employment.
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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 his (her) 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 his work assign-
ment without permission, or who abstains wholly or in part from the full per-
formance of his duties without permission from his EMPLOYER on the date or
1519
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 vio-
lation, 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, or contract of employment, as he (she)
may have theretofore been entitled. No employee shall be entitled to any
daily pay, wages or per diem for the days on which he (she) engaged in a
strike.
ARTICLE V EMPLOYER AUTHORITY
5.1 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 techno-
logy; 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 term 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.
ARTICLE VI UNION SECURITY
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6.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly UNION dues.
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
any and all claims, suits, orders, or judgements brought or issued 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
1.1 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 respon-
sibilities 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 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 grievances as hereinafter provided is limited by the job duties and respon-
sibilities of the employees and shall therefore be accomplished during normal
working hours only when consistent with such employee duties and responsibi-
lities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a
reasonable amount of time without loss in pay when a grievance is investi-
gated 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.
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7.4 PROCEDURE
Grievances, as defined in Section 7.1, shall be resolved in conformance with
the following procedure:
STEP I: An EMPLOYEE claiming a violation concerning the interpretation or
application of this AGREEMENT shall, with 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 represen-
tative 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 appeal-
ed to Step 2 shallbe place in writing setting forth the nature of the grievance,
the facts on which it is based, the provisions of the AGREEMENT alledgedly
1520
violated, the remedy requested, and 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 with-
in ten (10) calendar days shall be considered waived.
STEP II 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.
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STEP III 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 EMPLOYERS 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 within
ten (10) calendar days shall be considered waived.
STEP IV A grievance unresolved 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 arbi~
trator 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) 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.
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 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 AGREEMENT and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and pro-
ceedings 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 pay 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 with-
in the specified time limit or any agreed extension thereof, it shall be con-
sidered 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 immed-
iately 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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7.7 CHOICE OF REMEDY
If, as a result of the written EMPLOYER response in Step 3, the grievance
remains unresolved, and if the grievance involves the suspension, demotion,
or discharge of an employee who has completed the required probationary period,
the grievance may be appealed either to Step 4 of Article VII or a procedure
such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed
to any procedure other than Step 4 of Article VII the grievance is not subject
to the arbitration procedure as provided in Step 4 of Article VII.
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The aggrieved employee shall indicate in writing which procedure is to be
utilized -- Step 4 of Article VII or another appeal procedure -- and shall
sign a statement to the effect that the choice of any other hearing precludes
the aggrieved employee from making a subsequent appeal through Step 4 of
Article VII.
ARTICLE VIII SAVINGS CLAUSE
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This AGREEMENT is subject to the laws of the United States, the State of Minn.
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 judgement 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 qritten 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 probation-
ary period a promoted or reassigned employee may be replaced in his previous
position at the sole discretion of the EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis of sen-
iority. Employees shall be recalled from layoff on the basis of seniority.
An employee on layoff shall have an opportunity to return to work within two
years of the time of his layoff before any new employee is hired.
9.4 Vacation periods shall be selected on the basis of seniority until
May l5th.- Summer; September 1st, - Fall.
ARTICLE X DISCIPLINE
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10.1 The Employer will discipline employees for just cause only. Dis-
cipline will be in the form of:
a) Oral reprimand
b) Written reprimand
c) Suspension
d) Demotion; or
e) Discharge.
10.2 Suspensions, demotions and discharges 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 re-
ceive a copy of such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at rea-
sonable times under the direct supervision of the EMPLOYER.
10.5 Discharges will be preceded by a five (5) day suspension without pay.
10.6 Employees will not be questioned concerning an investigation or
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 States
and Minnesota State Constitutions.
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ARTICLE XII WORK SCHEDULE
12.1 The normal work year is two thousand and eighty hours (2,080) to be
accounted for by each employee through:
a) scheduled hours of work;
b) holidays;
c) roll call; and
d) training.
12.2 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.
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ARTICLE XIII OVERTIME
13.1 Employees will be compensated at one and one-half (l~) times the
employees 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 Overtime refused by employees will for record purposes under Article
13.2 be considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation overtime hours
worked shall not be pyramided, compounded or paid twice for the same hours
worked.
13.5 Straight time rate will apply for all other off duty overtime such
as first aid training courses, departmental meetings, fire arms training and
authorized police training courses, with a minimum of two hours. Author-
ized time worked over two hours is to be compensated for at the straight
time rate.
13.6 Employees have the obligation to work overtime or call backs if
requested by the EMPLOYER unless unusual circumstances prevent the employee
from so working.
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 two (2) hours' pay at one and one-half
(l~) times the employee's base pay rate. An extension or early report to a
regularly scheduled shift for Court appearances does not qualify the employee
for the two (2) hour minimum.
ARTICLE XV CALL BACK TIME.
An employee who is called to duty during his scheduled off-duty time shall,
receivea minimum of two (2) hours' pay at one and one-half (l~) 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 two (21 hour 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.
Patrolmen acting as Sergeant only.
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ARTICLE XVIII VACATION
17.1 Vacation shall be accumulated on the following basis:
Years of Service
1
2 to 5
6
7
8
9
10
11
12
13
14
15
Days Vacation
5
10
11
12
13
14
15
16
17
18
19
20
17.2 All vacation pay shall be accrued, and in the event an employee's
employment is terminated for any reason, the employee shall receive upon
his/her termination the vacation pay which he/she has coming to him/her at that
time on a pro-rata basis. No more than four consecutive weeks vacation can
be taken at one time.
17.3 In computing vacation pay, length of service shall be based upon the
anniversary date of the day an employee commences employment.
17.4 All employees are to be paid their vacation pay prior to their
leaving for their vacation.
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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 and allowed
accumulation of sick leave up to one hundred twenty (120) days. Employees
shall bank an additional one-half (~) day per month after the accumulation
of the 120 days to be used only in cases of very prolonged illnesses. Sick
leave will be granted for actual sickness, temporary physical disability and
quarantive. The City may require a doctor's certificate on sick leave claims
of three days or more.
18.2 Personal Leave: All employees of the City shall be entitled to
three days (3) personal leave per year 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, grand-
parent, and spouses parent, brother, sister, child or grandparent; and crit-
ical illness of the immediate family.
18.3 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.
18.4 Union Leave The City agrees to grant the necessary time off with-
out pay to any employee designated to attend a labor convention or to serve
in any capacity on other official union business.
ARTICLE XIX SEVERANCE PAY
If an employee retires at age 65, or as otherwise provided by law, or is
forced to retire due to physical condition not allowing him to continue gain-
ful employment, or voluntarily terminates 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 thirty-five (35%) of unused sick leave, based on their cur-
rent hourly rate, as severance pay. The one-half day per month accumulated
after the 120 days, will not be considered for severance pay purposes.
ARTICLE XX HOLIDAYS
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All employees whose work week is other than regularly scheduled Monday thru
Friday, shall receive a credit for nine working days that shall be taken as
additional vacation days. These days must be taken during the year in which
they are earned.
ARTICLE XXI UNIFORM ALLOWANCE
Uniform allowance for a new employee will be set at $100 for leather goods and
weapons and $250 for clothing allowance for the first year. Equipment shall
remain the property of the City until after the six month probationary period.
Clothing allowance after the first year will be $162.50 per year.
ARTICLE XXII INSURANCE
All regular employees will continue to be covered under the hospital-medical
surgical insurance plan adopted by the City. Full cost of employee coverage
to be paid by the City. Cost of dependent coverage to be paid for by the
employee. All regular employees will also receive a $5,000 Life Insurance
policy with the full cost of the premiums to be paid by the City. Also, 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 30
hours per week, except temporary employees.
Qualifying Period: Benefits accr-e with respect to anyone period of total
disability after the expiration of a qualifying period of
three (3) consecutive months.
Monthly benefits are payable during the continuance of total
disability as follows, but in no event are benefits payable
beyond the age of 65.
(a) Total disability due to
(b) Total disability due to
Monthly Schedule Amount: Sixty per cent (60%)
a maximum benefit of $1,200.
Benefit Period:
sickness to age 65.
accident to age 65.
of normal monthly earnings to
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ARTICLE XXIII INJURED ON DUTY
23.1 Employees injured while on duty will receive full pay for a max-
imum of ninety (90) working days while unable to work due to such injury.
The first five (5) working days lost due to an injury on duty, will be
charged to the employee's sick leave account. An employee with no sick
leave accumulated will not recieve payment for the first five (5) working
days lost.
23.2 Any compensation payable to the employee under workmen's com-
pensation insurance will be reported to the EMPLOYER. The EMPLOYER shall
make supplementary payments to the employee (not to be charged to the
employee's accumulated sick leave) to make up the difference between work-
men's compensation and his normal rate of pay.
23.3 Any employee who claims an absence from work dur to an injury
sustained on the job shall provide if requested by the EMPLOYER a statement
from the employee's attending Physician as to the nature of the injury.
23.4Any employee who claims an absence from work due to an injury sus-
tained on the job is subject to an examination to be made in behalf of and
paid for by the EMPLOYER by a person competent to perform the same and as
is designated by the EMPLOYER.
ARTICLE XXIV EDUCATION INCENTIVE
In order to qualify for the program, earned college credits must be graded
at "c" or better and must be certified to and approved by the City Manager.
Course work graded by the Pass - N-Pass must be approved by the City Manager.
The Education Incentive compensation, in addition to base salary, shall be
paid at the rate of forty ($.40) per approved quarter credit per month. A
maximum of one hundred eighty (180) quarter credits or a degree is establish
ed. Candidates for the Education Incentive must have completed six (6) months
consecutive service with the Hastings Police Department.
ARTICLE XXV WAIVER
25.1 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 super-
ceded.
25.2 The parties mutually acknowledge that during the negotiations
which resulted in this AGREEMENT, each had the unlimited right and oppor-
tunity to make demands and proposals cwith respect to any term or condition
of employment not removed by law from bargaining. All agreements and under-
standings arrived at by the parties 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 or employ-
ment not specifically referred to or covered by this AGREEMENT, even though
such terms or conditions may not have been within the knowledge or contem-
plation of either or both of the parties at the time this contract was ne-
gotiated or executed.
ARTICLE XXVI DURATION
This AGREEMENT shall be effective as of the 1st day of January, 1974 and
shall remain in full force and effect until the thirty-first day of December,
1974. In witness whereof, the parties hereto have executed this AGREEMENT.
APPENDIX INCOME SCHEDULE
Classification
Monthly Wage (Effective 1/1/74)
Police Officer:
Start
Six (6) months
Twelve (12) months
Twenty-four (24) months
Thirty-six months (36)
Police Clerk
Sergeant
Leutenant
$909.00
$939.00
$980.00
$998.00
,016.00
$628.00
1,091.00
1,141. 00
f J e, 1974.
Adopted
by the City Council this 17th.
tu<rI~<~ ~
City Cl rk
C Mayor
ATTEST:
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Councilman Driscoll seconded the motion to adopt said resolution
and the same was passed by the following vote: Ayes, all; Nayes, none.
Councilman O'Connor introduced the following resolution and moved
its adoption: /
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RESOLUTION FOR MINNESOTA "TWINS VICTORY MONTH" j/f
WHEREAS, the Minnesota Twins have well represented the State
of Minnesota in winning two Divisional Championships and one
American League title, and
WHEREAS, the Twins Organization has supplied this area with
entertainment and excitement for young and old alike, and
WHEREAS, the Twins have put the State of Minnesota on the
major league map, and
WHEREAS, the Twins have proven to be a valuable economic resource
for our Metropolitan businesses, entertainment resources for our
states elderly, and an overall conversational resource for sports
fans across the midwest.
THEREFORE, I, Walter E. Petersen, Mayor of the City of Hastings,
do hereby proclaim June 21 - July 21, 1974, as Victory Month, and
while setting a goal of 67% victories fo Twins during this
period do encourage all citizens to atte d the ames, and actively
support the Minnesota Twins during "Vie to y Mon h", and on to the
World Series.
Adopted by the City Council this 17th.
1.() \ h\ ~.L_~_
City Clerk
ATTEST:
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Councilman Hallberg seconded the motion to adopt said resolution
and the same was passed by the following vote: Ayes, all; Nayes, none.
Moved by Councilman O'Connor, seconded by Councilman Kramer to
approve the Administrator's employment Agreement and authorize the City Clerk
and the Mayor to sign same. Ayes, all; Nayes, none.
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 17th. day of June, 1974,
by and between the City of Hastings, State of Minnesota, a municipal corpor-
ation, hereinafter called the "City" as party of the first part, and JAMES
W. COSBY, hereinafter called "Employee" as party of the second part, both
of whom understand as follows:
WITNESSETH:
WHEREAS, the City desires to employ the services of said James W.
Cosby as City Administrator of the City of Hastings as provided by City Charter
and an ordinance of the City of Hastings adopted September 4, 1973, creating
the office of City Administrator; and
WHEREAS, it is the desire of the City Council to provide certain
benefits, establish certain conditions of employment and to set working con-
ditions of said employee; and
WHEREAS, Employee desires to accept employment as the City Adminis-
trator of said City;
NOW, THEREFORE, inconsideration of the mutual covemants herein con-
tained, the parties hereto agree as follows:
SECTION L. DUTIES
City hereby agrees to employ said James W. Cosby, as City Adminis-
trator of said City to perform the functions and duties specified in an ord-
inance of the City of Hastings establishing'<the office of City Administrator
1526
which ordinance bears dated September 4, 1973 and to perform such other legally
permissab1e and proper duties and functions as the City Council shall from time
to time assign.
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SECTION 'i, TERM
A.
terfere with
at any time,
reference to
Nothing in this agreement shall prevent, limit, or otherwise in-
the right of the City Council to terminate the services of employee
subject only to the provisions set forth in this agreement with
termination.
B. Nothing in this agreement shall prevent, limit or otherwise in- I .
terfere with the right of the Employee to resign at any time from his pos- I' i
ition with the City, subject only to the provisions set forth herein with
reference to resignation.
C. Employee agrees to remain in the exclusive employ of the City
of Hastings from July 1, 1974 to June 30, 1975 and neither to seek, to accept,
nor to become employed by any other employer until said termination date un-
less said termination date is effected as hereinafter provided. The term
"employed" shall not be construed to include occasional teaching, writing or
consulting performed on employee's time off.
D. In the event written notice is not given by either party to this
contract to the other party 90 days prior to the termination date as herein
above provided, this contract shall be extended on the same terms and condi-
tions as herein provided for an additional period of one year. Thereafter
said contract shall be automatically renewed from year to year unless written
notice is given by either party 90 days prior to the termination of the
annual period, said continuance to be upon the same terms and conditions un-
less otherwise agreed to by the parties.
SECTION 3. TERMINATION AND SEVERANCE PAY
A. In the event Employee is terminated by the City Council before
expiration of the aforesaid one year term of employment and during such time
that Employee is willing and able to perform the duties of City Adminis-
trator, then and in that event the City Agrees to pay Employee a lump sum
cash payment equal to three months aggregate salary; provided, however, that
in the event Employee is terminated because of his conviction of any illegal
act involving personal gain to him, then in that event, City shall have no
obligation to pay the aggregate severance sum designated in this paragraph.
This agreement to pay severance pay shall exist during the first year of this
contract and any annual continuations thereafter but shall not apply should
the City give Employee 90 days notice prior to the end of an annual term of
employment advising the Employee that the Employment Agreement will not be
renewed for the subsequent year.
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B. In the event the City at any time during the employment term
reduces the salary or other financial benefits of Employee in a greater per-
centage than an applicable across-the-board reduction for all City employees,
or in the event the City refuses, following written notice, to comply with
any provision benefiting Employee herein, or the Employee resigns follewing
a suggestion, whether formal or informal, by the City Council that he resign,
then, in that event, Employee may at his option, be deemed to be "termiinated"
at the date of such reduction or such refusal to comply within the meaning and
context of the herein severance pay provision. Provided, however that nothing
herein contained shall be construed to entitle Employee to severance pay upon
termination of this Employment Agreement by City giving Employee 90 days
notice prior to the end of an annual term, said notice being given to advise
Employee that his contract will not be renewed for an additional annual term.
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C. In the event Employee voluntarily resigns his position with the
City before expiration of the aforesaid term of employment, then Employee
will give the City three months notice in advance.
SECTION 4 SALARY
City agrees to pay Employee for his services rendered pursuant here-
to an annual base salary of Twenty-one Thousand Dollars ($21,000.00) payable
in installments at the same time as other employees of the City are paid, or
1527
as may otherwise be agreed upon by the City and Employee.
ever, that the annual salary shall be increased by $500.00
tive January 1, 1975.
In addition, City agrees to increase said base salary and/or
other benefits of Employee in such amounts and to such an extent as the City
Council may determine that it is desirable to do so on the basis of an annual
salary review of said employee made at the same time as similar consideration
is given other employees generally.
Provided, how-
per annum effec-
SECTION 5. HOURS OF WORK
It is recognized that Employee must devote a substantial amount of
his time outside normal office hours to business of the City and to that end,
Employee will be allowed to take reasonable amount of compensatory time off as
he shall deem appropriate during said normal office hours, provided that the
same can be accomplished without detriment to the affairs of the City.
SECTION 6. AUTOMOBILE
Employee shall use his own automobile to the extent required, for
City business, and the City shall reimburse him for use thereof at the then
current rate of reimbursement as provided for other City employees which rate
is presently l5~ per mile.
SECTION 7. MOVING EXPENSES
Employee shall be reimbursed, or City shall pay directly, for the
expenses of packing and moving himself, his family, and his personal property
from Plymouth, Minnesota to Hastings, with said payment or reimbursement not
to exceed the sum of One Thousand Dollars ($1,000.00) which shall include
unpacking, any storage costs necessary, and insurance charges incident thereto.
SECTION 8. DUES AND SUBSCRIPTIONS.
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City agrees to bedget and to pay the professional dues and subscrip-
tions of employee necessary for his continuation and full participation in
national, regional, st,ate,and local associations, and organizations necessary
for his continued professional participation, growth and advancement, and for
the good of the City.
SECTION 9. PROFESSIONAL DEVELOPMENT
A. City hereby agrees to budget and to pay the travel and sub-
sistence expenses of Employee for professional and official travel, meetings,
and occasions adequate to continue the professional development of Employee
and to adequately pursue necessary official and other functions for City,
including but not limited to the Annual Conference of the International City
Management Association, the state League of Municipalities, and such other
national, regional, state, and local government groups and committees thereof
which Employee serves as a member and which the City feels are appropriate
and necessary.
B. City also agrees to budget and to pay for the travel and sub-
sistence expenses of Employee for short courses, institutes, and seminars
that are necessary for his professional development and for the good of the
City, as agreed upon by the City and the Employee.
SECTION 10. GENERAL EXPENSES
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City recognizes that certain expenses of a nonpersona1 and generally
job-affiliated nature are incurred by Employee, and hereby agrees to reimburse
or to pay said general expenses, as approved by the City Council, and such
reimbursement to be authenticated by appropriate vouchers or claim forms in
accordance with standard City procedures.
SECTION 11. VACATION, SICK AND MILITARY LEAVE
A. As an inducement to Employee for him to become City Administrator,
at signature hereof, Employee shall be credited with twelve days of accu-
mulated sick leave. Hereafter sick leave shall accumulate at the same rate as
sick leave has been accumulated for the present City Clerk of the City of
Hastings unless otherwise agreed upon by the City and Employee in negotiation.
1528
B. Employee shall be entitled to vacation
December, 1974 through the 4th day of January, 1975.
affected thereby, vacation leave shall accrue at the
for each calendar year of employment.
from the 21st day of
In addition and not
rate of fifteen days
SECTION 12. DISABILITY, HEALTH, AND LIFE INSURANCE
City agrees to put into force and to make required premium pay-
ments for Employee for insurance policies for life, disability and health
insurance to the same extent as said insurances are presently provided to
the City Clerk of the City of Hastings. Employee shall also participate
in any other presently existing or hereafter adopted programs of disabi-
lity insurance, health insurance, life insurance or retirement pay to the
extent the same are provided for other City Employees.
r-;
!
SECTION 13. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The City Council shall fix ~ny such other terms and conditons
of employment, as it may determine from time to time, relating to the per-
formance of Employee, provided such terms and conditions are not inconsis-
tent with or in conflict with the provisions of this agreement, the City
Charter, or any other law.
B. All provisions of the City Charter and Code, and regulations
and rules of City relating to vacation and sick leave, retirement and
pension system contributions, holidays, and other fringe benefits and work-
ing conditions as they now exist or hereafter may be amended, also shall
apply to Employee as they would to other employees of City, in addition to
said benefits enumerated specifically for the benefit of Employee, except
as herein provided.
C. Except to the extent otherwise amplified herein, employee
shall be entitled to receive the same vacation and sick leave benefits as
are accorded department heads, including provisions governing accrual and
payments thereof on termination of employment.
SECTION 14. GENERAL PROVISIONS
i:
. I
I
A. The text herein shall constitute the entire agreement be~
tween the parties.
B. This agreement shall be binding upon and inure to the benefit
of the heirs at law and executors of Employee.
C. This agreement shall become effective commencing July 1, 1974.
D. If any provision, or any portion thereof, contained in this
Agreement is held to be unconstitutional, invaled, or unenforceable, the
remainder of this agreement, or portion thereof, shall be deemed severable,
shall not be affected, and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Hastings has caused this Agreement
to be signed and executed in its behalf by its Mayor, and duly attested by
its City Clerk, and the Employee has signed and executed this agreement,
both in duplicate, the day and year first above written.
ATTEST: sl Wallace H. Erickson
Wallace H. Erickson
City Clerk
sl Walter E. Petersen
Walter E. Petersen, Mayor of the
City of Hastings
ATTEST:
~';f~
City Clerk
r-
\ .
'---,'
Approved as to form:
sl Donald J. Fluegel, City Attorney
W. Cosb
Adopted by the City Council this 17th
June, 1974
Councilman Kramer seconded the motion to adopt said resolution
and the same was passed by the following vote: Ayes, all; Nayes, none.
1529
Moved by Councilman Hallberg, seconded by Councilman Fischer to
approve the new Utility Permit Fee Rates Schedule as proposed by the City
Engineer, Larry Winter and Street Department Superintendent, Keith Rosch.
Ayes, all; Nayes, none.
UTILITY PERMIT FEE RATES
FEE
For construction work perpendicular to the
street in a gravel roadway.
~ Street crossing
Full Street Crossing
$10.00
$15.00
For construction work, perpendicular to the
street in a surfaced roadway.
~ Street Crossing
Full Street Crossing
$20.00
$30.00
For construction work in an undurfaced
boulevard area, minimum charge of
$10.00
plus an additional charge of $1.00 for each 100
feet of excavation over the first 100 feet.
For construction work parallel to the street
in a hard surface boulevard or in any street
roadway, a minimum charge of
$30.00
Plus an additional charge of $10.00 for each
100 feet of excavation over the first 100 feet
~
Moved by Councilman Kramer, seconded by Councilman Schnirring that
the request by Elmer Lucking to install a private sewer system on his property
at 2280 T.H. 61 and his request for Home Occupation Permit be referred to the
Planning Commission for recommendation and study. Ayes, all; Nayes, none.
Moved by Councilman Hallberg, seconded by Councilman Novak to approve
the partial payments:to Arcon Construction in the amount of $94,565.76 for
Proposal II, 1974 Construction and to B-Tu-Mix in the amount of $17,685.83
for Proposal I of 1974 Construction with the provision to hold payment until
the Bond money is available. Ayes, all; Nayes, none.
Moved by Councilman Hallberg, seconded by Councilman Fischer that
the request from James Bzoskie, 718 West 3rd. St., for a Special Use Permit
to operate a Repair Service in his garage be denied. Ayes, all; Nayes, none.
A letter was read from the Downtown Businessmen's Association re-
questing permission to put potted trees on three blocks of E. 2nd. street,
both sides, from the Mississippi Belle to Sears. This was referred to the
Natural Resources Commission.
Moved by Councilman Hallberg, seconded by Councilman Driscoll to
have the Engineer, Larry Winter to do a feasibility study on necessary water
extensions at the Ice Arena. Mr. Winter stated that he would do the design
as so directed but felt that since Horan Assoc. was hired to do the engineer-
ing for the Ice Arena they should be responsible for all design on the site,
not only the building, and should coordinate all construction on that site.
Motion and second withdrawn.
Moved by Councilman Schnirring, seconded by Councilman Fischer that
the Mayor contact Mr. Horan and arrange a meeting with him and the City Council
to discuss the Ice Arena. Ayes, all; Nayes, none.
The next item on the Agenda was discussion of our City Landfill, the
closing of said Landfill, the request to the PCA for an extension, etc, result-
ing in a motion by Councilman Novak, seconded by Councilman Driscoll that the
City Attorney attemp to obtain an injunction preventing the PCA from closing
the Landfill. The following vote was recorded: Ayes, Councilmen Driscoll and
Novak; Nayes, Councilmen Schnirring, Kramer, Hallberg, O'Connor and Fischer.
Motion failed.
1530
Moved by Councilman Hallberg, seconded by Councilman Kramer that
a Public Hearing be held on July 1, 1974 at 8:00 o'clock P.M. in the Council
Chambers of City Hall to consider the following request for a Special Use
Permit and that the following notice be published, mailed and posted as re-
quired. . Ayes, all; 'Nayes, none.
Special Use Permit to construct a
basement apartment in the dwelling
on Lot 1, Block 1 LeDuc's 6th. Add.
(Paul Swanstrom, 50
BY ORDER OF THE CITY COUNCIL OF
June, 1974.
~.N. ~~
City Clerk
of
Persons desiring to be heard
Permit may be heard at this time.
Special Use
ATTEST
Mayor
Mayor Petersen requested the City Engineer, Larry Winter, to
have a Zoning Map made for the use of the City Council and Planning
Commission for their review.
The Steven Schneider claim for reimbursement for car damage as
a result of running over the curb on 17th. Street at TH 61 was discussed
and there was a concensus of opinion that the City was not liable for this
and should not pay the damage.
Moved by Councilman Kramer, seconded by Councilman O'Connor that
the bills as audited be approved and the City Clerk be instructed to issue
warrants for same. Ayes, all; Nayes, none.
L
c
u
I
CLA IMS
Stanley Se1eskie
Todd McNamara
Tom Redding
Calder Corporation
Arthur H. Baumeister, Jr.
Thoma s Nova k
Central Natural Gas Co.
Husting & Engstrom, Inc.
Robert W. Moore Company
Roger L. Tonsager
Metro" League of.Municipalities.
United Telephone Co.
W.E. Petersen
Metropolitan Sewer Board
Colonial Life & Accident Ins. Co.
Clarence La tch
American Nat'l Bank & Trust Co.
" " " " "
Fidelity Bank & Trust Co.
N/W Na t '1 Bank of Minneapolis
" "" "
"
"
"
"
"
"
"
"
"
"
"
"
[I
I .
American Linen Supply
A1binson
Behrens Auto Supply
Bob's Music Inc.
B-Tu-Mix Company
Big V Stores
The Cake Co.
Color Lab
Commissioner of Taxation
Dave's Electronic Service
Doerer's
Donnor Communications, Inc.
Bob DuSha ne
Erickson Oil Products
Flexible Pipe Tool Company
O.'Brien Chevrolet-Cadillac
Gopher Welding
Gordy's Glass Inc.
Graphic Design, Inc.
Gross Industrial Towel
Hastings Upholbtery
Hawkins Chemical, Inc.
Judge E1ectr ic
Herman J. Just, M. D.
H. S. Ka P 1a n
Loca 1 0 il Co.
Luxor Lighting Products Inc.
Lyle Signs, Inc.
Lyon(.Ch~m.;.ca 1
M-B Company
o 'Brien Chevrolet-Cadillac
Paul's Painting & Decorating
W. E. Petersen
Regina Memor ia 1 Hospital
Smart Set International
Steel Supply & Culvert Co.
Sticky Products
To1tz, King, Duvall, Anderson
and Associates
Thrifty Snyder Drug
True Value Center
Uniforms Unlimited Inc.
Viking Industrial Center
Waterous Company
Carl A. Weiss, M. D.
Zephyr C1~aners
Ziegler Inc.
Walter Petersen
I
CLA IMS
JUNE 17, 1974
NO.
10542
10543
10544
10545
10546
10547
10548
10549
10550
10551
10552
10553
10554
10555
10556
10557
10558
10559
10560
10561
10562
10563
10564
10565
10566
10567
10568
10569
10570
10571
10572
10573
10574
10575
10576
10577
10578
10579
10580
10581
10582
10583
10584
10585
10586
10587
10588
10589
10590
10591
10592
10593
10594
10595
10596
10597
10598
10599
10600
10601
10662
10603
10604
10605
10606
10607
10608
t0609
10<610
10611
10612
DISPOSITION
City Ha 11 Labor
" " "
"
"
"
May Expenses
Contract payment
Expenses
Reimbursement
Partial Payment
" "
Expenses
Annual meeting
May billing
Expenses
Reserve Capacity Charges
Accident premiums
Expenses
Bond Payment
" "
" "
" "
" "
" "
" "
" "
Supplies
"
Drill press & other supplies
Fuse
Const. materials
Supplies
"
Supplies & processing
Sa 1es tax
Services
Supp1fe s
LabGr
Gravel
Fuel & supplies
Supplies
"
"
"
OfHce Supplies
Supplies
Services
Supplies
Material & labor
Services
"
Fuel & Oil
Supplies
Street signs
Chemica 18
Supplies
Parts & labor
Painting of Swimming pool
Expenses
Services
Supplies
Culverts
Supplies
April Engineering services
Supplies
"
Clothing AllQllan,eEl &~;supplies
Supplies
Supplies
Services
"
Supplies
Mayor's Sa lary
1531
At10UNT
14.62
14.62
14.62
441. 80
4,950.00
15.60
65.00
9,207.00
11 ,964 . 21
37.50
8.75
636.77
41.70
1,782.00
102.00
167.19
6,921.03
4,360.88
9,962.37
12,580.00
6,087.50
10,940.00
2,375.00
7,302.50
69.00
44.55
1,585.33
1.20
305.01
2.98
13 . 92
14.89
18.48
12.50
17.78
60.00
660.00
48.46
47.93
20.77
21.60
73 .08
104.10
1.80
13.00
184.50
51.85
13 .00
100.00
491.46
172 . 79
916.50
108.75
22.11
268.86
475.00
11 .40
5.00
1.18
400.20
12.50
10,320.04
7.40
25.44
226.45
39.51
91.14
10.00
9.50
127.95
180.00
1532
CIA IMS NO. DISPOSITION AMOUNT
Richard Collins 10613 Councilman's Sa la ry 150.00
Ray Driscoll 10614 " " 150.00
Mary Fischer 10615 " " 150.00
Dona 1d Ha llberg 10616 " " 150.00
Antoany.'Kramer 10617 " " 150.00
Thomas Novak 10618 " " 150.00
James O'Connor 10619 " " 150.00
Erwin Schnirring 10620 " " 150.00
Peter McCann 10621 City Ha 11 Labor 22.54
Thomas P. Simmons 10622 City Clerk Office 252.45
Elizabeth Tingquist 10623 City Clerk Clerical 110.21 0
John Yanz 10624 Dog Ca tcher fees 65.00
Martin Conzemius 10625 Landfill attendant 38.14
Francis Dummer 10626 " " 44.49
R.T. McNamara 10627 " " 47.67
Clifford Nordstrom 10628 " " 45.74
Leon Heschke 10629 Landfill Labor 322.65
Joseph Pavelka 10630 Parks overtime 40.76
Douglas Quam 10631 Parks - N.Y.C. program 57.50
Harold Robinson, Sr. 10632 Parks Labor 201.40
Dona 1d Sagissor 10633 Parks " 97.50
Paul Foyte 10634 Police ove. time 43.44
Lloyd Gath 10635 I.' tI 21.73
Ronald Hillmer 10636 " " 32.70
Gera ld N is t 1er 10637 " " 17.49
Ride rd Ta te 10638 " " 73.32
Nicholas Wasy1ik 10639 " " 50.48
Charlotte Stoudt 10640 " Clerica 1 115.81
Peter McCann 10641 S tree t Labor 48. 79
Ronald Driscoll 10642 Street " 13 6. 60
Richard Linde 10643 " " 219.45
Thomas Ries 10644 " " 242.25
Dorothy Ftitze 10645 Engineering Cler ica 1 146.44
Arleda Reichert 10646 " " 100.41
Richard Doffing 10647 Water overtime 18.00 0
Dona 1d Lange 10648 " " 39.17
Pa trick Orman 10649 " " 36. 82
Vince Porvaznik 10l>50 " labor 81.25
Mark Sanatead 10651 " " 113.75
Miles Chrtatianson 10652 Wastewater labor 185.69
Charles Bartelma 10653 1974 Const. 208.04
Thomas Ginther 10654 " " 140.90
Michele Lewanski 10655 " " 132.80
Michael Ma1szycki 10656 " " 175.80
Lajuana Pederson 10657 " " 123.90
Mark Sanstead 10658 " " 135.00
Central Natural Gas 10659 398.73
that
Moved by Councilman Driscoll,
this meeting be adjourned. Ayes,
tIcl"; Z:-.L;.,
City 'Clerk
Fischer
ATTEST:
o