LABOR AGREEMENT

BETWEEN

Martin County MN

AND

Si Law EnforcementLabor Services, Inc

REPRESENTING:

Essential Employees Unit(Deputies/Sergeants)

LOCAL #136

January 1, 2020 - December 31,2022

TABLE OF CONTENTS

ARTICLE 1. PURPOSE 1

ART1CLE2. RECOGNITION AND DEFINITIONS 1

ARTICLE 3. EMPLOYER SECURITY I

ARTICLE 4. EMPLOYER AUTHORITY 1

ARTICLE 5. EMPLOYEE RIGHTS 2

ARTICLE 6. UNION SECURITY 2

ARTICLE 7. EQUAL APPLICATION 3

ARTICLE 8. LEGAL SERVICE 3

ARTICLE 9. GRIEVANCE PROCEDURE 3

ARTICLE 10. DISCIPLINE 5

ARTICLE 1L JOB SAFETY 6

ARTICLE 12. CONSTITUTIONAL PROTECTION 6

ARTICLE 13. SAVINGS CLAUSE 6

ARTICLE 14. PROBATION 7

ARTICLE 15. SENIORITY 7

ARTICLE 16. LAYOFF AND RECALL 7

ARTICLE 17. WORK SCHEDULE AND HOURS OF WORK 8

ARTICLE 18. OVERTIME/PREMIUM PAY/COMPENSATORY TIME 8

ARTICLE 19. HOLIDAYS, 9

ARTICLE 20. PERSONAL TIME OFF 10

ARTICLE 21. INJURED ON DUTY 11

ARTICLE 22. LEAVE OF ABSENCE 12

ARTICLE 23. INSURANCE 12

ARTICLE 24. UNIFORMS 13

ARTICLE 25. TRAINING 14

ARTICLE 26. PART-TIME EMPLOYEES 15

ARTICLE 27. FUNERAL LEAVE 15

ARTICLE 28. SEVERANCE 15

ARTICLE 29. COMPENSATION 15

ARTICLE 30. TUITION ASSISTANCE POLICY 16

ARTICLE 31. COMPLETE AGREEMENT AND WAIVER OF BARGAINING 17

ARTICLE 32. HEALTH CARE SAVINGS PLAN 17

ARTICLE 33. TERMINATION AND MODIFICATION 18

SCHEDULE A 20

ARTICLE 1. PURPOSE

1.1 Parties. This Agreement is entered into between the County of Martin (hereinafterreferred to as the "Employer") and Law Enforcement Labor Services, Inc., (Local No.136) (hereinafter referred to as the "Union") pursuant to and in compliance with thePublic Employment Labor Relations Act of 1971, as amended (here in after referred to asthe "PERLA") to provide the terms and conditions of employment for the essential, non-supervisory employees in the County Sheriffs Department during the duration of thisagreement.

ARTICLE 2. RECOGNITION AND DEFINITIONS

2.1 All essential licensed employees of the Martin County Sheriffs Department, Fairmont,Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03, Subd.14, excluding supervisory, confidential and non-licensed essential employees.

2.2 In the event the Employer and the Union are unable to agree as to the inclusion orexclusion of a new or modified job class, the issue shall be submitted to the Bureau ofMediation Services for determination:

2.3 For the purpose of this Agreement, the following terms shall have the meanings stated:

a. Union: Law Enforcement Labor Services, Inc.

b. Employee: Member of the recognized bargaining unit certified by the Bureau ofMediation Services.

c. Department: Martin County Sheriffs Department.

d. Employer: County of Martin.

e. A strike is defined as concerted action in failing to report for duty, the willfulabsence from one's position, the stoppage of work, slow down, or abstinence inwhole or in part from the full, faithful and proper performance of the duties ofemployment for the purposes of inducing, influencing or coercing a change in theconditions or compensation or the rights, privileges or obligations ofemployment.

ARTICLE 3. EMPLOYER SECURITY

3.1 The Union agrees that during the life of this Agreement, the Union will not cause,encourage, participate in. or support a strike, slow down, or other interruption of orinterference with the normal function of the Employer.

ARTICLE 4. EMPLOYER AUTHORITY

4.1 It is recognized by both parties that, except as expressly stated herein, the Employer shallretain whatever rights and authority neccssaiy to operate and direct the affairs of the

Department in all of its various aspects, including, but not limited to, the right to directthe working forces; to plan, direct and control all the operations and services of theDepartment; to determine the methods, means, organizations, and number of personnelby which such operations and services are to be conducted; to contract, sell, merge ordiscontinue any function of the Department; to assign overtime; to schedule workinghours, to assign and transfer employees; to decide whether goods or services should bemade or purchased; to hire, promote, demote, suspend, discipline, discharge or relieveemployees due to lack of work or other legitimate reasons; to make and enforce rules andregulations; and, to change or eliminate existing methods, equipment or facilities.

4.2 Any term or condition of employment not specifically established or modified by thisagreement shall remain solely within the discretion of the Employer to modify, establishor eliminate.

ARTICLE 5. EMPLOYEE RIGHTS

5.1 Nothing contained in this Agreement shall be construed to limit, impair or affect therights of any employee or his representative to the expression or communication of aview, grievance, complaint or opinion on any matter related to the conditions orcompensation of public employment or their betterment, so long as the same is notdesigned to and does not interfere with the full, faithful and proper performance of theduties of employment or circumvent the right of the Union.

ARTICLE 6. UNION SECURITY

6.1 Upon written notice fh)m the Union, the Employer shall deduct from the wages of theemployees who authorized such a deduction in writing an amount necessary to covermonthly Union dues.

6.2 The Union may designate employees from the bargaining unit to act as a steward andalternate and shall inform the Employer in writing of such choice and changes in theposition of steward or alternate.

6.3 The Employer shall make space available on the employee bulletin board for postingofficial Union notices and announcements.

6.4 The Union agrees to represent all employees of the Union without discrimination.

6.5 It is agreed that the Employer's obligation to provide for dues deduction shall continueonly for the period of time that such deductions and/or assessment are non-negotiable andrequired by PELRA.

6.6 The Employer agrees to allow the officers and representatives of the bargaining unitreasonable time off and leaves of absence, with prior approval and without pay, for thepurpose of conducting Union business when such time will not unduly interfere with theoperation of the department.

6.7 Employer agrees not to enter into any additional, agreements with employees.

individually or collectively concerning any terms or conditions of employment, whichconflict with this Agreement.

6.8 The Union agrees to indemnify and hold the Employer harmless against any and allclaims, suits, orders or judgments brought or issued against the Employer as a result ofany action taken or not taken by the Employer under the provisions of this Article.

6.9 The Employer agrees to post all promotional opportunities within the department and topublish the method by which promotions shall be made.

6.10 The Employer agrees to allow up to two (2) members to negotiate on duty with amaximum lime allowed of^en (10) hours per employee, and a maximum of thirty (30)hours.

ARTICLE 7. EQUAL APPLICATION

7.1 Employer and the Union shall not discriminate against, interfere with, restrain, or coercean employee from exercising the right to join or not to join the Union or participate in theofficial capacity on behalf of the Union, which is in accordance with the provisions ofthis Agreement. The Union will not discriminate against any employee in theadministration of the Agreement because of non-membership In the Union.

ARTICLE 8. LEGAL SERVICE

8. i Except in cases of malfeasance in office or willful or wanton neglect of duty, Employershall defend, save harmless and indemnify an employee and/or the employee's estateagainst any claim or demand, whether groundless or otherwise, arising out of an allegedact or omission occurring in the performance and scope of employee's duties; inaccordance with Minn. Stat. Section 466.07.

ARTICLE 9. GRIEVANCE PROCEDURE

9.1 Definition. A grievance is a dispute or disagreement as to the interpretation or applicationof the specific terms and conditions of this Agreement.

9.2 Union Representatives: The EMPLOYER will recognize representatives designated bythe Union as the grievance representatives of the bargaining unit having the duties andresponsibilities established by this Article. The Union will notify the EMPLOYER inwriting ofthe names ofsuch Union Representatives and of their successors.

9.3 Processing of a Grievance: It is recognized and accepted by the Union and the EMPLOYERthe processing ofgrievances is limited by thejobdutiesand responsibilities ofthe employees andwill therefore be accomplished during normal working hours when consistent with suchemployee's duties and responsibilities. The aggrieved employee and the Union Representativewill be* released from work, without loss in pay, to investigate a grievance and to attendmeetings or hearings pursuant to this Article provided the employee and the UnionRepresentative have notified and received the approval of the EMPLOYER who has

determined such absence is reasonable and would not be detrimental to the work programs oftheEMPLOYER.

9.4 Grievance Procedure. The grievance procedure shall be as follows:

Step 1. An employee who has agrievance shall submit itto the Union. The Union shall,within twenty-one (21) days of the event giving rise to the complaint, present the grievance tothe Sheriff. The written grievance shall contain;

a. The nature of the grievance and asummary ofthe facts upon which it is based.

b. The agreement provisions relied on or claimed to be violated.

c. The remedy or relief requested.

If the grievance is settled, the settlement shall be reduced in writing and signed by theEmployer representative and the Union representative. If no settlement is reached within five(5) days of referral, the Sheriff or his representativeshall give his written answerwithinfive(5)days thereafter. The grievance may then be referred in writing within an additional ten(10) days to:

Step 2. The Board of Commissioners. The grievance shall be considered within twenty(20) days after receipt. The Union representative(s), the employee, the Sheriff and appropriateEmployer representatives may attend the grievance meeting. If settled, it shall be reduced towriting and signed by the Employer representative and the Union representatives. If notsettled,the Employer representative shall give its written answer within fifteen (15) days following themeeting. If not settled, the grievance may be submitted to arbitration.

Step 2A. A grievance unresolved in Step 2 may, by mutual agreement of the parties, besubmitted to mediation through the Bureau of Mediation Services. A submission tomediation preserves the time lines for filing Step 3.

Step 3. Arbitration. Submission of an unresolved grievance to arbitration must bewithin ten (10) days after final determination under Step 2. The selection of an arbitratorshall be made in accordance with the Rules Governing the Arbitration of Grievances asestablished by the Bureau of Mediation Services

9.5 Arbitrator's Authority.

A. The arbitrator will have no right to amend, modify, nullify, ignore, add to orsubtract from the terms and conditions of this Agreement. The arbitrator shallconsider and decide only the specific issue(s) submitted in writing by theEMPLOYER and the Union and will have no authority to make a decision on anyother issue not so submitted.

B. The arbitrator will be without power to make decisions contrary to or inconsistentwith or modifying or varying in any way the application of laws, rules orregulations having the force and effect of law. The arbitrator's decision will besubmitted in writing within thirty (30) days following close of the hearing or thesubmission of briefs by the parties, whichever be later, unless the parties agree toan extension. I he decision will be binding on both the EMPLOYER and the

Union and will be based solely on the arbitrator's interpretation or application ofthe express terms of this contract and to the facts of the grievance presented.

C. The fees and expenses for the arbitrator's services and proceedings will be borneequally by the EMPLOYER and the Union provided that each patty will beresponsible for compensating its own representatives and witnesses. If either partydesires a verbatim record of the proceedings, it may cause such a record to bemade, providing it pays for the record. If both parties desire a verbatim record ofthe proceedings, the cost will be shared equally.

9.6 Choice of Remedy. If, as a result of the written Employer response in Step 2, thegrievance remains unresolved and if the grievance involves the suspension, demotion, ordischarge of an employee who has completed the required probationary period, thegrievance may be appealed either to Step 3 of Article 9 or a procedure such as: Veteran'sPreference, or Human Rights. If appealed to any procedure other than Step 3, thegrievance is not subject to the arbitration procedure as provided in Step 3. The aggrievedemployee shall indicate in writing which procedure is to be utilized. Step 3 or anotherappeal procedure, and shall sign a statement to the effect that the choice of any otherstatement to the effect that the choice of any other hearing precludes the aggrievedemployee from making a subsequent appeal through Step 3. Except that with respect tostatutes under the jurisdiction of the United States Equal Employment OpportunityCommission, an employee pursuing a statutory remedy is not precluded from alsopursuing an appeal under this grievance procedure.

9.7 Waiver. If a grievance is not presented within the time limits set forth above, it shall beconsidered "waived." If a grievance is not appealed to the next step within the specifiedtime limit or any agreed extension thereof, it shall be considered settled on the basis ofthe Employer's last answer. If the Employer does not answer a grievance or an appealthereof within the specified time limits, the Union shall elect to treat the grievance asdenied at that step and may immediately appeal the grievance to the next step. The timelimit in each step maybe extended by mutual written agreement of the Employer and theUnion in each step.

ARTICLE 10. DISCIPLINE

10.1 The Employer will discipline for just cause only. Discipline will be in one or more of thefollowing forms;

a. Oral reprimand;b. Written reprimand;c. Suspensiond. Demotion; or

e. Discharge

10.2 Notices of suspension, demotions and discharges will be in written form and will state thereason(s) for the action taken. Suspension will set forth the time period for which thesuspension shall be effective. Demotions will state the classification to which theemployee is demoted. The Union shall be provided with a copy of each such notice.

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 theemployee. The employee will receive a copy of such reprimands and/or notices. Minorofienses, other than those that show a problem of a continuing nature, will be purgedfrom an employee's personnel file after one (1) year. Other incidents will be retained andwill be given appropriate considerations for discipline. One factor in consideration shallbe the timeliness of the earlier incident.

10.4 Employees will not be questioned concerning an investigation unless the employee hasbeen given an opportunity to have Union representative present at such questioning. TheEmployer shall be under no obligation to advise an employee of this opportunity.

10.5 Employees may examine their own personnel files at reasonable times under the directsupervision of the Employer.

ARTICLE 11. JOB SAFETY

11.1 It shall be the policy of the Employer that the safety of employees, the protection of workareas, the adequate training in necessary safety practices, and the prevention of accidentsare a continuing and integral part of its everyday responsibilities.

11.2 It shall also be the responsibility of all employees to cooperate in programs to promotesafety to themselves and the public and to comply with rules promulgated to insuresafety. This employee responsibility shall include the proper use of all safety devices inaccordance with recognized safety procedures.

11.3 Employees shall not be required to work with employees who have not been licensed bythe P.O.S.T. Board if such license is required and if doing the duties of a Deputy Sheriff.

11.4 Disputes under the terms of this A1 tide shall not be subject to arbitration under thegrievance procedure.

ARTICLE 12. CONSTITUTIONAL PROTECTION

12.1 Employees shall have the rights granted to all citizens by the United States andMinnesota State Constitution.

ARTICLE 13. SAVINGS CLAUSE

13.1 This Agreement subject to the laws, ordinance and regulations of the United States, TheState of Minnesota, and the County of Martin. In the event that any provision of thisAgreement shall be held to be contrary to law by a court of competent jurisdiction, theEqual Employment Opportunity Commission (the EEOC) or the Minnesota Departmentof Human Rights from whose final judgment or decree no appeal has been taken withinthe time provided, such provision shall be voided. All other provisions of this Agreementshall continue in full force and effect. The voided provisions may be renegotiated uponthe written request of either party.

ARTICLE 14. PROBATION

14.1 All new employees will serve a twelve (12) month probationary period. A promotedemployee shall be granted a six (6) month probationary period.

14.2 During the probationary period, a new employee may be terminated, or a promotedemployee returned to their former position at the sole discretion of Employer.

14.3 New employees will earn Personal Time off (PTO) as provided in Article 20.Probationary employees may use PTO the month after it is earned. Accrued PTO will notbe paid to employees who leave during their probationary period.

ARTICLE 15. SENIORITY

15.1 County seniority shall be determined by the employee's length of continuous employmentwith Martin County. County seniority shall apply to accrual of Personal Time Off (PTO),and longevity credit.

15.2 Bargaining unit seniority shall be determined by the employee's length of continuousservice within the bargaining unit. (Such seniority shall be retained for six (6) month afterpromotion out of the bargaining unit.)

15.3 Classification seniority shall be determined by the employee's length of continuousemployment in a job classification.

15.4 All regular job or position openings that occur shall be posted on the County bulletinboards for no less than seven (7) days, specifying the job duties, knowledge, skills, basicrequirements, pay schedule, and location for applications.

ARTICLE 16. LAYOFF AND RECALL

16.1 A reduction in the work force shall be accomplished on the basis of inverse classificationseniority, provided all probationary and temporary employees in the classification are laidoff first. An employee may bump into a previously held lower classification on the basisof unit seniority, provided the employee is qualified to perform all the duties of the lowerclassification. When an employee bumps into a lower classification to avoid a layoff, theemployee's salary shall be the lesser of their present salary or the maximum rale for thenew classification.

16.2 An employee who is laid off retains recall rights for eighteen (18) months. Employeesshall be recalled in Inverse order of layoff. Employee must remain qualified to be eligiblefor recall.

16.3 Notice of recall shall be sent to the employee's last known address by celtified orregistered mail. If an employee fails to report to work as directed within fourteen (14)days of the mailing of the notice, the employee shall be deemed to have resigned. It is theemployee's obligation to maintain a current address and telephone number with theEmployer during a layoff.

ARTICLE 17. WORK SCHEDULE AND HOURS OF WORK

17.1 The nonnal work year is iwo thousand and eighty (2.080) hours to be accounted for byeach employee through:

a. Hours worked on assigned shiftsb. Assigned training;c. Authorized leave time:

d. Employer mandated functions.

17.2 Nothing contained in this or any other Article shall be inteipreted to be a guarantee ofminimum or maximum numbers of hours the Employer may assign employees.

17.3 The standard work week is forty (40) hours with the understanding that shift assignments aremade without reference to the standard seven (7) day period.

17.4 The Employer reserves the absolute right at its sole discretion to establish work scheduleswithout regard to usual or traditional practices.

17.5 Work schedules showing the employees' shift, work day and hours shall be maintained by theEmployer. Once such work schedules are established and until they are changed by theEmployer, such schedules shall be the regular work schedule. A minimum ofseven(7) days' notice shall be given for any regular scheduled shift change, excluding changes forovertime, call outs, sick time & compensatory time.

17.6 On call hours shall not be considered hours worked for pay or schedule purposes.

17.7 Employees may voluntarily switch shifts, with prior approval of the Employer. Voluntaryswitching of shifts shall not obligate the Employer for overtime pay.

17.8 Duty related conferences with prosecutors shall take place, whenever feasible, during dutyhours. Such conferences occurring during early report or extended duty hours shall becompensated at the regular base pay rate for actual time spent.

17.9 Early report or extension of shifts does not qualify an employee for callback or court timecompensation.

17.10 Employees have the obligation to work overtime or call backs if directed by the Employer.Call backs and court time shall require a minimum of two (2) hours compensation at time andone-half. Employees who are cancelled from Court with less than twenty-four (24) hours'notice shall receive two (2) hours of compensation at time and one half.

ARTICLE 18. OVERTIME/PREMIUM PAY/COMPENSATORY TIME

18.1 Employees shall be compensated at one and one-half (I '/2) times the employee's regular baserate of pay for hours worked in excess of employee's regularly scheduled shift, or at theemployee's choice, the equivalent amount of time off, with the approval of the Employer.Accumulated compensatory time may not exceed eighty (80) hours. Employees who requestto use compensatory lime off with more than seven (7) days' notice shall be given such timeoft'. Employees who request to use compensatory time off with seven (7) or less days' notice

may do so only if the Employer grants permission. The Employee may be directed to assist infinding their own replacement.

18.2 Forthepurposcsofcomputingovertimecompensation, overtime hours workedshall not bepyramided, compounded or paid twice for the same hours worked.

18.3 Overtime will be calculated to the nearest fifteen (15) minutes.

18.4 The Employer will make an effort to distribute overtime as equally as practicable.

18.5 Compensatory time may/shall be utilized in one (1) hour increments.

18.6 Employees assigned to be on call from the time the last night cargoes ofT-duty until the first daycar reports for duty will receive five dollars ($5.00) per hour for each hour assigned to boon-call. Employees called into workduringthistime will be compensated in accordance with article17.10, and thcon-call payment will not apply. Time spent on call will not be considered hoursworked for overtime purposes.

ARTICLE 19. HOLIDAYS

19.1 In addition to their regular wage all full-time Employees shall receive 10 paid holidays at theirregular rate of pay whether they are scheduled to work or not. Each holiday shall consist of 10hours.

19.2 A regular employee who works a minimum of 5 hours on any oftheobserved paid holidayslisted shall also be paid an additional 5 hours at their regular rate ofpay.

19.3 Iflhe employee workslheholiday, they may take (bank) 15 hours ofcomp. time instead of the 15hours holiday pay.

19.4 Ifthe employee docs not work the holiday, they may take (bank) 10 hours ofcomp. time insteadof the 10 hours of holiday pay.

19.5 The holidays shall be paid in the pay period they occur.

19.6 The following shall be considered holidays:

New Year's Day January 1®MartinLutherKing's Birthday 3''' Monday in JanuaryPresident's Day 3"* Monday in FebruaryMemorial Day 4* Monday in MayIndependence Day July 4"*Labor Day l^ Monday in SeptemberVeteran's Day November 11"'Thanksgiving Day 4"" Thursday in NovemberFriday after Thanksgiving 4"* Friday in NovemberChristmas Day December 25"^

19.7 An employee will not receive the extra holiday pay if they only work the minimumfive (5)hours on the holiday and then take compensatory time for the remainder of their shift.

19.8 Employees who work on Easter Sunday will receive pay equal to two times their regular hourlypay for those hours actually worked on the holiday.

19.9 Employees who work on Christmas Eve Day will receive pay equal to two times their regularhourly pay for those hours actually worked on the holiday.

19.10 Holidays will be defined as the 24-hour period beginning with the start of ftie day shift on the dayofthe holiday and ending with the end ofthe nightshift starling on the holiday.

\ ARTICLE 20. PERSONAL TIME OFF

20.1 All employees will participate in the Martin County Personal Time OIT(PTO) program. Onlyfull-time employees on compensated payroll status will accrue PTO bi-weekly based on thefollowing schedule. Employees regularly scheduled to work more than twenty (20) hours perweek but less than forty (40) hours per week will accrue on a pro- rated basis as provided inArticle 26. The County PTO program isadministered pursuant to the Detailed Plan Provisionsin effect September 1,2007, with any exceptions contained in this Article.

Years of Service Accrual Rate Maximum Accrual0-4 Years 12.67hourspermomh 304 hours per year5-7 Years 13.34 hours per month 3 20 hours per year8-9 Years 14 hours per month 336 hours per year10-12Years 14.67 hours per month 352hoursperyear13- ISYears 16 hours permonth 384 hours per year16-19 Years 19.34hourspermonth 464 hours per year20 +Years 22.67hourspermonth 544 hours peryear

20.2 Employees may accrue and carry over into the next year a maximum oftwo (2) times the annualaccrual rate of PTO as provided in the maximum accrual column in Section 20.7. Employeeswho accRie more than two (2) times the annual accrual rate as of November 15'^ may make aone-lime annual election to sell back up to the lesser of the annual maximum orforty(40)excess hours by notifying the Employer priorto December ofeach year. Any unused hoursleft in excess ofthe ma.ximum accrual will be lost.

20.3 PTO used as scheduled time offmust receive prior approval and is subject to the needs of theSheriffs office. Unless otherwise approved by the Sheriffin special circumstances, employeesshall make scheduled PTO requests at least thirty (30) days in advance of anticipated usage.Unless otherwise approved by the Sheriff, no more than one (1) Employee from a singlelocation shall be permitted to be on scheduled PTO at the same time. PTO preferences shallbe communicated to the Sheriff no later than June U' of each year and a schedule shall then beposted by the Sheriff. Employees who have received prior approval with more than seven (7)days' notice will be granted the time off and the approval will not be revoked except in thecase of emergency. Employees with seniority in the bargaining unit shall receive preferenceregarding scheduled PTO use. When using PTO, the Employee must use their first hour infull, but may use increments of no less than fifteen (15) minutes thereafter.

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20.4 Unscheduled PTO may be authorized for the following reasons with limitations asspecified:

a. For absence from duty because of personal illness, or illness in the immediatefamily. Immediate family for illness shall be defined as the employee's spouse,children, adult child, step-children, foster child, mother in-law. father in-law, grandchildren, parents, step-parents, grandparents, brothers, or sister, consistent with MNStatute 181.9413 as amended.

b. Disabilities caused or contributed to by pregnancy, miscarriage, abortion,childbirth and recovery therefrom are, for all job-related purposes, temporarydisabilities and may be treated as any other illness in connection withemployment.

c. The Employer may request a doctor's certificate when unscheduled PTO is used.PTO must be used for illness or injury lasting one to three days. After three days,the Employer may request a doctor's certificate related to the illness or injury ofthe employee or immediate family and the employee may use either the TwelveDay Short Term Disability Bank in Section 20.11 or their Extended Sick LeaveBank in 20.12.

20.5 The PTO plan provides a Twelve Day Short Term Disability Bank available foremployee or family (as defined in Article 20.4) illness or injury exceeding twenty-four(24) Hours. This Bank does not carry over and accrue from year to year. Employeesmust use twenty-four (24) hours of PTO before using the Twelve Day Short TermDisability Bank. If the same illness or injury causes recurring absences, the employeewill not be required to use twenty-four (24) hours of PTO for each absence before use ofthe Twelve Day Short Term Disability Bank. The waiver of the twenty-four (24) hoursuse of PTO for a recurring illness or injury may be requested of the Sheriff and is subjectto review by the County Coordinator.

20.6 Sick leave hours earned and accrued as of December 31. 2007. under Article 21 will beplaced in an Extended Sick Leave Bank, effective January 1.2008. The Extended SickLeave Bank will not accrue additional hours after January 1, 2008. This Bank may beused by the employee in lieu of the Twelve Day Short Term Disability Bank provided inSection 20.11. The use of this bank is subject to the same requirements and restrictions asthe Twelve Day Short Term Disability Bank.

20.7 Employees who terminate employment at\er their probationary period shall be paid for allPTO hours earned and accrued to their termination date, at their current hourly rate ofpay. This payment will be in addition to any hours paid to the employee from theemployee's Extended Sick Leave Bank as provided in Article 28. In the case of theemployee's death any unused PTO shall be paid to the employee's estate.

ARTICLE 21. INJURY ON DUTY

21.1 TheCoLinty will pay an employee who isoffofwork because of injuries suffered whileon dutyand who is receiving workers compensation benefits the difference between the amount paid to theemployee pursuant to workers compensation and the employee's full paycheck (exclusive ofovertime ordifferentials)fora period not to exceed sixty (60) working days. This amount will

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not be charged to the employee's PTO or extended sick leave banks. Employees who areunable to return to work following the sixty (60) days will utilize accrued and unused PTO,compensatory time off and extended sick leave tocontinue to receive a full paycheck.

21.2 Employee'sreceivingthisbenefitwili notbeeligibleforbenefits provided by theCounty'sshort-tenri disability program.

21.3 In no case shall thetotal weekly compensation received by the employee, including any leave orbenefit provided by this Article and worker's compensation benefits exceed the weekly base rate ofthe employee.

21.4 An employee who is injured on the job, regardless ofthe extent of the injury, shall notify theirsupervisor of the injury.

21.5 Anemployeewhoisreceivingworker'scompensationforaninjuryrcceived while working forthe Employer, may supplement worker's compensation with other accumulated benefits inorder to receive a normal full salary.

ARTICLE 22. LEAVE OF ABSENCE

22.1 Any request for leave of absence without pay shall be submitted in writing by the employee tothe Sheriff and the County Board. The request shall state the reason the leave of absence Isbeing requested and the approximate length oftime off the employee desires. A uthorization foror disapproval of leave of absence shall be furnished to the employee by the County Board. Itshall be in writing.

22.2 Employees shall be granted a leave of absence any time they arc required to report for juiy dutyorjury service. Employees shall be paid the difference between thejury duty compensation theyreceive and their regular wages for each day of jury service.

22.3 Any employee who is a member of a Reserve Force ofthe United States or ofthis State and whois ordered by the appropriate authorities to attend a training program or perform other dutiesunder the supervision ofthe United States or of this State, shall be granted a leave ofabsencewith pay during the period ofsuch activity up to fifteen (15) calendar days per calendar year.

22.4 Employees shall notify their supervisor as soon as possible oftheirjury duly obligation or thedates on which the military leave will occur.

22.5 Employees will be eligible for Family and Medical Leave, as defined in the Martin Countypersonnel policy handbook, on the same basis and subject to the same requirements asnonunion employees in Martin County.

ARTICLE 23. INSURANCE

23.1 For the calendar years 2020 to 2022 only, the Employer shall provide the same health insuranceplans and contributions as it does for non-union employees.

Eligibility for group insurances and life insurance is limited to full-time employees.

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23.2 The Employer shall pay for each employee the full premium for a twenty thousand dollar($20,000) benefit term life insurance policy as part of the Employer's group plan.

23.3 Employeesshall beeligible for Retiree Health Insurance on the same terms as non-unionemployees.

ARTICLE 24. UNIFORMS

24.1 Initial Uniform. The Employer shall furnish new employees with an initial uniformcomplement. The inltiallssue will include the following: three (3)summer shirts, three wintershirts, three (3) pairs of pants, two (2) ties, one (1) summer jacket, one (1) winter coat orparka, one(l) summer hat (felt), one (I) winter hat, one (1) pair ofshoes or boots, two (2) shirtbadges, one (1) garrison belt, all rank insignia. In addition to the above listed items, a newemployee hired to perform thedutiesof Deputy sheriffshall be issued the following items: one(1) Same Browne belt, one (1) holster, one (1) pair of handcuffs, one (1) handcuff case, one(l)key carrier, one (1) mace carrier, one (I) ammo carrier, one(l) flashlight or baton carrier,one(1) bulletproofvest,one(l) raincoat, four (4) belt keepers and weapons as required by theEmployer.

The following items will remain thepropertv'ofthe Employer and employees leaving theemployment of the Employer shall return these items to the employer: winter coats or parkas,badges, collar brass, garrison belts, Sam Browne belts, holsters, handcuffs, handcuff cases,key carriers, ammo carriers, flashlight or baton carriers, mace carriers, bulletproof vests,raincoats and weapons.

It is understood and agreed between the parties that any item purchased bytheemployee from theuniform allowance asset forth below shall remain the property ofthe employee. Any itempurchased by the Employer and furnished to the employee in any manner other than through theutilization ofthe uniform allowance asset forth below shall remain the property ofthe Employerand shall be returned by the employee as set forth above.

24.2 Uniform Allowance. In addition to the initial uniform allotment, each employeeshall receive,following the employee's first year of employment an allowance to be utilized as set forthin this paragraph. Such allowance shall not be paid in cash to the employee but shall bemaintained as a credit by the Employer through the office of the Martin County Auditor.Each employee shall receive an allowance maintained as a credit by the Employer asfollows: for calendar years 2020 through 2022 $720.00. Two hundred dollars ($200.00)of this credit maybe cashed out by the employee for maintenance purposes. The uniformallowance shall only be used for the replacement of the employee's own initial uniformidentified in Article 24.1 and items approved by the sheriff in 24.2.b.

The uniform allowance shall be utilized as follows:

a. The employee may without approval by the Employer, replace any item listed asinitial uniform" in Article 24.1. These items may be purchased or ordered by theemployee without prior approval by the Employer, and the item or items charged tothe employee's uniform allowance account except for a winter coat or parka.

b. Any item sought to be purchased by any employee other than those items identified

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as "initial uniform" in Article 24.1 above may be purchased by the employee onlyupon the prior approval of the Employer. Purchase of a winter coat or parka requiresthe approval of the Sheriff. The Martin County Siieriff shall be the designated agentof the Employer for the purposes of approving purchases chargeable to theemployee's uniform allowance. The parties agree that no weapons will be purchasedby the employee out of the employee's uniform allowance without prior approval ofthe Martin County Sheriff.

c. No firearm shall be purchased using clothing allowance funds provided for in thisarticle within one (1) year of retirement or resignation. Firearms that are purchasedwithin one (1) year of retirement or resignation will become the property of theEmployer, unless the Employee reimburses the Employer for funds used in thepurchase of said firearm.

The parties agree that the uniform allotment unused by each employee during thecalendar year in which it was issued will be carried over by the Employer as a crediton the employee's account from year to year. However, in no event shall anyemployee receive any cash compensation upon retirement or other separation fromservice with the Employer on account of any outstanding balance remaining in his orher uniform allowance.

24.3 Safety Lenses. The Employer will be responsible for up to seventy-five ($75.00) towardthe difference in cost between non-safety lenses and safety lenses. This provision may beutilized by the employee once in each calendar year.

The Employer will replace any body armor when it becomes outdated based onmanufacturer's recommendations or unusable due to damage/wear incurred in the line ofduty. The employee who is to wear the body armor will be allowed to select the makeand model of their choice with purchase approved by the Employer.

ARTICLE 25. TRAINING

25.1 The Employer shall:

a. Provide training required by Peace Officer Standards and Training (P.O.S.T.)Board and/or the Employer, to maintain employee's licenses as certified policeofficers, or to enhance the performance of their duties.

b. Pay for such training at the applicable rate; and

c. Reimburse employees for all reasonable costs incurred in obtaining training,including but not limited to mileage, meals, lodging, and for license fees. Mealsshall be reimbursed at the rate of $15.00 per meal maximum cost, and/or a totalmaximum cost of $30.00 a day for all meals or the amount set by County Policy,whichever is greater.

d. Employees who fail to avail themselves of training opportunities shall forfeitrights under this provision.

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25.2 The Employer will pay the licensing fee for all employees required to hold licenses fromthe P.O.S.T. Board.

ARTICLE 26. PART-TIME EMPLOYEES

26.1 Pan-lime employees working more than twenty (20) hours per week shall receivebenefits other than insurance on a pro-rated basis, based on the number of hours workedin relation to full-time employees.

ARTICLE 27. FUNERAL LEAVE

27.1 An employee shall be allowed up to three (3) working days with pay as funeral leave not to bededucted from PIG, for the death of an immediate family member. The number of daystaken shall be at the discretion of the Employer. Immediate family shall be defined as theemployee's spouse, children, step-children, foster child, parents, step-parents, siblings, step-siblings, half-siblings, grandparents, .step-grandparents, grandchildren, and step-grandchildren.

27.2 One (1) day of PTO for the death of a relative outside the immediate family

27.3 Any employee selected to be a pallbearer; driver or military honor guard will be allowedone (1) funeral leave day with pay.

27.4 Employees shall notify their supervisor as soon as possible of the need to take a funeralleave.

ARTICLE 28. SEVERANCE

28.1 Upon death, retirement or severance in good standing an employee or his heirs shallreceive pay. at the current pay rale at the time of separation, equal to twenty-five percent(25%) of their accrued sick leave. After January 1. 2008, the sick leave hours converted tothe Extended Sick Leave Bank and unused by the employee, will be payable under thesame terms and conditions as the sick leave severance.

28.2 Effective January 1, 2020, any severance due the Employee upon separation fromemployment, shall be deposited at 100% into the Employee's Post-Retirement HealthCare Savings Plan (HCSP) account, which is administered by the Minnesota StateRetirement System (MSRS). Upon an Employee's death, contributions owed, but not yetpaid into the Health Care Savings Plan account shall be paid out in cash to theEmployee's beneficiary or their estate.

ARTICLE 29. COMPENSATION

29.1 Wage Schedule: Employees shall be compensated in accordance with the wage scheduleattached to this Agreement and marked Schedule A. The attached wage schedule shall beconsidered a part of this Agreement. In the event that there is a rounding differencebetween the amounts shown on Schedule A and payroll, payroll shall govern.

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29.2 Effective January 1, 2020 in addition to an Employee's regular compensation, a one dollar

($ 1.00) per hour shift differential shall be paid to employees for hours actually worked

between 6PM and 6AM.

29.3 Effective January 1, 2020, all General Wage Adjustment will be in effect on January l" ofeach calendar year. TTie General Wage Adjustment for 2020-2022 will be 2.5% for each year.

29.4 Effective January 1.2020, ail Step Increases that each Employee receives shall take place onJanuary I of each calendar, upon approval of the County Board of Commissioners.

29.5 Both the School Resource Officer and Investigator positions will be assignments at thediscretion of the Sheriff. Positions apart of the bargaining group will be compensatedaccording to the following assigned Grade on Schedule A of the Pay Matrix:

• Grade 14 - Deputy Sheriff / Deputy Sheriff - School Resource Officer• Grade 15 - Deputy Sheriff Investigator (as classified in Compensation Plan)• Grade 16 - Deputy Sheriff Investigator (as negotiated) / Deputy Sheriff Sergeant

ARTICLE 30. TUITION ASSISTANCE POLICY

30.1 Provide every "qualifying employee" a tuition reimbursement in an amount equal to 50%of "qualifying expenses" not to exceed $ 1.200 in any calendar year provided thefollowing conditions have been met:

A. The qualifying employee has completed and submitted an "Application forReimbursement of Educational Expenses" form supplied by Martin County.

B. The qualifying employee has submitted supporting documents as evidence thoseexpenses have been incurred and paid.

C. The qualifying employee has received a "passing" grade from a post-secondaryeducational institution.

D. The qualifying employee, upon acceptance of any tuition reimbursement, willcontinue employment with Martin County for a period of not less than one yearfrom receipt of such reimbursement.

In the event any qualifying employee fails to meet the above criteria, any monies paid under thisprogram shall be returned to Martin County. Employees receiving reimbursement under thisprogram understand that such payments constitute income and shall be included in theemployee's gross earnings subject to all applicable withholdings.

Course work that qualifies for tuition reimbursement will be considered on a case by case basisin advance of the employee's enrollment. It is Incumbent upon every employee to self-initiateand to be independently responsible for any continuous or periodic educational course work.Qualifying employees are persons who have been employed by Martin County on a full timebasis for at least six months prior to making application for reimbursement.

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Direct expenses are those expenses necessary to obtain a post-secondary degree in acourse of study leading to an educational degree at a qualifying institution. A qualifyinginstitution includes a four-year accredited college, a vocational school, or any otherinstitution approved by Martin County. Course work to be taken on personal time only.There will be no reimbursement for personal expenses such as mileage and meals, etc.

An attainment of a grade "C" or better, (pass if not graded) and evidence in writing by theeducational institution.

ARTICLE 31. COMPLETE AGREEMENT AND WAIVER OF BARGAINING

31.1 This Agreement shall represent the complete Agreement between the Union and theEmployer.

31.2 The parties acknowledge that during the negotiations which resulted in this Agreement,each had the unlimited right and opportunity to make requests and proposals with respectto any subject or matter not removed by law from the area of collective bargaining, andthat the complete understandings and agreements arrived at by the parties at^er theexercise of that right and opportunity are set forth in this Agreement. Therefore, theEmployer and the Union, for the life of this Agreement, each voluntarily andunqualifiedly waives the right, and each agrees that the other shall not be obligated tobargain collectively with respect to any subject or matter referred to or covered In thisAgreement or with respect to any subject or matter not specifically referred to or coveredin the Agreement, even though such subject or matter may not have been within theknowledge or contemplation of either or both of the parties at the time that theynegotiated or signed this Agreement.

31.3 The parties agree that certain benefits and conditions may exist that are not codified by theAgreement. While neither party agrees to be bound by such practices each will make asincere effort to list such benefits and conditions for further negotiations. The parties

agree that no unreasonable effort will be made to arbitrarily change such benefits withoutconsultation.

ARTICLE 32. HEALTH CARE SAVINGS PLAN

32.1 The Employer will establish a post-employment Health Care Savings Plan (HCSP) accountthrougli the MN Slate Retirement System (MSRS) for each Employee. Funds shall bedeposited into an account to be used following separation of County service. These funds shallbe withheld pre-tax and invested at the direction of the individual employee and may be usedto pay eligible medical/dental expenses as described by IRS Publication 502. The Employerwill not contribute any monies to the fund.

All Employees shall contribute 2.5% of their gross wages each pay period. The Employer shalldeposit these funds into the Employee's Health Care Savings Plan account.

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ARTICLE 33. TERMINATION AND MODIFICATION

33.1 This Agreement shall be effective as of January 1, 2020 and shall remain in full force andeffect through December 31,2022 inclusive. It shall be automatically renewed from year toyear thereafter unless either party shall notify the other in writing by September 1 that itdesires to modify this Agreement.

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For: LAW ENFORCEMENT LABOR SERVICES

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2020 Pay Matrix

1 2 3 4 s 6 7 8

14 S26.80 $28.18 $29.56 $30.94 $32.32 $33.70 $35.08 $36.45

15 $28.41 $29.87 $31.34 $32.80 $34.26 $35.72 $37.18 $38.64

16 $31.25 $32.86 $34.47 $36.08 $37.68 $39.29 $40.90 $42.51

2021 Pay Matrix (Projected with 2.5% General Wage Adjustmentfrom 2020}

Salary

Grade

Range Steps

14 $27.47 $28.88 $30.30 $31.71 $33.13 $34.54 $35.96 $37.36

IS $29.12 $30.62 $32.12 $33.62 $35.12 $36.61 $38.11 $39.61

16 $32.03 $33.68 $35.33 $36.98 $38.62 $40.27 $41.92 $43.57

2022 Pay Matrix fProjecfed with 2.5% General Wage Adjustment from 2021)

Salary

Grade——

Range Steps—

14 $28.14 $29.59 $31.04 $32.49 i $33.94 $35.39 $36.83 $38.27

15 $29.83 $31.36 $32.91 $34.44 ; $35.97 $37.51 $39.04 $40.57

16 $32.81 $34.50 $36.19 $37.88 $39.56 $41.25 $42.95 $44.64