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HomeMy WebLinkAbout2018_12_11 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" 4:00 PMTuesday, December 11, 2018 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 4:00 PM Executive Session Location: Executive Session Room, Room 312 ID 2018-0527 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. 6:00 PM REGULAR MEETING Location: Chambers, Room 310 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. Page 1 City of Brookings December 11, 2018City Council Meeting Agenda 3.B. Action to approve minutes. 3.C.ID 2018-0534 Action on appointments to City Boards, Committees and Commissions. 3.D.RES 18-097 Action on Resolution 18-097, A Resolution Setting Forth A Schedule Of Proposed Fines For Parking Violations Of The Ordinances Of The City Of Brookings, South Dakota Resolution- marked Resolution-clean Attachments: 3.E.RES 18-100 Action on Resolution 18-100 to approve the purchase of a 2019 Elgin Pelican Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract #122017-FSC through Sanitation Products. Resolution Sanitation Products Quote Acceptance and Award-Federal Signal National Joint Powers Alliance Board Minutes 3-20-18 Combined Ads Sewer Vacuum Comment and Review-Sewer Vacuum Federal Signal Contract Proposal Opening Record Surplus Sweeper Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 6. Contracts/Change Orders: 6.A.ID 2018-0536 Action on the City General Employee Contract. Contract with Track Changes Contract Pay Schedule Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 2 City of Brookings December 11, 2018City Council Meeting Agenda 6.B.ID 2018-0538 Action on the Police Department Union Contract. Contract with Track Changes Contract Pay Schedule Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.RES 18-093 Action on Resolution 18-093, A Resolution Awarding Bids for City Hay Lease in Section 21-T110N-R50W (West of Brookings Airport) Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.D.RES 18-094 Action on Resolution 18-094, A Resolution Awarding Bids on City Crop Lease in Wiese and Freeland Additions Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.E.RES 18-095 Action on Resolution 18-095, A Resolution Awarding Bids for City Hay Lease in Section 11-T109N-R50W (Main Avenue South & 32nd Street South) Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.F.RES 18-096 Action on Resolution 18-096, A Resolution Awarding Bids for Airport Hay Lease Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.G.ID 2018-0528 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a one year contract (01/01/2019 - 12/31/2019). Contract – marked Contract – clean Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 3 City of Brookings December 11, 2018City Council Meeting Agenda 6.H.RES 18-099 Action on Resolution 18-099, a Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement. Resolution Amendment Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.I.RES 18-101 Action on Resolution 18-101, a Resolution authorizing the City of Brookings to execute Lease Extension Amendment Agreements with Cellular Inc. Network Corporation D/B/A Verizon Wireless. Memo Lease Agreement Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Public Hearings and Second Readings: 7.A.ID 2018-0541 Public Hearing and Action on a Temporary Liquor Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 2, 2019, for a Gala and Grand to be held at 1700 8th Street South. NoticeAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 7.B.ORD 18-017 Second Reading and Action on Ordinance 18-017, an Ordinance pertaining to the use of commercial pedal cars in the City of Brookings, South Dakota. OrdinanceAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 11/27/18 City Council read into the record 7.C.RES 18-102 Public hearing and action on Resolution No. 18-102, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Restaurant Liquor License for or the Lodge, DenWil Hospitality Group, Inc., owner, 2515 6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp Addition. Resolution 18-102 Legal notice Restaurant Operating Agreement Resolution Establishing the Fee Enabling Ordinance Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 4 City of Brookings December 11, 2018City Council Meeting Agenda 8. Other Business: 8.A.ID 2018-0540 Action on 2019 City Manager Compensation Package. Action: Motion to Approve, Request Public Comment, Roll Call 9. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 10. Adjourn. Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Page 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0527,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0534,Version:1 Action on appointments to City Boards, Committees and Commissions. Summary: Mayor Keith Corbett has submitted the following appointment recommendations for City Council advice and consent: Swiftel Center Advisory Committee Number of positions:1 Term Length:3 years Residency Requirement:Not Required Purpose: The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center. Mayor’s Recommendation: 1.Appoint Tim Peters Traffic Safety Committee Number of positions:2 Term Length:3 years Residency Requirement:The majority of the members shall be residents of the city. Purpose: The Traffic Safety Committee will develop and implement coordinated traffic safety programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City Council as a whole in the coordination of traffic safety activities of the official agencies and departments of the City of Brookings; establishing safety priorities for the City; reviewing and approving project applications for funding; serving in a liaison capacity between the City of Brookings and the South Dakota Highway Safety Program in developing the State Highway Safety Program and in meeting the National Highway Safety Program Standards; promoting public acceptance of official programs proposed or instigated by the City; fostering public knowledge and support of traffic law enforcement and traffic engineering problems; cooperating with city schools in promoting educational traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city streets. Mayor’s Recommendation: 1.Appoint Charlie Schnabel 2.Appoint Don Norton City of Brookings Printed on 12/7/2018Page 1 of 2 powered by Legistar™ File #:ID 2018-0534,Version:1 Recommendation: Staff recommends approval. City of Brookings Printed on 12/7/2018Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-097,Version:1 Action on Resolution 18-097, A Resolution Setting Forth A Schedule Of Proposed Fines For Parking Violations Of The Ordinances Of The City Of Brookings, South Dakota Summary: The new Downtown Parking Permit Program will start January 1, 2019. This resolution will establish fees and fines to allow the City Police Department to ticket and tow a vehicle illegally parked in a reserved parking stall. Background: The City is advertising the Downtown Parking Permit Program which will start on January 1, 2019. The fees listed in Resolution 18-097 are being established in the event that the Police Department would need to ticket and tow a vehicle illegally parked in one of the reserved parking stalls. Fiscal Impact: No fiscal impact. All funds received from Brookings County are a result of the fines leveed. All court costs remain with the UJS. Recommendation: Staff recommends approval of the resolution to set parking fees. Attachments: Resolution - marked Resolution - clean City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ RESOLUTION 18-097 A RESOLUTION SETTING FORTH A SCHEDULE OF PROPOSED FINES FOR PARKING VIOLATIONS OF THE ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations of the Ordinance set forth below. SCHEDULE OF PROPOSED FINES WITH COURT COSTS Section Offense Fine Prior Costs Total Parking Offenses 82-522 Size of Vehicles 60.00 0.00 60.00 120.00 82-523 Prohibited Activities 60.00 0.00 60.00 120.00 82-524 Removal of Vehicles 60.00 0.00 60.00 120.00 82-525 Permit Parking 60.00 0.00 60.00 120.00 Parking Offenses (if paid w/in 72 hours)/ Without Court Appearance 82-522 Size of Vehicles 60.00 0.00 0.00 60.00 82-523 Prohibited Activities 60.00 0.00 0.00 60.00 82-524 Removal of Vehicles 60.00 0.00 0.00 60.00 82-525 Permit Parking 60.00 0.00 0.00 60.00 Passed and approved this 11 th day of December, 2018. CITY OF BROOKINGS: _______________________________________ ATTEST:Keith Corbett, Mayor __________________________ Shari Thornes, City Clerk RESOLUTION 18-097 A RESOLUTION SETTING FORTH A SCHEDULE OF PROPOSED FINES FOR PARKING VIOLATIONS OF THE ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations of the Ordinance set forth below. SCHEDULE OF PROPOSED FINES WITH COURT COSTS Section Offense Fine Costs Total Parking Offenses 82-522 Size of Vehicles 60.00 60.00 120.00 82-523 Prohibited Activities 60.00 60.00 120.00 82-524 Removal of Vehicles 60.00 60.00 120.00 82-525 Permit Parking 60.00 60.00 120.00 Parking Offenses (if paid w/in 72 hours)/ Without Court Appearance 82-522 Size of Vehicles 60.00 0.00 60.00 82-523 Prohibited Activities 60.00 0.00 60.00 82-524 Removal of Vehicles 60.00 0.00 60.00 82-525 Permit Parking 60.00 0.00 60.00 Passed and approved this 11 th day of December, 2018. CITY OF BROOKINGS: _______________________________________ ATTEST:Keith Corbett, Mayor __________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-100,Version:1 Action on Resolution 18-100 to approve the purchase of a 2019 Elgin Pelican Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract #122017-FSC through Sanitation Products. Summary: Whereas, the City Street Department requests action to purchase a 2019 Elgin Pelican Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract #122017-FSC through Sanitation Products. Background: The new sweeper will replace a 2012 Elgin Pelican sweeper. Replacement of street sweepers occurs on a 6-year basis in order to reduce maintenance costs and breakdowns. Fiscal Impact: 2019 CIP has a budget amount of $190,000. The total price from Sanitation Products is $200,816.00. The overage of the CIP amount will be compensated with the surplus sale of the 2012 Elgin Pelican sweeper. Staff recommends approval. Attachments: Sanitation Products Quote Acceptance and Award-Federal Signal National Joint Powers Alliance Board Minutes 3-20-18 Combined Ads Sewer Vacuum Comment and Review-Sewer Vacuum Federal Signal Contract Proposal Opening Record Resolution City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ Resolution No. 18-100 Resolution Approving the Purchase of a 2019 Elgin Pelican Street Sweeper Whereas, the City Street Department requests action to purchase a 2019 Elgin Pelican Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract #122017-FSC through Sanitation Products. Whereas, the new sweeper will replace a 2012 Elgin Pelican sweeper. Replacement of street sweepers occurs on a 6-year basis in order to reduce maintenance costs and breakdowns. Whereas, the 2019 CIP has a budget amount of $190,000. The total price from Sanitation Products is $200,816.00. The overage of the CIP amount will be compensated with the surplus sale of the 2012 Elgin Pelican sweeper. Now Therefore, Be It Resolved that contract from Sanitation Products from Sioux Falls, South Dakota in the amount of $200,816.00 be accepted. Passed and approved this 11 th day of December, 2018. CITY OF BROOKINGS ________________________________ Keith Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Regular Meeting Minutes of the NATIONAL JOINT POWERS ALLIANCE® Board of Directors Tuesday, March 20, 2018 Conference Room 3 & 4 202 12th St. NE, Staples, MN 56479 Chair Wilson called the meeting to order at 6:12 p.m. with the following Board members present: Mike Wilson, Greg Zylka, Sharon Thiel, Ryan Thomas, Scott Veronen, Barb Neprud, Sara Nagel, and Mark Gerbi. Also present was Stephen Jones, Little Falls School District, Jon Radermacher, City of Little Falls, Ex-Officios; and Chad Coauette, Susan Nanik, Jeremy Schwartz, Paul Drange, Marcus Miller, Travis Bautz, Mike Carlson, Jamie Loken, Monica Klimek, Dean Greising, Keith Hanson and Danielle Wadsworth, NJPA staff. Ms. Thiel moved, seconded by Mr. Thomas to accept the agenda as amended. Motion carried. Ms. Neprud moved, seconded by Mr. Gerbi to accept the minutes of the Regular Board Meeting held on February 20, 2018. Motion carried. Mr. Carlson presented the monthly Financial Reports and a year-to-date budget update. Ms. Neprud moved, seconded by Mr. Zylka to approve the check register and Treasurer’s Report of Cash, Revenues, and Expenditures and to pay all vendor disbursements #90010 to #90044 and #96282 to #96500. Motion carried. Ms. Neprud moved, seconded by Ms. Nagel to approve all Wire Transfers #198 to #222. Motion carried. Ms. Neprud moved, seconded by Mr. Zylka to approve all Wire Transfers-Employee Expense reimbursements #629 to #711. Motion carried. Mr. Veronen moved, seconded by Mr. Gerbi to accept the Consent Agenda as follows: •Updated Membership Agreements Members added February 1-28, 2018 Motion carried. Mr. Hanson gave a day in the life of an NJPA employee presentation on his role as a Principal Accountant & Treasurer. Mr. Drange gave an update on Regional Programs. Ms. Nanik gave an update on the Facilities and Human Resources Departments. Mr. Carlson gave an update on the Finance and Risk Management Departments. Mr. Loken gave an update on the Information Communication Technology Department. Mr. Miller gave an update on the Legal and Government Relations Departments. Mr. Bautz gave an update on the Marketing and Membership Departments. Mr. Schwartz gave an update on the Operations and Procurement Departments and an update on the contracts awarded in February as noted in Appendix A. Ms. Thiel moved, seconded by Mr. Zylka to approve NJPA 2018-2019 Staffing & Program Recommendations and Rationale. Motion carried. Mr. Wilson made the following board Committee Appointment: a.Organizational Incentive Metrics Team: Mark Gerbi and Scott Veronen b.TIES Initiative Committee: Greg Zylka and Mark Gerbi c.Minnesota Service Cooperative Committee: Mike Wilson and Barb Neprud Mr. Gerbi moved, seconded by Mr. Thomas to approve hiring: •Tamara Filippi, Nonprofit & Other Government Associations Membership Specialist; effective April 9, 2018 •Jake Huebsch, Senior Planner; effective April 9, 2018 Motion carried. Ms. Nagel moved, seconded by Mr. Zylka to accept the retirement of Julie Mertens, Technology Integrationist; effective June 30, 2018. Motion carried. Ms. Neprud moved, seconded by Mr. Veronen to accept the following resignations and open positions: •Tom Morgan, Contract Administrator; effective April 2018 •Joe Morgan, Contract Administrator; effective April 2018 Motion carried. Ms. Thiel moved, seconded by Mr. Thomas to approve the following Job Descriptions and open positions: •Manager of IT Systems and Services •Software Developer III Motion carried. Ms. Nanik gave the staffing update. Dr. Coauette gave an update on National Cooperative Procurement Partners and Minnesota Service Cooperatives. Mr. Wilson reviewed the National Conference dates along with other meeting dates. Mr. Gerbi moved, seconded by Mr. Thomas to adjourn the meeting at 7:06 p.m. Motion carried. APPENDIX A NJPA PROCUREMENT DEPARTMENT BOARD ITEMS ‐ March 2018 Requesting Board permission to Solicit the following categories: Requesting Board permission to Re‐Solicit the following categories: Atlantic Machinery, Inc. 122017‐AMI "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" Exprolink Inc. 122017‐EXP "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" Federal Signal Corp. 122017‐FSC "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" GapVax Inc. 122017‐GPV "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" Global Environmental Products, Inc. 122017‐GEP "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" Gradall Industries, Inc. 122017‐GRD "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" Hi‐Vac Corporation 122017‐HVC "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" Johnston North America 122017‐JTN "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" NiteHawk Sweepers, LLC 122017‐NHK "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" RapidView, LLC 122017‐RVL "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" Schwarze Industries, Inc. 122017‐SWZ "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" Sewer Equipment Company of America 122017‐SCA "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" TYMCO, Inc. 122017‐TYM "Sewer Vacuum, Hydro‐Excavation, and Street Sweeper  Equipment, with Related Accessories and Supplies" New ezIQC Contracts State of Ohio ‐ Cleveland F.H. Paschen, S.N. Nielsen & Associates LLC OHGCAGCOMA‐020618‐FHP Foti Contracting OHGCAGCOMB‐020618‐FCL Johnson‐Laux Construction OHGCAGCOMC‐020618‐JLC Centennial Contractors Enterprises Inc OHGCAGCOMD‐020618‐CCE Regency Construction Services OHGCAGCOME‐020618‐REG Irizar Electric LLC OHGCAEOMA‐020618‐IEL The K Company, Inc.OHGCAHVOMA‐020618‐TKC Custom Controls Group, LLC OHGCAHVOMB‐020618‐CCG West Roofing Systems, Inc. OHGCAROMA‐020618‐WRS Custom Controls Group, LLC OHGCAROMB‐020618‐CCG Barbicas Construction Co Inc OHGCAAPOMA‐020618‐BCC Empire Paving LLC OHGCAAPOMB‐020618‐EMP Ohio Paving & Construction OHGCACOMA‐020618‐OPC Platform Cement Inc.OHGCAWUIOMA‐020618‐PLC Price Builders & Developers Inc OHGCAGCMBA‐020618‐PBD Henderson Contracting Company LLC OHGCAGCMBB‐020618‐HCC CONTRACT EXTENSIONS 5th YEAR RENEWALS ezIQC RENEWALS Adrian L. Merton Incorporated MD05ME01‐031417‐ALM Adrian L. Merton Incorporated MD03ME01‐031417‐ALM Centennial Contractors Enterprises, LLC. VA01HGC‐021417‐CCE Centennial Contractors Enterprises, LLC. VA04NGC‐021417‐CCE Centennial Contractors Enterprises, LLC. VA01VGC‐021417‐CCE Comfort Systems USA VA01NM‐021417‐CFS Comfort Systems USA VA01HM‐021417‐CFS I.B. Abel, Inc.MD02EL01‐031417‐IBA Infinite Energy Construction. Inc.KS01A‐031516‐IEC L.S. Black Contractors. Inc.MN01B‐031516‐LBC L.S. Black Contractors. Inc.MN03B‐031516‐LBC L.S. Black Contractors. Inc.MN02B‐031516‐LBC Paige Industrial Services MD06EL01‐031417‐PAI Paige Industrial Services MD05GC03‐031417‐PAI Paige Industrial Services MD06GC01‐031417‐PAI Paige Industrial Services MD03GC03‐031417‐PAI Paige Industrial Services MD03EL01‐031417‐PAI Paige Industrial Services MD05EL01‐031417‐PAI Vigil Contracting, Inc.MD05ME02‐031417‐VGL Vigil Contracting, Inc.MD05EL02‐031417‐VGLCONSENT AGENDA ITEMSNEW CONTRACT 1 Carol Jackson From:Miranda Andersen <miranda@aamdc.com> Sent:Thursday, November 16, 2017 3:11 PM To:Carol Jackson Subject:Re: RFP for Advertisement Thank you Carol,   We would like to post this RFP. Please forward it to me when it is available.     Much thanks,  Miranda Andersen  Sent from my iPhone    On Nov 16, 2017, at 9:02 AM, Carol Jackson <Carol.Jackson@njpacoop.org> wrote:  Good Morning!     Please let me know if you would like to post this RFP and I will forward additional information.     The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member  agencies, which includes all governmental, higher education, K‐12 education, not‐for‐profit, tribal  government, and all other public agencies located in all fifty states, Canada, and internationally, issues  this Request For Proposal (RFP) to result in a national contract solution for the procurement of #122017  SEWER VACUUM, HYDRO‐EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED  ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 2017. Details may  be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219,  Staples, MN 56479, or by e‐mail at RFP@njpacoop.org. Proposals will be received until December 20,  2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m.  Central Time.     Thank you!        <image001.png>  Carol Jackson Procurement Analyst III phone 218-894-5481  email   carol.jackson@njpacoop.org  website  NJPAcoop.org     Bid Information /∠Home ∠List of Bids Bid Information Bid Information for 122017 Bid Number 122017 Bid Name Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies Published By National Joint Powers Alliance Solicitation Type Open to all suppliers Contract Type RFP Procurement Name Procurement Published Date 11/16/2017 Closing Date 12/20/2017 04:30:00 PM CT Country & Province/State Ontario, Canada Region & City , Bid Type Goods Group Estimated Contract Amount $99,999,999.00 Remind Notice Date Not Applicable Publish Option NIGP Code Value Range Not Applicable Client Departments Accept questions Not Applicable Tender Area NDA Requirement Not Applicable NOI Date Not Applicable Site Meetings Not Applicable Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies 122017 Closing Date: 12/20/2017 04:30:00 PM CT Detail: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #122017 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. No Bid Document Selected Unclassified Categories Miscellaneous items Miscellaneous Bids located within this category are not classified in the existing Biddingo categories. Roads/ Sewer/ Watermain Roads/Sewer/Watermain Projects-Excavating, Ditch, Culvert, Streetscaping, Traffic Lights, Road Painting, Visors, Polycarb, Asphalt Overlay, Fire Hydrant, Guard Rails, Drainage Systems Pending Biddingo Approval Pending Biddingo Approval Requirements Bid Advertisement Bid Document Selected Categories (Biddingo Category) Attached Bid Documents Page 1 of 2Biddingo - Leading e-procurement portal for public and private sector bids 11/16/2017https://r2cow.biddingo.com/viewVerification/377075/1285722 Seq. Seq. Name Name Description Description Size Size Page Page NDA NDA Required Required Preview Preview Document Document No File Attached Name / Email Name / Email Address Address Phone Phone Fax Fax No Bidder Invited © Copyright 2017 R2CoW. All Rights Reserved. Powered by [ SUPPORT (Download Training Manuals) ] Invited Bidders Page 2 of 2Biddingo - Leading e-procurement portal for public and private sector bids 11/16/2017https://r2cow.biddingo.com/viewVerification/377075/1285722 National Joint Powers Alliance :: -Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies https://www.njpacoop.org/index.php?cID=6174[11/16/2017 10:06:01 AM] Procurement Process About Us Affiliations & Relationships Become a Member Member Resources Get to Know NJPA - Indefinite Quantity Construction Contracting Systems and related services - Automotive and Truck Replacement Parts and Tires with Related Equipment, Accessories, and Services - Class 6,7, and 8 Chassis with Related Equipment, Accessories, and Services - Multi-Function Copiers, Printers, and Equipment - Express Courier, Overnight, Ground Delivery Logistics Services - Elevators, Escalators, and Moving Walks with Related Equipment, Services, Accessories and Supplies - Forklifts, Lift Trucks, and Related Material Handling Equipment, Attachments, Accessories, and Services - Pest Management with Related Current & Pending Solicitations Become a Vendor Cooperative Purchasing Vendor Name: * Vendor Address: * Vendor City: * Vendor State: * Vendor Zip Code: * Contact Name: * Contact email: * Vendor Phone Number: -Sewer Vacuum, Hydro-Excavation, and StreetSweeper Equipment, with Related Accessories andSupplies The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #122017 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. Pre-Proposal Conference: December 5, 2017 at 10:00 am CT Sealed proposals due: December 20, 2017 at 4:30 pm CT Proposals will be publicly opened: December 21, 2017 at 8:30 am CT NJPA reserves the right to reject any and all proposals. To Obtain RFP documents do one of the following: 1. E-mail rfp@njpacoop.org, an email will be sent back to you with the documents 2. Send a letter of request to National Joint Powers Alliance: Attn: Contracts and Compliance Department 202 12th Street NE, Staples, MN 56479 3. Complete the RFP Document Request Form below, this will redirect you to a page where you can get the documents immediately. Home > Cooperative Purchasing >Become a Vendor >Current & Pending Solicitations > -Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies Home 888.894.1930 Contact Us About Us Cooperative Purchasing Statewide/Regional Solutions Organizational Notice Basic Information Details Dates Contact Information Bid Submission Process Estimated Contract Value (CAD)$999,999,999.00 (Not shown to suppliers) Reference Number 0000071479 Issuing Organization National Joint Powers Alliance Solicitation Type RFP - Request for Proposal Solicitation Number 122017 Title Sewer Vacuum Hydro-Excavation Street Sweeper Equipment with Related Accessories Source ID PP.CO.USA.868485.C88455 Region All of Canada, All of Canada Purchase Type Term: 2018/03/22 12:00:00 AM CDT - 2021/03/16 12:00:00 AM CDT Description The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #122017 SEWER VACUUM, HYDRO- EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 2017. Proposals will be received until December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. Publication 2017/11/16 10:46:02 AM CST Question Acceptance Deadline 2017/12/13 04:30:00 PM CST Questions are submitted online No Bid Intent Not Available Closing Date 2017/12/20 04:30:00 PM CST Procurement Department 218-894-1930 rfp@njpacoop.org Bid Submission Type Electronic Bid Submission Pricing Lump sum Pricing Lump sum Bid Documents List Item Name Description Mandatory Bid Documents Documents defining the proposal Yes 122017 - Sewer Vacuum Hydro-Excavation Street Sweeper Eq... 2017/11/16 10:46:45 AM CST Page 1 of 4 Documents Documents Document Size Uploaded Date Language How to obtain Sewer RFP.DOCX [docx] 12 Kb 2017/11/16 10:44:39 AM CST English 122017 - Sewer Vacuum Hydro-Excavation Street Sweeper Eq... 2017/11/16 10:46:45 AM CST Page 2 of 4 Categories Selected Categories MERX Categories (5) G Goods Goods G28 Special Purpose Vehicles Special Purpose Vehicles G22 Miscellaneous Goods Miscellaneous Goods G18 Industrial Equipment Industrial Equipment G19 Machinery and Tools Machinery and Tools U Other Other U Undefined Undefined 122017 - Sewer Vacuum Hydro-Excavation Street Sweeper Eq... 2017/11/16 10:46:45 AM CST Page 3 of 4 Document Request List Document Request List Organization Name Main Contact Download Date City Province/State No document has been requested yet. 122017 - Sewer Vacuum Hydro-Excavation Street Sweeper Eq... 2017/11/16 10:46:45 AM CST Page 4 of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n /+1" POCFIBMGPG/+1"BOEJUTDVSSFOUBOE QPUFOUJBMNFNCFSBHFODJFT XIJDIJODMVEFTBMMHPWFSONFOUBM IJHIFSFEVDBUJPO ,FEVDBUJPO OPUGPSQSPGJU USJCBMHPWFSONFOU BOEBMMPUIFSQVCMJDBHFODJFT MPDBUFEJOBMMGJGUZTUBUFT $BOBEB BOEJOUFSOBUJPOBMMZ JTTVFTUIJT3FRVFTU'PS 1SPQPTBM 3'1 UPSFTVMUJOBOBUJPOBMDPOUSBDUTPMVUJPOGPSUIFQSPDVSFNFOUPG 4&8&37"$66. ):%30&9$"7"5*0/ "/%453&&548&&1&3 &26*1.&/5 8*5)3&-"5&%"$$&4403*&4"/%4611-*&4%FUBJMTPGUIJT3'1 BSFBWBJMBCMFCFHJOOJOH/PWFNCFS %FUBJMTNBZCFPCUBJOFECZMFUUFSPG SFRVFTUUP$ISJT3PCJOTPO /+1" UI4USFFU/PSUIFBTU 10#PY 4UBQMFT ./ PSCZFNBJMBU3'1!OKQBDPPQPSH1SPQPTBMTXJMMCFSFDFJWFEVOUJM %FDFNCFS BUQN$FOUSBM5JNFBUUIFBCPWFBEESFTTBOEPQFOFE %FDFNCFS BUBN$FOUSBM5JNF RI $POUBDU*OGPSNBUJPO 1SJNBSZDPOUBDU/BUJPOBM+PJOU1PXFST"MMJBODF 1SPDVSFNFOU%FQBSUNFOU $ISJT3PCJOTPO 1SPDVSFNFOU.BOBHFS UI4USFFU/& 10#PY 4UBQMFT ./ 6OJUFE4UBUFT 1I DISJTSPCJOTPO!OKQBDPPQPSH 4VCNJUUPDPOUBDU/BUJPOBM+PJOU1PXFST"MMJBODF 1SPDVSFNFOU%FQBSUNFOU $ISJT3PCJOTPO 1SPDVSFNFOU.BOBHFS UI4USFFU/& 10#PY 4UBQMFT ./ 6OJUFE4UBUFT 1I DISJTSPCJOTPO!OKQBDPPQPSH `` ` i &NQJSF4UBUF%FWFMPQNFOUIUUQXXXFTEOZHPW RI Chat Help Logout [Switch to Vendor View] Home New Bid Closed Bids My Stuff Tools Bid RFP #122017 - Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and supplies Bid Type RFP Bid Number 122017 Title Sewer Vacuum, Hydro- Excavation, and Street Sweeper Equipment, with Related Accessories and supplies Start Date Nov 16, 2017 1:54:33 PM CST End Date Dec 20, 2017 4:30:00 PM CST Agency NJPA Bid Contact Chris Robinson (218) 895-4168 rfp@njpacoop.org 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Access Reports View reports on who has been notified of the bid or accessed it. [Notification report] [Access report] Questions 0 Questions 0 Unanswered [View/Ask Questions] Edit Bid [Create Addendum] Description The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #122017 SEWER VACUUM, HYDRO- EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. Delivery Information Chris Robinson, NJPA 202 12th St NE, PO Box 219, Staples, MN 56479 Pre-Bid Conference Date Dec 5, 2017 10:00:00 AM CST Location Page 1 of 2Public Purchase: Bid RFP #122017 - Sewer Vacuum, Hydro-Excavation, and Street Swee... 11/16/2017http://www.publicpurchase.com/gems/bid/bidView?bidId=87674 Notes Pre-Proposal information will be sent two days prior. Documents No Documents for this bid Customer Support: agencysupport@publicpurchase.com | Copyright 1999-2017 © | The Public Group, LLC. All rights reserved. Page 2 of 2Public Purchase: Bid RFP #122017 - Sewer Vacuum, Hydro-Excavation, and Street Swee... 11/16/2017http://www.publicpurchase.com/gems/bid/bidView?bidId=87674 PUBLIC NOTICES The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #122017 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. usat-usatnonbus-100074451nationaljointpowersal-display-public-notice-12388.indd 111/13/17 2:39 PM City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0536,Version:1 Action on the City General Employee Contract. Summary: Attached is the proposed employee collective bargaining agreement. The City General employees are covered under such agreement. Teamsters Local Union No. 120 represents City General employees under this contract. The current contract expires at the end of the year and the new proposed contract is for January 1, 2019 to and including December 31, 2019. The City Manager and the Human Resources Director worked with union stewards and the Teamsters Business Agent for the City General group. The City General member group has accepted the proposed contract and City Council approval to ratify this contract will complete this process. The proposed contract in the packet is in amendment format so you can easily see the changes to the contract that is about to expire. Recommendation: Staff recommends approval Attachments: Contract with track changes Contract Pay Schedule City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ City of Brookings Labor Contract 20196-2018 INDEX Article Title Page Article 4955 ................Absenteeism ................................................................................. 34 Article 20 ....................Affirmative Action Program ............................................................ 8 Article 3742 ................Alcohol and Drug Abuse ............................................................... 19 Appendix A (Official Salary Schedule) ........................................... 44 Article 1921 ................Authority to Employ Personnel ...................................................... 8 Article 89 ....................Bonds .............................................................................................. 4 Article 5460 ................Break Time .................................................................................... 36 Article 112 ..................Bulletin Boards ................................................................................ 5 Article 123 ..................Business Agents .............................................................................. 5 Article 5965 ................Call-In ............................................................................................ 39 Article 78 ....................Check Off ......................................................................................... 4 Article 178 ..................Citizen’s Complaint ......................................................................... 7 Article 67 ....................Committee for Union - Management Co-Operation ...................... 3 Article 617 ..................Compensation Time ...................................................................... 39 Article 6470 ................Definitions ..................................................................................... 40 Article 167 ..................Discharge or Suspension ................................................................. 6 Article 6571 ................Duration ........................................................................................ 42 Article 539 ..................Educational Material .................................................................... 36 Article 3843 ................Employee Assistance Program ...................................................... 22 Article 235 ..................Employee Classification ................................................................ 11 Article 56 ....................Equal Employment Opportunity ..................................................... 3 Article 37 ....................F.I.C.A (Social Security) ................................................................. 17 Article 325 ..................Gifts and Gratuities ....................................................................... 16 Article 145 ..................Grievance Procedure ...................................................................... 5 Article 606 ..................Hazardous Pay ............................................................................... 39 Article 406 ..................Holidays ......................................................................................... 25 Article 4753 ................Injury Leave ................................................................................... 33 Article 359 ..................Insurance ....................................................................................... 17 Article 269 ..................Interim Pay Grade Changes .......................................................... 14 Article 4854 ................Leave Without Pay ........................................................................ 34 Article 910 ..................Liability Coverage ............................................................................ 4 Article 528 ..................Licenses and Certificates............................................................... 36 Article 628 ..................Longevity ....................................................................................... 40 Article 3 ......................Maintenance of Standards ............................................................. 1 Article Title Page Article 45 ....................Management Rights ........................................................................ 2 Article 4551 ................Medical Leave of Absence ............................................................ 32 Article 4450 ................Military Leave................................................................................ 31 Article 5561 ................Miscellaneous ............................................................................... 37 Article 4 ......................Non-Discrimination ......................................................................... 2 Article 2831 ................Organization/Association Membership ........................................ 15 Article 2730 ................Out-Of-Class Pay ........................................................................... 14 Article 2932 ................Outside Employment/Activity ...................................................... 15 Article 336 ..................Pay Period ..................................................................................... 16 Article 202 ..................Personnel Records and Reports...................................................... 9 Article 303 ..................Political Activity ............................................................................. 15 Article 4652 ................Professional Development and Educational Leave ...................... 33 Article 257 ..................Promotions or Transfers ............................................................... 13 Article 314 ..................Public Relations ............................................................................. 16 Article 1 ......................Recognition ..................................................................................... 1 Article 156 ..................Reprimand ....................................................................................... 6 Article 3640 ................Retirement .................................................................................... 18 Article 3944 ................Safety Policy .................................................................................. 23 Article 224 ..................Seniority ........................................................................................ 10 Article 2 ......................Separability and Saving Clause ....................................................... 1 Article 246 ..................Separations ................................................................................... 12 Article 41 ....................Sexual Harassment ........................................................................ 18 Article 5864 ................Shift Differential ............................................................................ 39 Article 428 ..................Sick Leave ...................................................................................... 28 Article 439 ..................Special Leave ................................................................................. 30 Article 5763 ................Standby Time ................................................................................ 38 Article 101 ..................Stewards ......................................................................................... 4 Article 405 .................Storm Policy .................................................................................. 25 Article 348 ..................Tax Deferred Annuities ................................................................. 17 Article 506 ..................Travel............................................................................................. 35 Article 5662 ................Uniforms and Equipment ............................................................. 38 Article 134 ..................Union Business and Representatives ............................................. 5 Article 417 ..................Vacation Leave .............................................................................. 27 Article 517 ..................Volunteer Fire Department Training ............................................ 36 Article 639 ..................Wages ............................................................................................ 40 Article 189 ..................Work Rules ...................................................................................... 7 Article 213 ..................Work Week ..................................................................................... 9 1 CITY OF BROOKINGS LABOR CONTRACT 20196-2018 THIS AGREEMENT made and entered into this 1st day of January, 20196, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION The Employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: All regular full-time employees employed by the City of Brookings employed in the following departments, to-wit: Community Development, Engineering, Street, Parks, Recreation, Forestry, Library, Liquor and Solid Waste/Landfill, excluding all other city employees, department heads, supervisors and administrators as stipulated. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of the Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force an d effect, but all other provisions of the Agreement shall continue in force and effect. 3. MAINTENANCE OF STANDARDS 3A. The Employer agrees, subject to the following provisions, that all conditions of employment in his individual operation relating to w ages, hours of work, overtime differentials and general working conditions shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved whenever specific provisions for improvement are made elsewhere in this Agreement. 3B. It is agreed that the provisions of this Article shall not apply to inadvertent or bona fide errors made by the Employer or the Union in applying the terms and conditions of this Agreement. Such bona fide errors may be corrected at any time. 3C. This provision does not give the Employer the right to impose or continue wages, hours or working conditions less than those contained in this Agreement. 2 4. NON-DISCRIMINATION The Employer and the Union agree not to limit, segregate, or classify employees in any way to deprive any individual employee of employment opportunities, or discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, creed, sex, age, disability, or national origin, sexual orientation, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. Any employee who feels they have been discriminated against should bring this concern to his/her supervisor, or higher authority, according to the grievance procedure specified in Section 15 of this contract. 45. MANAGEMENT RIGHTS The Union recognizes the prerogatives of the City Council and City Manager to operate and manage its affairs in all respects in accordance with its responsibility and powers of authority which the City has not officially abridged, delegated or modified by this Agreement, and such powers and authority are retained by the City. These management rights include, but are not limited to the following: 45A. To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train or retrain employees in positions with the City; to discipline/suspend, discharge or take other appropriate action against employees for just cause; 45B. To determine the size and composition of the work force, to elimin ate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 45C. To determine the objectives of the City and the methods and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); for purchase and utilization of equipment; and the utilization of sea sonal and part time employees, as long as no full time employees are laid off; 45D. To provide reasonable standards and rules for employees; and 45E. To determine the method of fulfillment of the objectives of the City whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 3 56. EQUAL EMPLOYMENT OPPORTUNITY The City of Brookings is an Equal Opportunity Employer and will not discriminate in the hiring process on the basis of his race, sex, religion, age, creed, color, sexual orientation, national origin, disability, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. The City will always endeavor to hire the best qualified applicant. The selection will be based on qualifications, skills, training, and attainment of Affirmative Action Goals and Priorities, as adopted by the City Council in the Affirmative Action Plan. 67. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 67A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either party. They also recognize that during such period more mutually constructive and productive relationships are l ikely to exist between the City and the Union and among both management and non -management employees, if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and understanding of each others problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below. 67B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them, within the framework of this Agreement. It is understood that such m eetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of this Agreement. In agreeing to such meetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 67C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting 4 the health, life and limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. 67D. The committee shall be composed of four (4) members designated by the Union and four (4) members designated by the City. Any recommendations must be adopted by a majority of the committee. 78. CHECK OFF Effective upon ratification, the Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 89. BONDS Should the employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 910. LIABILITY COVERAGE The Employer shall continue in affect th e insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. 101. STEWARDS The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 101A. Investigation and presentation of grievances to Employer or the Employer representatives in accordance with the provisions of this Agreement. 101B. Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during work hours without loss of pay, provided that it does not interfere with the efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance 5 of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of mon thly overtime. 112. BULLETIN BOARDS The employer agrees to provide space on its bulletin boards for Union business notices. Union space will be allocated. 123. BUSINESS AGENTS Authorized agents of the Union, after having notified the Department Head, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on-duty hours for the purpose of adjusting disputes, investigating work conditions, and ascertaining that the Agreement is being a dhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 134. UNION BUSINESS AND REPRESENTATIVES 134A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 134B. Upon receiving forty-eight (48) hours notice, the City shall excuse all employees in the bargaining unit, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City. Off duty employees attending such meetings shall do so on their own time. 145. GRIEVANCE PROCEDURE 145A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. or City policies or ordinances or changes in working conditions affecting the employees covered by this Agreement. 145B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. 145C. Failure to resolve the grievance with the supervisor, the grievance shall be reduced to writing and submitted to the Human Resources Director and the 6 Local Union within ten (10) calendar days following the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or union representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or her designee shall meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 145D. Failing settlement at that level, the matter may be ap pealed to the Department of Labor and Management pursuant to SDCL 3 -18-15.2. The appeal must be initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limits or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary action, the employee and/or the Union may elect to commence the grievance procedure at the level of the Department Head or City Manager. 145E. Time limits may be extended by mutual agreement. 145F. The Union has the authority to abandon a grievance. 145G. Abandonment of a grievance shall not set a precedence. 156. REPRIMAND Any reprimand that can become part of an employee’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative present. 167. DISCHARGE OR SUSPENSION 167A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before he/she is discharged or otherwise disciplined if the cause of such discharge is: 1. Dishonesty; 7 2. Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during their work shift. An employee will submit to a portable breath test if the presence of alcohol is suspected. In the event of a positive reading, the employee may, at their discretion, submit to a blood alcohol test, the expense of which is covered by the City if the test is negative and by the employee if the test is positive. The employee will submit to a urine drug screen if the presence of drugs is suspected. 3. Personal possession or use of illegal drugs while on duty; 4. Failure to report a serious accident or incident while on duty; 5. Insubordination; flagrant disregard of a lawful or reasonable order. 167B. It is understood that there are other offenses of extreme seriousness that an employee will be discharged without a warning letter. Depending upon the circumstances and upon just cause, a lesser discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the City Manager, be implemented. It is furthe r understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. Warning notices shall be in effect for up to 12 months. 167C. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 178. CITIZEN’S COMPLAINT When a citizen makes a formal complaint against an employee, which such complaint might become part of that employee’s official record, such complaint shall be reduced to writing after a complete investigation has determined there may be possible merit or substance to the same. Such written complaint shall be delivered to the employee and the employee shall have the right to face his/her accuser with the steward and/or representative of the Local Union present at such meeting. The Department Head shall also be present at the meeting. 189. WORK RULES The City of Brookings encourages and promotes a mutual respect between management and bargaining unit employees in the performance of their respective duties. Department general orders, work rules and the department policy and procedure manual shall be reviewed by the City Manager and the department head to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. All Union comments on the proposed changes will be 8 considered by the City Manager and the department head ; however, the City Manager retains the right to adopt changes in the said orders, work rules and manual. This article is not intended to permit changes in specific provisions of the Agreement. Any disputes over reasonableness of work rules shall be subject to the grievance procedure. 20. AFFIRMATIVE ACTION PROGRAM 20A. The City of Brookings unequivocally supports the principles and spirit of equal employment opportunity based upon qualifications, related experi ence, job pertinence, and relevant individual differences and not on the basis of non - relevant factors such as his race, gender, sexual orientation, religion, age, handicap, country of origin, or political affiliation. 20B. It is the policy of this City to provide equal employment opportunity without discrimination in order that all qualified persons are accorded an equal opportunity for employment or promotion without discrimination due to his race, gender, sexual orientation, religion, age, handicap, co untry of origin, or political affiliation. 20C. To ensure that we continue to adhere to the principles of equal employment opportunity as stated above, the following will remain the City’s policy regarding recruitment, selection and promotion: 20C.1 Recruitment - The recruitment of persons to fill vacancies will be accomplished without regard to his race, sex, religion, age, creed, color, sexual orientation, national origin, disability, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. The City will maintain contacts with various persons, groups and organizations, and employment agencies concerning personnel resources and requirements when necessary. 20C.2 Selection - The selection of persons to fill job vacancies will be accomplished through approved procedures. Persons will be hired without regard to non-relevant factors following a completely objective appraisal of each eligible individual interested in the position. 20C.3 Promotion - Promotion will be proposed in accordance with applicable rules on a non-discriminatory basis. 1921. AUTHORITY TO EMPLOY PERSONNEL 1921A. Authority to employ individuals for all positions in the City service, except certain appointive positions as stipulated in the City Charter is vested in the City Manager. 1921B. Supervision - Individuals will not be assigned to a department which will require them to be supervised or evaluated by immediate family members. 9 202. PERSONNEL RECORDS AND REPORTS 22A. A personnel file will be maintained on all employees. The file shall contain the employee’s application or resume for employment and personal history sheet, a current W-4 form, insurance and retirement information, pay status, leave status, promotions, transfers or demotions, performance review information, job description, a record of the employee’s current address and telephone number, and personal information necessary to assist the Human Resources Department. 22B. It is important that personnel records reflect correc t information about the employee at all times. Employees are requested to report promptly to the Personnel Department any changes in status as listed below: 1. name; 2. address; 3. telephone number; 4. marital status; 5. beneficiary change - (retirement and insurance); 6. legal change of name; 7. name, birth date, relationship, and the total number of dependents; 8. completion of education/training courses; 9. person(s) to notify in case of emergency; 10. physical or other limitations; 11. special awards or honors; 12. record, including serial numbers, etc., of personally assigned City-owned equipment. 202AC. All personnel files are to be maintained by the respective department heads in a secure, locked file cabinet in the Human Resources office. Employees are encouraged to periodically review and comment on their personnel records. Review of personnel files must be completed in the presence of the Human Resources Officer or their designated representative. ALL PERSONNEL FILES AND INFORMATION THEREIN ARE CONFIDENTIAL. 213. WORK WEEK 213A. The normal working day for municipal employees shall be consecutive hours and the work week shall consist of forty (40) hours. Flexible schedules shall be set or approved by the Department Head. 213B. Employees shall be paid for all time spent in the employ of the Employer. 213C. Employees shall be compensated at the rate of time and one -half for all hours required to work prior to and/or beyond scheduled shift; on a scheduled day off; or in excess of forty (40) hours per week. Overtime will not be paid, however, for 10 changes made to an employee’s normal weekly work schedule to include days off or shift when seven (7) calendar days advance written notice is given to the employee, unless changes to the schedule result in actual work hours in excess of 40 per week. However, seven (7) calendar days advance notice does not need to be given in the event of an emergency which is defined as an unforeseen combination of circumstances that calls for immediate action as determined by the department head or his designee. In that event, the employee shall be paid at a rate of time and one-half for all hours required to work outside of their regular shift for emergencies and/or unforeseen circumstances. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other benefit leave, will not be used in the computation of overtime. Overtime will not be allowed without approval of the Department Manager or other supervisor as designated. 213D. Overtime shall not be pyramided. 213E. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. 213F. Part-time and seasonal employees shall be scheduled as needed, not to reduce full-time employees below the normal scheduled work week. 224. SENIORITY 224A. Seniority rights for employees shall prevail. 224B. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the bargaining uni t. Current established seniority lists as of 12/30/97 shall not be modified or changed, but with respect to the contract language of January 1, 1999, definitions consistent with the seniority article shall prevail. 224C. On January 1 of each year, the Em ployer shall post a current seniority list and shall submit a copy to the Union. 224D. Seniority and employment relationship shall terminate when an employee: 1. Quits; 2. Is discharged for just cause; 3. Is retired. 224E. Department seniority shall govern layoff and recall. In the event of a layoff, the last employee hired in each affected Department, shall be laid off first as long as 11 the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective departments. 224F. A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks notice of separation or shall be paid for the two (2) weeks following the notice of layoff. Part-time and seasonal employees shall be laid off first provided they are doing comparable duties in the same department. 224G. Seniority will continue to accumulate for any employee who is drafted into the Armed Forces of the United States, or who volunteers d uring a period of national emergency, for the period of his/her service, and for ninety (90) days thereafter, if he/she received an honorable discharge. 224H. Employees who are injured and are covered by Workers’ Compensation shall continue to accumulate seniority during their absence. 224I. The City of Brookings shall grant re-employment rights to employees who have been laid off. Employees who are discharged, resign, or retire, shall forfeit re - employment rights. Employees who have been laid off shall be granted re- employment rights for a period of six (6) months in the classification they previously held. When re-employing personnel with seniority rights, such rights shall prevail. Re-employed individuals who have been laid off shall retain seniority and all accumulated benefits. Such benefits may not be accrued during the layoff period. 235. EMPLOYEE CLASSIFICATION 235A. Regular Full-time Employees - Employees who work a minimum of thirty-two (32) hours per normal work week and are not designated as probationary or temporary shall be defined as “regular full -time”. This classification will entitle employees to all rights and benefits on a pro -rated basis. Time served on a probationary status shall be considered as regular full -time, when the employee is so classified. 235B. Probationary Employee - Probationary employees are newly hired employees and shall be considered on a “probationary” status for a period of six (6) months following their initial date of employment. Upon completion of not mo re than six (6) months of satisfactory performance such employees shall be classified as regular full-time. A probationary employee shall be subject to layoff, discipline, or discharge at the sole discretion of the City. After an employee has satisfactorily completed the probationary period, seniority will be established as of his/her employment date. 235B.1 The probationary period is established for the purpose of evaluating the performance of and manner in which each new employee adjusts to 12 his/her work. If an employee is granted leave during their probationary period and said leave exceeds one week, then employee’s probationary period shall be extended by an amount at least equal to the term of their leave. If, for any reason, the employee is found t o be unsatisfactory in his/her performance or attendance during the probationary period, the employee may be terminated. The “Probationary Employee Progress Report” form shall be completed two weeks before the probationary period ends in order to document the reason(s) for termination. Managers will utilize the Probationary Employee Progress Report to review each new employee’s performance and progress. The employee’s work performance, attitude, attendance, ability to follow instructions, and other factors which cause him/her to be successful on the job must be carefully reviewed before the employee is classified as a regular full- time employee. A probationary employee’s performance can be reviewed as often as necessary during the probationary period. The City Manager reserves the right to extend the probationary period of an employee up to a maximum of six (6) additional months. 235C. Acting - When a vacancy occurs in a position which cannot be left vacant for the length of time anticipated, when no su itable list of approved candidates exists for its filling, or for some other reason it is not feasible to make a permanent appointment thereto, the Department Head may appoint an employee to an “acting” capacity. The duration of such acting appointment sh all be only until a permanent appointment can reasonably be made. The employee shall receive the wages of the vacant position. 246. SEPARATIONS 26A. General It is the policy of the City of Brookings to process all separations of personnel according to a standardized procedure for the following purposes: 1. to receive suggestions that terminating employees may have for improving employment conditions; 2. to reclaim City property such as keys and clothing; 3. to review the necessary forms that need to be completed such as insurance and retirement. 26B. Separations 26B.1 Resignations - An employee desiring to terminate his/her employment is required to submit a written notice at least two (2) weeks prior to 13 his/her last day of work. Resignations are treated as a voluntary action by the employee. 246AB.2 Layoffs - In the event a cutback becomes necessary, City Manager will first determine what positions should be eliminated, and will notify the affected employees/union in writing. 246AB.13 A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks notice of separation or shall be paid for the two (2) weeks following the notice of layoff. 257. PROMOTIONS OR TRANSFERS 257A. An employee may request a transfer from a position or Department to another position or Department within the bargaining unit. Such a request need not be in the nature of a promotion. Requests for transfer must first be made to an employee’s immediate supervisor and to the Department H ead. 257B. Permanent promotions/transfers from a position or Department to a new regular full-time position in the same or different Department shall require the transferred or promoted employee to serve a new probationary period not to exceed 90 days. A performance appraisal will be conducted prior to the end of 130 days in the new position. During the tenhirty (130) day trial period, the employee shall have the opportunity to revert to his previous position. If the employee is unsatisfactory in the new position (in the opinion of the Employer), notice and reasons will be submitted to him in writing by the Employer with a copy to the Union. The matter may then become a proper subject for the grievance procedure. If the employer is unable to fill a vacancy by promoting, it may hire from outside the unit or a new employee. Benefits/seniority accumulated by the person transferring shall be retained by that individual. 257B.1 A transferred or promoted employee who is placed on a salary grade at step “A”, whether an increase or decrease, will be eligible for a salary increase to step “B” upon completion of the probationary period as signified by a satisfactory, or better, rating on an employee evaluation. Employee will be eligible for an increase to the next highest step upon completion of an additional six months and will then be eligible on an annual basis for a step in grade increase through step “F”. A transferred employee who is placed on a salary grade at step “B”, whether an increase or decrease, will be eligible for a step in grade increase upon completion of a probationary period and will then be eligible for step in grade increases on an annual basis. A transferred 14 employee placed above step “B” in grade will only be eligible for step in g rade increases on an annual basis. 257C. Inter-departmental transfers of employees for a short duration for City convenience may be made at any time at the discretion of the City Manager, providing the employee is informed of the need and expected durat ion of the transfer and it does not affect pay. 257D. Inter-departmental transfers of employees shall be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 257E. Whenever possible, new and vacant positions will be filled from within the City by promoting qualified employees in accordance with the following: 27E.1 Employees of a Department in which a vacancy occurs will be given priority over employees from another Department for promotion to a position in that Department; 257E.12 Promotions/transfers shall be made on the basis of seniority, skills, ability, qualifications, and job performance. If skills, ability, qualifications, and job performance, are relatively equal, then seniority shall be the determining factor. 257E.23 In accordance with this article, promotions must be approved by the City Manager. 257F. All regular full-time job vacancies shall be posted on City bulletin boards. The City shall promote or transfer present employees to such vacancy provided t he employee meets the above criteria. Any employee denied a promotion under this Article shall be given the reasons for such denial in writing and may be appealed under the grievance procedure. 28. APPRENTICESHIP PROGRAM – Article deleted 1/1/02. 269. INTERIM PAY GRADE CHANGES During the term of the contract, any proposed changes within the bargaining unit that substantially affect an employeesemployee’s duties and responsibilities shall be submitted to the Union. The City and the Union shall determine if the additional duties and responsibilities warrant a pay grade change, and if so, establish the appropriate grade for the position. 2730. OUT OF CLASS PAY An employee that works in a higher pay classification for a period of two (2) consecutive weeks or longer shall receive the higher rate of pay for all time served in said higher pay classification job excluding the first week. While assigned to such duties, the employee 15 shall be paid the entry level rate for working in that classification or at a s tep that would allow for a rate increase above his/her current rate of pay. 2831. ORGANIZATION/ASSOCIATION MEMBERSHIP The City of Brookings encourages employees to belong to organizations or associations that will assist them in performing their work. 2932. OUTSIDE EMPLOYMENT/ACTIVITY 2932A. Holding a second job elsewhere is subject to critical appraisal only if it conflicts with the full performance of the employee and the interests of the City. The City Manager and Department Head should be informed of the outside employment. 2932B. Employees shall not engage in outside activities while on duty. City employees shall not participate in any activity or enterprise which is contrary to the Conflict of Interest ordinance adopted by the City Council or in consistent, incompatible, or in conflict with the duties and responsibilities of their position. The City Manager shall make the ultimate determination as to whether or not a specific activity is prohibited. 303. POLITICAL ACTIVITY 303A. Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted to points 3 03B.1, 303B.2, 303B.3 and 303B.4 as provided below. In all cases, activities must be in compliance with the Conflict of Interest ordinance as adopted by the City Council. Failure to comply with this provision may result in disciplinary action against the violator. 303B. Any officer or employee of the City of Brookings, whether elected or appointed, may seek any political office while employed by the City, provided: 303B.1 that said officer or employee may not seek any political office or actively campaign for any political office until after having submitted in writing to the City Manager, their intention to seek a political office; 303B.2 that said officer or employee never campaign in any manner whatsoever during hours of employment; 303B.3 that it is mandatory that said officer or employee take a leave of absence for no less than fourteen (14) days nor more than thirty (30) days prior to any election for position that would require the termination of said employee’s employment if he/she is successful in the election. Of that 16 leave time, the employee may take two (2) weeks of vacation leave. Any amount in excess of two weeks must be taken as leave without pay; and 303B.4 an employee of the City of Brookings may not campaign on behalf of any candidate for City Council. This does not preclude an employee from running for City Council as long as that employee adheres to Item 33B.3 above. 303C. Any employee elected to a position on the City of Brookings City Council will resign their position with the City prior to being sworn in on the Council. 314. PUBLIC RELATIONS All City employees are expected to maintain high standards of conduct and cooperation in their duties for the City. The City feels an employee accepts an additional responsibility to his/her community by accepting a position in municipal government, and urges our employees to act accordingly when off the job. 325. GIFTS AND GRATUITIES As is outlined in the Conflict of Interest ordinance adopted by the City Council, it is the policy of the City of Brookings that employees are prohibited from soliciting or accepting any rebate money, or costly entertainment, gift or gratuity (except memento and novelties of nominal value) from any person, company, firm, or corporation, in the hope or expectation of receiving a favor or better treatment than that accorded other persons. 336. PAY PERIOD 336A. All employees covered in this Agreement shall be paid in the same manner as all other city employees are paid, on a monthly pay period. 336B. The City is required to deduct the following items from an employee’s pay: 36C.1 Federal Withholding Income Tax - The amount deducted will depend on amount earned and the number of dependents claimed. 36C.2 Social Security (FICA) - This deduction is an amount fixed by law with a like amount contributed to the employee’s account by the employer. 336C.13 Retirement contributions 336C.24 Additional deductions may be made for the following: a. Insurance - life, health, dental, and vision b. Credit Union c. Annuities 17 d. Retirement (spouse option) contributions e. Union dues, application fees and assessments 37. F.I.C.A. (SOCIAL SECURITY) The City of Brookings is a participant in Federal Insurance Compensation System (Social Security). Participation in FICA is mandatory for all employees employed by the City. 348. TAX DEFERRED ANNUITIES The City of Brookings offers a payroll deduction Tax Deferred Annuity Program for all employees. This is an investor directed, professionally managed annuity. The entire cost is paid by the employee, but reduces the employee’s gross income for tax withholding purposes. This can be a retirement and tax saving program for employees. 3935. INSURANCE 359A. The City of Brookings offers insurance coverage to all regular full -time employees. Group health, dental, vision, accident, and life insurance is available for all qualified employees. Th e City of Brookings pays 75% of the total cost of group health for individual or family coverage for all employees ; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of t he group life insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 359B. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System (SDRS) retirement benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full-time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree gro up health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 18 359C. If any employee, including Fire and Police, is covered under the City health insurance plan either by spouse or dependent coverage, they would not be permitted to be covered by an individual policy also with the City. 39D. New employees desiring health, vision and life insurance coverage must enroll within thirty (30) days of the first day on which they are eligible for coverage to avoid incurring an additional waiting period prior to the application of coverage. The waiting period to enroll in dental insurance is 90 days from the date of hire. New employees not enrolling within thirty days after the employee is first eligible for coverage, or current employees not currently on the Health Insurance Plan (and in the absence of a qualifying event) will be considered late applicants. Late Applicants are required to make a wr itten request for late enrollment and will be subject to an 18 month waiting period. At the end of the 18 month waiting period, the late applicants will be eligible to join the plan with no pre-existing condition limitations. Employees who terminate thei r employment will terminate the group plan upon date of termination, and may transfer to an individual contract or may continue group coverage through COBRA. However, the total premium will be paid by the terminated employee. Arrangements must be made prior to employee’s last day of employment. 359DE. Employees on leave of absence without pay may make arrangements for continued coverage. 359EF. City employees also have the opportunity to secure individual policies for cancer and intensive care insurance at a group rate. The entire cost of this optional policy must be paid for by the employee. 3640. RETIREMENT The City of Brookings is a member of the South Dakota Retirement System. Participation is mandatory and will be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. Termination of employment will also be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. 41. SEXUAL HARASSMENT 41A. Sexual harassment is a grievable offense when it meets the following criteria: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: 41A.1 submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 19 41A.2 submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 41A.3 such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment. 41.B If an employee feels that he/she is being sexually harassed, he/she should make his/her feelings known to the offender. If the problem is not resolved, he/she is to report the harassing behavior to his/her supervisor. If that is not practical, the employee is encouraged to report the situation to his/her Department Head, the City Manager, or the Human Resources Director. 41C. If employees have questions about sexual harassment, they are encouraged to contact the Human Resources Director or the EAP. 3742. ALCOHOL AND DRUG ABUSE 42A. Purpose - This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of the municipality and employees. It is the policy of the municipality to maintain a safe, healthful and productive work environment for all employees. To that end, the municipality will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee’s ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the municipality’s reputation. All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination, or in not being hired. 42B. Policy - It is municipal policy that employees shall not report to work under the influence of alcohol or drugs, possess, while on duty or subject to being called, or utilize such substances while they are subject to municipal duty, sell or provide drugs or alcohol to any other employee or to any person while such employee is on duty or subject to being called, or have their ability to work impaired as a result of the use of alcohol or drugs. 42B.1 While use of medically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his/her supervisor, before beginning work, when taking medications or drugs which may interfere with the safe and effective performance of duties or operation of municipal equipment can result in discipline, up to and including termination. In the event there is a question regarding an employee’s ability to safely and effectively perform assigned duties while 20 using such medications or drugs, clearance from a qualified physician will be required. 42B.2 The municipality reserves the right to search, without employee consent, all areas and property in which the municipality maintains full control or joint control with the employee. Otherwise, the municipality may no tify the appropriate law enforcement agency that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the municipality. 42B.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until an authorized municipal representative or law enforcement representatives can transport the employee from the work site. An employee will submit to a por table breath test if the presence of alcohol is suspected. The employee will submit to a urine drug screen if the presence of drugs is suspected. 3742AB.4 The municipality is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped under federal law. An employee may be considered handicapped if that employee’s current use of alcohol or drugs does not prevent the individual from performing the duties of the job in question, or whose employment would not cause a direct threat to property or safety. 42C. Application This policy applies to all employees of and to all applicants for positions with the municipality. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee’s ability to effectively and safely perform the functions of the job. 42D. Employee Responsibilities An employee must: 42D.1 Not report to work or be subject to duty while his/her ability to perform job duties is impaired due to alcohol or drug use, on or off duty; 42D.2 Not possess or use, alcohol or drugs (illegal drugs and legal drugs without a prescription) during working hours or while subject to duty, on breaks, during meal periods or at anytime while on municipal property; 21 42D.3 Not directly or through a third party sell or provide drugs or alcohol to any person or to any other employee while either employee or both employees are on duty or subject to being called; 42D.4 Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of municipal equipment; 42E. Management Responsibilities and Guidelines Department heads and supervisors are responsible for consistent enforcement of this policy. 42E.1 Department heads and supervisors may prevent an employee from engaging in further work when a department head or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. “Reasonable suspicion” is a belief based on objective and articulate facts sufficient to lead a reasonable prudent supervisor to suspect that an employee is under the influence of dru gs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform his/her job safely is reduced. 42E.2 For example, any of the following, alone or in combination, may constitute reasonable suspicion: a. Slurred speech; b. Alcohol on breath: c. Inability to walk a straight line; d. An accident involving municipal property; e. Physical altercation; f. Verbal altercation; g. Behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority; h. Possession of alcohol or drugs; i. Information obtained from a reliable person with personal knowledge; 3742BE.3 Department Heads and supervisors shall not physically search employees. 42E.4 Department Heads and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the municipality. 22 3742CE.5 Department Heads and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription. 3843. EMPLOYEE ASSISTANCE PROGRAM 3843A. It is the policy of the City to help employees experiencing behavioral/medical problems which not only affect their personal lives but often result in poor job performance. The City recognizes alcohol/drug abuse and addiction and other medical behavioral problems as treatable illnesses. The City also recognizes that other mental conditions can be successfully treated. Alcohol and drug abuse, behavioral problems and other mental conditions are defined as a social/medical problem in which the employee’s job performance is directly impaired. The City’s Employee Assistance Program (EAP) is available to be used for the purpose of helping employees resolve personal problems that adversely affect their personal lives and job performance. 43B. Any employee who is experiencing personal or medical behavioral problems (i.e., alcoholism, drug abuse, marital, legal, financial, emotional, family, etc.) is encouraged to voluntarily seek confidential and professional counseling. The Employee Assistance Program services are available to all employees and their immediate family members. 43C. The Employee Assistance Program is designed to assist employees regardless of their job title or responsibilities in obtaining the correct professional help for their needs. Employees may take advantage of the program by contacting the EAP Counselor as described in the employee orientation sessions and in the EAP information pamphlet. An EAP counselor is available to assess the employee’s situation and advise the employee of available alternatives for help. Arrangements will be made for the employee to be seen by a professional who is specially trained in the problem area. 43D. When performance problems are not corrected with normal supervisory attention, an employee will be referred to the assessment and referral counselor to determine whether personal problems are causing unsatisfactory performance. The employee shall be required to cooperate with the prescribed remedial program. If performance problems are corrected, no further action will be taken. If performance problems persist, the empl oyee will be subject to normal corrective procedures. 3843BE. Confidentiality is one of the most important aspects of the program. If the employee contacts the EAP directly, no one in the Company will know about it, unless the employee tells them. Participation in the Employee Assistance Program will not jeopardize the employee’s job security nor will it affect future promotional opportunities. If an employee’s supervisor refers him/her, the EAP 23 counselor will let the supervisor know if the employee has kept the appointment, and whether he/she has agreed to accept the help that was offered. No information concerning the nature of the problem will be released without the employee’s written consent. With this policy, any employee who suspects that he/she has an alcohol, mental health or drug problem, even in its early stages, is encouraged to seek diagnosis and follow through with the prescribed treatment as necessary. 3843CF. There is no charge for the initial assessment. The City will incur such expenses for treatment and/or hospitalization as provided under the group health insurance program. However, if costs are incurred for rehabilitation services that are not covered by insurance or other benefits, such costs will be the responsibility of the employee. 3944. SAFETY POLICY 44A. Safety Statement The City of Brookings will attempt to provide the safest possible working conditions for its employees. 44B. Policy Statement 44B.1 Safety will be given primary importance in planning and operating City activities in order to protect City of Brookings employees against occupational injuries and illnesses, and to protect the City against unnecessary financial burden and reduced efficiency. 44B.2 Each employee is responsible for the safety, well being, and safe work conduct of themselves and those that report to or are assigned to him/her. 44B.3 To carry out this policy, the City will: 44B.3.a Maintain safe and healthful working conditions. 44B.3.b Furnish, within reason, the best available mechanical safeguards and personal protective equipment, where in its judgment, they are needed. 44B.3.c Maintain an active and aggressive program to promote safety awareness. 24 44B.3.d Insist that all employees observe established safety regulations and practices and use the safety equipment provided. 44C. Purpose Employees of the City of Brookings are considered valuable assets; their safety is of vital concern. Recognizing its need and responsibility for the safety of its employees, the City considers accident prevention and safe and healthful working conditions integral parts of an efficient and well run organization. 44D. Membership of the Safety Committee 44D.1 Membership of the Safety Committee will be composed of one representative from each of the following departments with equal representation of management and union employees: Community Development, Engineering/Airport, Finance, Fire, Human Resources, Library, Liquor Store, City Clerk, Park/Recreation/Forestry, Police, Solid Waste, and Street. 44D.2 The Human Resources representative shall be the only permanent representative and shall be chairperson of the Safety Committee. 44D.3 All other members will serve three year terms with a staggered rotation schedule to provide continuity. 44D.4 Each year the chairperson will submit a list of proposed candidates to fill vacated Committee seats to the City Manager for appointment. If a department does not submit a proposed candidate from their department to serve on the Safety Committee, that department will not be represented on the committee. 44E. Duties of the Safety Committee 44E.1 The Safety Committee will review the South Dakota First Report of Injury Reports and Minor Injury reports submitted to the Human Resources Officer during the preceding month. 44E.2 The Safety Committee shall bring to a department management’s attention the need for corrective action of any safety and housekeeping problems the Safety Committee deems necessary. It shall be management’s responsibility to review and/or investigate the recommendation made and respond to the Safety Committee in writing of the disposition of the recommendation. If the Safety Committee is not satisfied with the response of management or has not received a 25 timely response, the issue can be referred to the City Manager for a final decision on the matter. 44E.3 The Safety Committee will investigate complaints of violations of Brookings City safety procedures and take appropriate action to remedy them. 3944AF. Seat Belts The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or equipment with seat belts and/or harness. 405. STORM POLICY 405A. Prior to the occurrence of inclement weather, the City Manager and Department Heads will identify those positions and employees that are essential to carry on the City operations and who must be present at work during a storm. Those employees will be required to report for work via their own means of transportation or City provided transportation. 405B. Employees who are not identified as being essential to carry on operations shall have the option of “working or not working”. Those that work must utilize their own means of transportation. 405C. Employees who choose not to work or are unable to work their regular scheduled shift due to inclement weather will have to utilize vacation leave or leave of absence without pay. Employees whose absence is four hours or less will have the option of making up the time not worked. 405D. Due to work load or such other conditions as may warrant, the City Manager or Department Heads may identify additional employees who were not initially identified as an essential employee. Department Heads may use discretion in calling in additional employees and such employees will be provided transportation and will be compensated at their regular rate of pay. 405E. Interdepartmental transfers of employees may be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 406. HOLIDAYS 406A. It is the policy of the City of Brookings to afford all regular full -time employees ten (10) paid holidays each year. The City recognizes the following holidays: New Year’s Day Martin Luther King, Jr. Day Presidents’ Day Memorial Day 26 Independence Day Labor Day Native Americans’ Day Veterans’ Day Thanksgiving Day Christmas Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. All allowed holiday pay shall be defined as eight (8) hours of compensation to be used based on employees regular rate of pay and cannot be used in less than 8 hour increments. 406B. If the designated holiday falls on a Saturday, the preceding Friday is observed, and if the designated holiday falls on Sunday, the following Monday is observed (except for shift workers). 406C. Employees scheduled to work on any one of the 10 above listed holidays will be paid time and one-half for the number of hours actually worked as well as 8 hours of Holiday Pay to cover the payment of the above benefit. 406D. If an employee is on a scheduled day off when a holiday is obser ved, the employee will be given an alternate day off in honor of the specific h oliday within 180 days from the date of the holiday. Payment for the 8 hours of holiday pay will be given at that time. 406E. An employee on vacation during a holiday will receive holiday pay and will not be charged for that day as vacation. 406F. An employee who is on paid leave of absence will be eligible for holiday pay for a designated holiday observed during the leave of absence. 406G. An employee who is on unpaid leave of absence will not be eligible for holiday pay for a designated holiday observed during the leave of absence. 406H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, the employee must work their last full scheduled shift preceding the holiday and their first full scheduled shift after the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for date(s) absent. 27 406I. Employees who are scheduled to work on their normal day off due to a holiday, without a seven (7) calendar day written notice of a schedule change, will be given an additional eight (8) hours off with pay to be used within 180 days of the day on which it was earned and to be scheduled with the approval from the employee’s department head. 406J. Holiday pay shall not be used in the computation of overtime. 417. VACATION LEAVE 417A. It is the policy of the City of Brookings to grant vacations with pay to provide regular full-time employees with periods of rest and recreation in recognition of services performed. Vacation leave for eligible employees for each vacation year is based upon length of service. 417B. Employees will accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 years of service - 10.00 hours per month After ten but less than 20 years of service - 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said vacation leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of vacation leave in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 417C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the discretion of the Department Head. Employees may accumulate up to two hundred eighty (280) hours (35 days) of vacation. Cash payments in place of vacation privileges are not permitted unless the employee is discontinuing employment. 417D. The accrual date for vacation is the employee’s hire date. 417E. Employees may use accrued vacation during their probationary period, however, the employee may not use more hours than in vacation accrual balance. If employee leaves employment prior to the end of the introductory period, any vacation used during this period must be repaid to the City of Brookings. 28 417F. Employees granted unpaid leave of absence in excess of one -half month will not accrue any leave for that month. 417G. Employees will not receive additional vacation time off due to illness of disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 417H. Requests for vacation leave must be approved by the employee’s Department Head prior to the time of departure and vacation will be paid at th e employee’s regular hourly rate. Leave requests will normally be granted at the time requested by the employee, unless operational necessity requires full staff. 417I. Employees who are laid off or discharged, who resign or retire after giving two week’s notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro -rata basis according to the time worked during the current vacation year. 417J. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous or not recommended by local authorities. This leave will be granted with the approval of the Department Head. 417K. Vacation will be granted on a first come - first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 417L. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Department Head directly for such determination. 428. SICK LEAVE 428A. Sick leave is leave with pay granted to regular full -time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 428B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to 260 days (2,080 hours) of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. 428C. After ten (10) years of service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) 29 of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. 428D. Requests for sick leave must be approved by the Department Head prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify his/her supervisor of his/her recovery. 428E. Sick leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said sick leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of sick leave in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 428F. Accrued sick leave may be used during the employee’s probationary period. 428G. Sick leave shall be paid at the employee’s regular hourly rate, and employees may use sick leave in no less than one-fourth (1/4) hour increments. 428H. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 428I. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 428J. The accrual date for sick leave is the last working day of the month. 428K. Sick leave shall be granted to employees: 428K.1 when they are incapacitated for the performance of their duti es due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 428K.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appoint ment, except in cases of emergency; 30 428K.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and /or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, and dependent(s) residing in the employee’s home to include step - relatives in the same categories. After three consecutive sick days, the employee’s department head and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 428K.4 when, through exposure to a contagious disease, the presence of the employee at his/her post of duty would jeopardize the health of oth ers, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 428K.5 for up to five (5) working days of paid sick leave for the adoption of a child and for the father employee of newborn child(ren) to assist with care and/or delivery. If employee is eligible for the provisions of the Family and Medical Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual, however, must be used to cover additional FMLA leave period. 439. SPECIAL LEAVE Leave with Pay The Department Head will grant a leave of absence with pay to regular full -time employees for the following reasons and with these restrictions applied: 439A. Funeral The City will permit any regular full-time employee to be absent from work without loss of pay, based on his/her regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral for a member of the immediate family or a relative. Pay shall be granted ten (10) hours for employees on ten (10) hour shifts and eight (8) hours for employees on eight (8) hour shifts, maximum forty (40) hour week plus authorized overtime. Additional time beyond the three days may be charged to vacation or sick leave at the discretion of the Department Head. Immediate family for bereavement leave includes: spouse, parents, children, siblings, grandparents, grandchildren, spouse’s parents, son-in-law, daughter-in-law, brother-in-law or sister-in-law. The bereavement benefit will also be granted for step-relatives in these same 31 categories. In the event of a funeral of a family member not included within the relative or immediate family definition or a close friend, an employee may take a reasonable amount of time off with pay to be charged as vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. 439B. Voting Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent him/her from voting before or after regular working hours. 439C. Jury or Court If any employee is called for jury duty, he/she shall continue to be paid at his/her regular rate. Upon returning to work, he/she shall reimburse the City for the amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 439D. Firefighters and Honor Guard If any employee is called to a fire as a volunteer firefighter or required to serve as Honor Guard in the immediate Brookings area, he/she shall continue to be paid at his/her regular rate. 4450. MILITARY LEAVE 4450A. Regular full-time employees serving in the Military Reserve, S.D. Army National Guard, Air National Guard, or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City. If such service exceeds two (2) weeks, the City will not supplement the pay; however, there will b e no loss of seniority, and employees may utilize vacation leave. In the event of a mandatory call up for a national or state emergency, differential pay will be paid for four (4) weeks. In the event an employee volunteers or it is deemed mandatory for t emporary duty (TDY), differential pay will be compensated for up to five (5) working days. The above periods of times considered for differential pay will be per calendar year. Differential pay shall include quarters allowance, in addition to base pay. 4450B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 50C. All applications for military leave must be approved by the Department Head and City Manager. The request must be accompanied by a signed copy of the military orders. 32 50D. Employees having attained seniority with the City, who are compelled by Federal and/or State Law to serve in military forces during a period of war or emergency shall: 50D.1 Continue to accumulate seniority with the Cit y during his/her absence. 50D.2 Give the City written notice within ninety (90) days after he/she is eligible for discharge from the service of his/her desire to return to work. The date he/she desires to return to work shall be contained in such written notice and shall not be later than ninety (90) days after he/she is eligible for discharge. 50D.3 After provisions in the above section 2 have been carried out, the employee shall return to work provided he/she is physically qualified to do so and the regular rules of seniority shall prevail. 4551. MEDICAL LEAVE OF ABSENCE 51A. City of Brookings employees must complete medical leave of absence paperwork for all medical related time away from work which exceeds or is expected to exceed 7 (seven) calendar days. Employees with sick leave accrual in his/her balance may use sick leave for absences with a doctor’s certification of the inability to work. Employees anticipating the need for a medical leave of absence will be allowed to work until a doctor’s s tatement is received indicating that the employee has restrictions for which the employer is unable to accommodate. If the City is unable to accommodate restrictions and/or the employee is unable to perform the essential functions of his/her position, the employee may be involuntarily placed on sick leave as a reasonable accommodation. 4551AB. The City of Brookings and the Union agree to comply with guidelines set forth in the Family Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the law. 51C. Employees who have not accumulated a sufficient amount of sick leave to use during the medical leave of absence will have to utilize vacation leave. Upon exhaustion of vacation leave, a leave of absence without pay m ay be requested. The employee shall be allowed to take a medical leave of absence with pay until his/her sick leave is exhausted as long as the employee has a physician’s certification stipulating the inability to perform job duties. 4551BD. A leave of absence for the birth of a child shall be treated as any other illness or temporary disability. 33 4652. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Department Head, with the approval of the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period of two (2) months for each month of educational leave taken. An employee requesting to attend college classes which may interfere with the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 4753. INJURY LEAVE An employee injured while on the job must promptly notify his/her Department Head or supervisor. All medical and hospital expense shall be paid for in accordance with Worker’s Compensation and the City policy. The City policy in injury leave shall be to compensate the employee up to a maximum of 960 hours per injury, for those injuries which qualify for Workers Compensation lost time benefits, at the rate of pay he/she was making at the time of accident, less the amount he/she receives from Worker’s Compensation. Injury leave availability shall include return of leave for any other leave taken during the initial seven consecutive day waiting period. After the 960 hours per accident, the employee may elect to use accumulated sick leave and/or vacation credits to continue receiving his/her full pay. Should the employee not elect such action or should he/she exhaust all accumulated credits, he/she may apply for disability under provisions of the Worker’s Compensation Act or the Retirement Fund. Once th e employee is no longer receiving full compensation from the City, he/she will be eligible to receive compensation payable under the Worker’s Compensation Act in addition to eligible retirement benefits. All vacation, sick leave and holiday leave earned w hile on injury shall accrue at the employee’s regular rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s Compensation and/or results in lost time of less than seven consecutive days, the employee will be requir ed to utilize sick, vacation, or leave without pay for those days which they are absent from work. Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor appointments, etc. once seven day loss time requirement has been met. 34 4854. LEAVE WITHOUT PAY 4854A. Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the approval of their Department Head, Human Resources Director and City Manager and providing all vacation leave and/or sick leave has been exhausted. 54B. Leave without pay must be requested in writing stating the circumstances in full as to why such leave is requested. This request must be submitted to the employee’s immediate supervisor prior to the leave. 54C. The request will be considered on the basis of the present work load or anticipated work load, and the circumstances of the request. 54D. A leave of absence without pay will not be granted to seek other employment. Leave of absence without pay is a benefit offered to employees who have exhausted their vacation and/or sick leave. Employees on a leave of absence for less than sixty (60) calendar days will continue to accrue seniority, and their job may be held for them. Employees on a leave of absence in excess of one-half month will not accrue any leave for that month and must pay for the entire cost of insurance if they wish to continue coverage. No other b enefits will be provided by the City during a leave of absence without pay. An employee’s anniversary date will not be affected unless the leave of absence is in excess of sixty (60) calendar days; then the anniversary date will be changed according to the number of days the employee is absent from work without pay. 54E. Any other leave of absence that is not covered in this contract shall be determined on an individual basis by the City Manager. 4955. ABSENTEEISM 4955A. Employment is a matter of mutual agreement. In return for offering a reasonably reliable income, the City is entitled to reasonably reliable performance. The City has the right to expect that employees will be present, ready to work, when and where they are assigned. 4955B. Employees who are absent from work shall be responsible for notifying their supervisor when they are absent and when they will report back to work. Disciplinary action shall be taken if employees fail to comply with City rules. 4955C. Absence of any City employee that is not authorized shall be without pay. Any employee who absents himself/herself for three (3) consecutive days without leave shall be deemed to have resigned. 35 4955D. Departure from assigned work schedules must be requested and approved in advance by the employee’s immediate supervisor. 506. TRAVEL The City of Brookings encourages management and non-management staff to attend and participate in professional meetings, training seminars, and educational courses. 56A. Authority - The Department Head must approve all same day travel in the State of South Dakota. The Department Head and City Manager must approve all overnight travel and travel outside the State of South Dakota. It is the responsibility of the Department Head to request travel as far i n advance as possible. 56 A. Employees who attend training outside of the department will be compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Department Head, based upon FLSA guidelines. 56B. Travel Route - The most direct route shall be traveled, and costs thereof shall be reimbursed to the employee for pre-approved travel as provided by the City travel policy. Any additional travel for personal convenience while e nroute which interrupts the direct travel route shall be at the expense of the individual. If extra time is involved in addition to normal travel time, vacation leave must be utilized. 506BC. Travel Expenses - Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by the City travel policy. Mileage will be paid in accordance with current City schedules. In no instance will the City travel rates be less than the South Dakota State rates. 56D. Travel Advance - The City of Brookings employees may request and may be advanced money for reimbursement of personal expenses incurred in official City business travel prior to their departure. 56D.1 Employees must show that special circumstances such as the duration of the trip, the amount expected to be spent, etc., exists, and would pose a hardship to him/her. Approval from the City Manager must be received before an advance payment can be made. 56E. Administrative Procedure - All claims for reimbursement shall be submitted on the authorized travel form after completion of travel. Receipts for lodging, incidentals, modes of travel, registration fees, etc., must be attached to the travel form. 56E.1 Reimbursement for travel by use of a private vehicle must be accompanied by the miles claimed. 56E.2 Travel claims must be filed within thirty (30) days for reimbursement. 36 517. VOLUNTEER FIRE DEPARTMENT TRAINING Regular full-time employees who are members of the Brookings Volunteer Fire Department may attend Fire Training Programs or schools if approved by the Department Head. Employees’ vacation time shall be used for these training programs or schools. Expenses and per diem allowances shall be paid by the Brookings Fire Department as provided in the Volunteer Fire Department Training Policy. In a fire emergency, regular full-time employees who are members of the Brookings Volunteer Fire Department may request up to 15 work days off without pay per calendar year to assist other areas if appropriate documentation is pres ented to substantiate the need for the leave. Such time off would not affect the accrual of benefits for the month. 528. LICENSES AND CERTIFICATES 528A. The City of Brookings has established several positions which require a license or certificate as a minimum qualification. As a benefit to employees, the City will reimburse the employee for expenses and fees required to obtain a license or certificate. The City, however, will only reimburse costs for the first three (3) attempts at securing a license or certificate. 528B. City employees who attend license or certificate training sessions in excess of four (4) weeks in duration shall be required to sign a statement prior to attending the training, guaranteeing the City an additional two (2) years of service. Employees who fail to return a total of two (2) years of service shall reimburse the City a prorated share of the total cost. Cost of the training shall include transportation, room and board, and the cost of the training session. 539. EDUCATIONAL MATERIAL The City of Brookings is interested in keeping employees up-to-date on the latest technical advances. Therefore, educational material that is available and will assist City employees in performing their job duties may be purchased by the City . 5460. BREAK TIME 5460A. The lunch period is one (1) hour in length during an eight (8) hour working day, unless mutually agreed otherwise. The lunch period should be taken sometime midway through the employee’s work shift. The department manager and/or supervisor retains the right to schedule employee’s lunch and rest periods to fulfill the operational needs of the various work units. 5460B. Rest breaks will be granted twice daily during 8 and 10 hour work shifts and three times daily for 12 hour work shifts at the Ice Arena for twenty (20) minutes each. Rest periods may not be accumulated for time off or used to leave work early. 37 5561. MISCELLANEOUS 5561A. Employees may maintain residence outside the city limits. 5561B. Employees may request time off without pay. 5561C. Physical Fitness It shall be the responsibility of each employee to maintain the standards of physical fitness and condition required to perform his/her job. Whenever a Department Head suspects the physical condition of an employee is endangering his/her own health or the safety of his/her fellow workers, he/she may request the employee to submit to a medical examination by his/her physician without expense to the employee for the purpose of determining whether the physical condition of the employee may affect job performance of the employee or the safety of his/her fellow workers. 5561C.1. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00, at a locally accredited wellness/fitness center. To be eligible for reimbursement, the employee must present proof of attendance of an average of two (2) times per week or eight (8) times per month during that month which is to be reimbursed. The City will not participate in any way in initiation fees. 5561D. Degree of Illness or Injury Employees shall be responsible for reporting to their Department Head or Supervisor any diagnosed illness or injury that may affect their job performance or the safety of his/her fellow workers. 5561E. Prescription Safety Eyeglasses Effective January 1, 2013, for those employees who wear prescription eyewear who perform jobs, duties, or tasks requiring eye protection, a program has been established in which those employees may request through their supervisor prescription safety glasses. The prescription safety glasses system shall meet the ANSI Z87 standards which include permanently mounted side shields. Employees may make their choice of frames from frames which meet this ANSI standard. The maximum allowable charges that the City will be responsible for in the purchase of this prescription safety eyewear are as follows: Single vision lens & frames: Maximum $135.00 Bifocal lens & frames: Maximum $155.00 Trifocal lens & frames: Maximum $165.00 Progressive or other special need lens & frames: Maximum $245.00 38 The City will assume only the cost of the glasses. Any testing or eye examinations associated with the glasses will be at the expense of the employee. Employees are eligible for a replacement set of prescription safety glasses once every 12 months, but only in circumstances in which a change is needed due to a prescription change. 5662. UNIFORMS AND EQUIPMENT 5662A. In positions requiring additional gear, it shall be provided for employees by the City. Employees are responsible to turn in worn -out clothing or defective equipment to their supervisor prior to being issued new replacements. 5662B. For positions which have been predetermined by the Safety/Wellness Committee to require safety boots/shoes, effective January 1, 2016, an allowance of $100.00 per calendar year will be provided to the employee for the purchase of safety boots/shoes. The $100.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the employee purchases the boots needed for his/her job, it will be the responsibility of the employee to furnish a copy of the actual receipt to his/her department director. The receipt will be used to track the actual amount of money used each year by employees for safety boots/shoes. 5662C. Uniforms and equipment is a proper topic for committee for union management cooperation. 5763. STANDBY TIME 5763A. When any employee is designated to be on call or standby for a period of one (1) week, he shall receive, in addition to his regular salary, twenty dollars ($20.00) per day effective January 1, 2011, plus time and one half for any hours worked, while working standby. Employees scheduled to be on standby Saturday, Sunday or any scheduled holiday, shall receive twenty-five dollars ($25.00) for Saturday, Sunday, or any scheduled holiday effective January 1, 2011. He/she shall not be scheduled more often than once each month on a rotation basis, unless the employees work under another arrangement, acceptable to the department head and City Manager. If a standby service should fall on a regularly authorized holiday, the employee shall receive salary for that day in addition to the standby pay for that period. 5763B. Employees on Standby are expected to be available for duty at any time in the same condition as would normally be expected of an employee for the performance of their duties. Individuals must be constantly available for contact by phone or by pager (with pager to be provided by the City) and are expected 39 to report for duty within thirty (30) minutes barring unforeseen circumstances not within their control. 5763C. When an employee is required to act as supervisor in charge of t he Street Department due to the absence of the Street Superintendent, that individual will be compensated, in addition to his regular salary, a daily rate of thirty-five dollars ($35.00) per day on weekdays (Monday through Friday) effective January 1, 2011 and fifty dollars ($50.00) for weekends (Saturday and Sunday), and city recognized holidays effective January 1, 2011. 5864. SHIFT DIFFERENTIAL 5864A. Full-time employees working between 6:00 P.M. and 7:00 A.M. shall be paid an additional eighty sixty cents ($.860) for time worked between those hours. 5864B. Full-time employees working from 6:00 PM Friday until 7:00 A.M. on Monday and all hours worked during a city recognized holiday shall also receive the additional eighty sixty cents ($0.860) per hour shift differential. 5965. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours of work or two (2) hours pay in lieu of work. This minimum shall not apply to work performed immediately before or immediately after an employee’s regular work shift. 606. HAZARDOUS PAY When an employee of the Forestry Department is trimming trees requiring the use of aerial bucket and/or ropes, the removal of trees, or around overhead electrical distribution lines, or while operating a wood chipper or stump cutter; or an employee is required to work on the ground near the front end loader grappling forks; or an employee is required to work with the asphalt recycling unit, steamer, or the oilers in the Street Department, that employee shall, in addition to his regular pay, receive hazardous pay for all times spent in said hazardous duty of Two Dollars and Seventy - Five Cents ($2.75) per hour. Employees will also receive this hazardous pay during handling and/or clean-up of chemicals effective January 1, 2013; as well as paint striper operator, and loader operator with grapple hooks during spring clean -up, effective January 1, 2016. 617. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-half (1 1/2) or designate comp time upon approval of Department Head in lieu of pay at the rate of time and one -half (1 1/2) for each hour of overtime. The 40 maximum allowable carryover from one calendar year to the next is forty (40) hours. Use of comp time must be approved by the Department Head and may not result in overtime needing to be paid to cover a shift. 628. LONGEVITY 628A. Regular full-time employees shall be eligible for longevity pay based upon length of full-time continuous service with the City of Brookings. Length of service shall be the full number of years of service as of the hire date of the employee’s employment. Years of service must be continuous years of service. 628B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that their anniversary of continuous employment falls. 628C. The amount of longevity pay shall be at the rate of $6.00 per month per year with a cap of 30 years after completing five (5) years of continuous full -time employment. EXAMPLES: 5 years of employment $30.00 per month 8 years of employment $48.00 per month 10 years of employment $60.00 per month 639. WAGES (See Appendix A - attached) 639A. Commencing January 1, 20196, there shall be a 2.75% increase to the City of Brookings Pay Plan. 69B. Commencing January 1, 2017, there shall be a 2.5% increase to the City of Brookings Pay Plan. 639B.C. Wage A full contract reopener will occur on an annual basis commencing prior to the City of Brookings budgeting process.for wages commencing January 1, 2018. 6470. DEFINITIONS As used in this document, the following words and terms, unless the context clearly requires otherwise, shall have the meaning as indicated. 41 6470A. Grade or Class of Positions - A group of positions sufficiently alike in duties, authority and responsibility to justify the same title, qualifications and schedule of pay to all positions in this group. 6470B. Compensation - All forms of valuable consideration, including salaries or wages earned by or paid to any employee by reason of service in a position with the City. 6470C. Demotion - An involuntary change in classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. (This definition shall not include down -grades.) 6470D. Voluntary Reclassification - The voluntary classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. 6470E. Relative - The employee’s grandparents, grandchildren, father-in-law, mother- in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, and members of the immediate family. Step relatives are also included in above classifications. 6470F. Immediate Family - The employee’s spouse, parents, spouse’s parents, son or daughter, brother, sister, step-parents, step-brother, step-sister, step-children and/or legal guardian or ward. 6470G. Discharge - The permanent involuntary separation of an employee from his/her position for cause. 6470H. Employee - A person legally occupying a position with the City or on authorized leave of absence from such service. Elected officials and members of appointed Boards and Commissions shall not be considered as employees, nor shall the provisions of this document be applicable. 6470I. Probationary Period - A working test period of six (6) months during which an employee is required to demonstrate his/her fitness for the duties to which he/she is appointed by actual performance of the duties of the position. 6470J. Promotion - A change in the position of an employee from one grade to a position in another grade having a higher maximum salary range. (This definition shall not include upgrades.) 42 6470K. Transfer - The change of an employee from one position to another position in the same grade or another grade having the same maximum salary range, involving the performance of similar duties and requiring substantially the same basic qualifications. 6470L. Hire Date - The hire date will be the date upon which an individual became a regular full-time employee. That date does not change with any chang es of duties. If an individual is re-employed, only the date of his/her current re- employment shall serve as the official date of employment for all personnel transactions, except for employees who have re-employment rights due to layoff. 6470M. Anniversary Date - The anniversary date is the date in which an individual becomes employed within a current job description. The anniversary date would not change unless there was a promotion or transfer during their employment. If a promotion was received within the same department, their anniversary date would change to the date in which the promotion was effective. The anniversary date would also change if they transferred from a position within one department to a different position within another department. There would be no change in the anniversary date in a situation in which an employee’s job description is re-evaluated due to a change in duties, etc. Under that circumstance, the anniversary date would remain at the date in which the employee entered his/her position. 6470N. Reclassification - The change in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of existing assignments which causes a change in the class title of the position. 6470O. Department Heads - Those persons appointed by the City Manager to manage and administer the work and personnel of their respective departments. They shall consist of the City Clerk, Community Development Director, Human Resources Director, Finance Manager, City Engineer, Liquor Store Manager, Street Superintendent, Director of Solid Waste Management, Fire Chief, Parks , Recreation and Forestry Director, and Chief of Police. Also acting as Department Head is the City Librarian, who is appointed by the Library board. 6571. DURATION 6571A. This Agreement shall be in full force and effect from January 1, 20196, up to and including December 31, 20198, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless Formatted: Indent: Left: 0", First line: 0" 43 written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 20198. 6571B. When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the current contract year, advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 _____________________________ __________________________________ City Manager Principle Officer/President ______________________________ __________________________________ Date Business Agent (James Heeren) __________________________________ Date 44 APPENDIX A OFFICIAL SALARY SCHEDULE FOR THE YEAR 2016-2018 Explanation of Schedule There are six (6) steps for each non-Department Head position in the Salary Schedule. These rates shall be the minimum and maximum rate for the position. New employees will normally be hired at Step “A” in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of six (6) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate his/her ability to perform his/her duties. If employee does not satisfactorily demonstrate his/her ability to perform his/her duties by the end of the probationary period, the employee may be terminated or probationary period extended up to an additional six (6) months with a determination of pay increase held until the expiration of that extension. In accordance to this agreement and upon completion of the probationary period, the probationary employee may be reclassified to regular full-time and advance to the next higher step in grade based upon successful job performance. After completing an additional six (6) months, the employee may advance to the next higher step in grade based on satisfactory job performance and successful completion of each additional year of employment through step “F”. Occupational List of Class Titles Management Supervisory Series This series consists of those positions having a combination of assigned management tasks and the responsibility of supervising full-time personnel. Title Grade Sanitation Collector Supervisor 8 Forestry Supervisor-Arborist 8 Park Supervisor 8 Landfill Supervisor 9 Street Operations Supervisor 9 Professional Series The positions in this series are distinguished by special requirements of education or training. They may be assigned management tasks and typically have a high degree of public contact. Title Grade Code Enforcement Officer 8 Engineering & Building Services Technician 9 Maintenance and Equipment Operator Series Positions allocated to this series have classifications and duties involving the maintenance of public streets, parks and require the operation and/or repair of specialized equipment. The series also includes Apprenticeship positions. Title Grade General Laborer 3 Sanitation Collector 6 Solid Waster Worker 6 45 Airport Operations/Maintenance Technician 6 Park Technician 6 Forestry Technician 6 Street Maintenance Technician 6 Equipment Operator 6 Building Trades Technician 6 Advanced Equipment Operator 7 Building Trades Specialist 8 Shop Supervisor & Mechanic 8 Traffic Control Supervisor 8 Heavy Equipment Operator-Street 8 Heavy Equipment Operator-Landfill 8 Clerical Series This series consists of positions which involve office and clerical work with experience in typing, basic bookkeeping and record maintenance. Employees occupying these classifications generally assist the public either directly or over the phone and operate standard office equipment. Title Grade Municipal Liquor Store Clerk 3 Receptionist/Office Clerk 3 Office Manager – Engineering/Community Development 7 Office Manager – Landfill 7 Office Manager – Streets 7 Office Manager – Park, Rec & Forestry 7 Position Allocation and Classification Plan Job Descriptions have been prepared and are on file with the Human Resources Director for each of the above titles. Every full-time employee is classified by these Job Descriptions. Movement from one classification to another requires the approval of the City Manager and must be consistent with the provisions to this agreement. Library The Brookings Library Board has the authority to appoint and employ all Library personnel. The class codes, class titles and job descriptions are uniform with the City Occupational Classifications and pay grades. Title Grade Circulation Assistant II-Technical Services Assistant 4 Interlibrary Loan Services Coordinator 4 Administrative Assistant/Library 5 Community Services Coordinator 5 Circulation Manager 6 Children’s Service Coordinator 9 Young Adult Services Coordinator 9 Adult Services Librarian 11 Technology Services Librarian 11 City of Brookings Labor Contract 2019 INDEX Article Title Page Article 51 ....................Absenteeism ................................................................................. 25 Article 37 ....................Alcohol and Drug Abuse ............................................................... 16 ....................................Appendix A………………………………………………………………………………..33 Article 19 ....................Authority to Employ Personnel ...................................................... 7 Article 8 ......................Bonds .............................................................................................. 4 Article 56 ....................Break Time .................................................................................... 26 Article 11 ....................Bulletin Boards ................................................................................ 4 Article 12 ....................Business Agents .............................................................................. 4 Article 61 ....................Call-In ............................................................................................ 29 Article 7 ......................Check Off ......................................................................................... 3 Article 17 ....................Citizen’s Complaint ......................................................................... 7 Article 6 ......................Committee for Union - Management Co-Operation ...................... 2 Article 63 ....................Compensation Time ...................................................................... 29 Article 66 ....................Definitions ..................................................................................... 30 Article 16 ....................Discharge or Suspension ................................................................. 6 Article 67 ....................Duration ........................................................................................ 32 Article 55 ....................Educational Material .................................................................... 26 Article 38 ....................Employee Assistance Program ...................................................... 16 Article 23 ....................Employee Classification ................................................................ 10 Article 5 ......................Equal Employment Opportunity ..................................................... 2 Article 32 ....................Gifts and Gratuities ....................................................................... 14 Article 14 ....................Grievance Procedure ...................................................................... 5 Article 62 ....................Hazardous Pay ............................................................................... 29 Article 41 ....................Holidays ......................................................................................... 17 Article 49 ....................Injury Leave ................................................................................... 24 Article 35 ....................Insurance ....................................................................................... 14 Article 26 ....................Interim Pay Grade Changes .......................................................... 12 Article 50 ....................Leave Without Pay ........................................................................ 24 Article 9 ......................Liability Coverage ............................................................................ 4 Article 54 ....................Licenses and Certificates............................................................... 26 Article 64 ....................Longevity ....................................................................................... 29 Article 3 ......................Maintenance of Standards ............................................................. 1 Article 4 ......................Management Rights ........................................................................ 2 Article 46 ....................Medical Leave of Absence ............................................................ 23 Article 45 ....................Military Leave................................................................................ 23 Article 57 ....................Miscellaneous ............................................................................... 26 Article 28 ....................Organization/Association Membership ........................................ 12 Article 27 ....................Out-Of-Class Pay ........................................................................... 12 Article 29 ....................Outside Employment/Activity ...................................................... 13 Article 33 ....................Pay Period ..................................................................................... 14 Article 20 ....................Personnel Records and Reports...................................................... 8 Article 30 ....................Political Activity ............................................................................. 13 Article 47 ....................Professional Development and Educational Leave ...................... 24 Article 25 ....................Promotions or Transfers ............................................................... 11 Article 31 ....................Public Relations ............................................................................. 14 Article Title Page Article 1 ......................Recognition ..................................................................................... 1 Article 15 ....................Reprimand ....................................................................................... 6 Article 36 ....................Retirement .................................................................................... 15 Article 39 ....................Safety Policy .................................................................................. 17 Article 22 ....................Seniority ......................................................................................... .9 Article 2 ......................Separability and Saving Clause ....................................................... 1 Article 24 ....................Separations ................................................................................... 11 Article 60 ....................Shift Differential ............................................................................ 29 Article 43 ....................Sick Leave ...................................................................................... 20 Article 44 ....................Special Leave ................................................................................. 22 Article 59 ....................Standby Time ................................................................................ 28 Article 10 ....................Stewards ......................................................................................... 4 Article 40 ...................Storm Policy .................................................................................. 17 Article 34 ....................Tax Deferred Annuities ................................................................. 14 Article 52 ....................Travel............................................................................................. 25 Article 58 ....................Uniforms and Equipment ............................................................. 28 Article 13 ....................Union Business and Representatives ............................................. 5 Article 42 ....................Vacation Leave .............................................................................. 19 Article 53 ....................Volunteer Fire Department Training ............................................ 25 Article 65 ....................Wages ............................................................................................ 30 Article 18 ....................Work Rules ...................................................................................... 7 Article 21 ....................Work Week ..................................................................................... 8 1 CITY OF BROOKINGS LABOR CONTRACT 2019 THIS AGREEMENT made and entered into this 1 st day of January, 2019, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION The Employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: All regular full-time employees employed by the City of Brookings employed in the following departments, to-wit: Community Development, Engineering, Street, Parks, Recreation, Forestry, Library, Liquor and Solid Waste/Landfill, excluding all o ther city employees, department heads, supervisors and administrators as stipulated. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of the Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of the Agreement shall continue in force and effect. 3. MAINTENANCE OF STANDARDS 3A. The Employer agrees, subject to the following provisions, that all conditions of employment in his individual operation relating to wages, hours of work, overtime differentials and general working conditions shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved whenever specific provisions for improvement are made elsewhere in this Agreement. 3B. It is agreed that the provisions of this Article shall not apply to inadvertent or bona fide errors made by the Employer or the Union in applying the terms and conditions of this Agreement. Such bona fide errors may be corrected at any time. 3C. This provision does not give the Employer the right to impose or continue wages, hours or working conditions less than those contained in this Agreement. 2 4. MANAGEMENT RIGHTS The Union recognizes the prerogatives of the City Council and City Manager to operate and manage its affairs in all respects in accordance with its responsibility and powers of authority which the City has not officially abridged, delegated or modified by this Agreement, and such powers and authority are retained by the City. These management rights include, but are not limited to the following: 4A. To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train or retrain employees in positions with the City; to discipline/suspend, discharge or take other appropriate action against employees for just cause; 4B. To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 4C. To determine the objectives of the City and the methods and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); for purchase and utilization of equipment; and the utilization of seasonal and part time employees, as long as no full time employees are laid off; 4D. To provide reasonable standards and rules for employees; and 4E. To determine the method of fulfillment of the objectives of the City whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 5. EQUAL EMPLOYMENT OPPORTUNITY The City of Brookings is an Equal Opportunity Employer and will not discriminate in the hiring process on the basis of his race, sex, religion, age, creed, color, sexual orientation, national origin, disability, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. The City will always endeavor to hire the best qualified applicant. The selection will be based on qualifications, skills, training, and attainment of Affirmative Action Goals and Priorities, as adopted by the City Council in the Affirmative Action Plan. 6. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 3 6A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either party. They also recognize that during such period more mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and non -management employees, if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and understanding of each others problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below. 6B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing th e problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them, within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of this Agreement. In agree ing to such meetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 6C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting the health, life and limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. 6D. The committee shall be composed of four (4) members designated by the Union and four (4) members designated by the City. Any recommendations must be adopted by a majority of the committee. 7. CHECK OFF 4 Effective upon ratification, the Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 8. BONDS Should the employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 9. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. 10. STEWARDS The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 10A. Investigation and presentation of grievances to Employer or the Employer representatives in accordance with the provisions of this Agreement. 10B. Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during work hours without loss of pay, provided that it does not interfere with the efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 11. BULLETIN BOARDS The employer agrees to provide space on its bulletin boards for Union business notices. Union space will be allocated. 12. BUSINESS AGENTS 5 Authorized agents of the Union, after having notified th e Department Head, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on-duty hours for the purpose of adjusting disputes, investigating work conditions, and ascertaining that the A greement is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 13. UNION BUSINESS AND REPRESENTATIVES 13A. The Employer agrees to grant the necessary time off, without discri mination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 13B. Upon receiving forty-eight (48) hours notice, the City shall excuse all employees in the bargaining unit, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City. Off duty employees attending such meetings shall do so on their own time. 14. GRIEVANCE PROCEDURE 14A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. 14B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. 14C. Failure to resolve the grievance with the supervisor, the grievance shall be reduced to writing and submitted to the Human Resources Director and the Local Union within ten (10) calendar days following the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or union representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or her designee shall meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 14D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3 -18-15.2. The appeal must be 6 initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limits or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary action, the employee and/or the Union may elect to commence the grieva nce procedure at the level of the Department Head or City Manager. 14E. Time limits may be extended by mutual agreement. 14F. The Union has the authority to abandon a grievance. 14G. Abandonment of a grievance shall not set a precedence. 15. REPRIMAND Any reprimand that can become part of an employee’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative present. 16. DISCHARGE OR SUSPENSION 16A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge or suspension shall give a t least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before he/she is discharged or otherwise disciplined if the cause of such discharge is: 1. Dishonesty; 2. Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during their work shift. An employee will submit to a portable breath test if the presence of alcohol i s suspected. In the event of a positive reading, the employee may, at their discretion, submit to a blood alcohol test, the expense of which is covered by the City if the test is negative and by the employee if the test is positive. The employee will submit to a urine drug screen if the presence of drugs is suspected. 3. Personal possession or use of illegal drugs while on duty; 4. Failure to report a serious accident or incident while on duty; 7 5. Insubordination; flagrant disregard of a lawful or reasonable order. 16B. It is understood that there are other offenses of extreme seriousness that an employee will be discharged without a warning letter. Depending upon the circumstances and upon just cause, a lesser discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the City Manager, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. Warning notices shall be in effect for up to 12 months. 16C. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 17. CITIZEN’S COMPLAINT When a citizen makes a formal complaint against an employee, which such complaint might become part of that employee’s official record, such complaint shall be reduced to writing after a complete investigation has determined there may be possible merit or substance to the same. Such written complaint shall be delivered to the employee and the employee shall have the right to face his/her accuser with the steward and/or representative of the Local Union present at such meeting. The Department Head shall also be present at the meeting. 18. WORK RULES The City of Brookings encourages and promotes a mutual respect between management and bargaining unit employees in the performance of their respective duties. Department general orders, work rules and the department policy and procedure manual shall be reviewed by the City Manager and the department head to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. All Union comments on the proposed changes will be considered by the City Manager and the department head ; however, the City Manager retains the right to adopt changes in the said orders, work rules and manual. This article is not intended to permit changes in specific provisions of the Agreement. Any disputes over reasonableness of work rules shall be subject to the grievance procedure. 19. AUTHORITY TO EMPLOY PERSONNEL 19A. Authority to employ individuals for all positions in the City service, except certain appointive positions as stipulated in the City Charter is vested in the City Manager. 8 19B. Supervision - Individuals will not be assigned to a department which will require them to be supervised or evaluated by immediate family members. 20. PERSONNEL RECORDS AND REPORTS 20A. All personnel files are to be maintained by the respective department heads in a secure, locked file cabinet in the Human Resources office. Emp loyees are encouraged to periodically review and comment on their personnel records. Review of personnel files must be completed in the presence of the Human Resources Officer or their designated representative. ALL PERSONNEL FILES AND INFORMATION THEREIN ARE CONFIDENTIAL. 21. WORK WEEK 21A. The normal working day for municipal employees shall be consecutive hours and the work week shall consist of forty (40) hours. Flexible schedules shall be set or approved by the Department Head. 21B. Employees shall be paid for all time spent in the employ of the Employer. 21C. Employees shall be compensated at the rate of time and one-half for all hours required to work prior to and/or beyond scheduled shift; on a scheduled day off; or in excess of forty (40) hours per week. Overtime will not be paid, however, for changes made to an employee’s normal weekly work schedule to include days off or shift when seven (7) calendar days advance written notice is given to the employee, unless changes to the schedule result in actual work hours in excess of 40 per week. However, seven (7) calendar days advance notice does not need to be given in the event of an emergency which is defined as an unforeseen combination of circumstances that calls for immediate action as determi ned by the department head or his designee. In that event, the employee shall be paid at a rate of time and one-half for all hours required to work outside of their regular shift for emergencies and/or unforeseen circumstances. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other benefit leave, will not be used in the computation of overtime. Overtime will not be allowed without approval of the Department Manager or other supervisor as designated. 21D. Overtime shall not be pyramided. 21E. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. 9 21F. Part-time and seasonal employees shall be scheduled as needed, not to reduce full-time employees below the normal scheduled work week. 22. SENIORITY 22A. Seniority rights for employees shall prevail. 22B. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the bargaining unit. Current established seniority lists as of 12/30/97 shall not be modified or changed, but with respect to the contract language of January 1, 1999, definitions consistent with the seniority article shall prevail. 22C. On January 1 of each year, the Employer shall post a current seniority list and shall submit a copy to the Union. 22D. Seniority and employment relationship shall terminate when an employee: 1. Quits; 2. Is discharged for just cause; 3. Is retired. 22E. Department seniority shall govern layoff and recall. In the event of a layoff, the last employee hired in each affected Department, shall be laid off first as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective departments. 22F. A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks notice of separation or shall be paid for the two (2) weeks following the notice of layoff. Part-time and seasonal employees shall be laid off first provided they are doing comparable duties in the same department. 22G. Seniority will continue to accumulate for any employee who is drafted into the Armed Forces of the United States, or who volunteers during a period of national emergency, for the period of his/her service, and for ninety (90) days thereafter, if he/she received an honorable discharge. 22H. Employees who are injured and are covered by Workers’ Compensation shall continue to accumulate seniority during their absence. 22I. The City of Brookings shall grant re-employment rights to employees who have been laid off. Employees who are discharged, resign, or retire, shall forfeit re - employment rights. Employees who have been laid off shall be granted re - employment rights for a period of six (6) months in the classification they previously held. When re-employing personnel with seniority rights, such rights 10 shall prevail. Re-employed individuals who have been laid off shall retain seniority and all accumulated benefits. Such benefits may not be accrued during the layoff period. 23. EMPLOYEE CLASSIFICATION 23A. Regular Full-time Employees - Employees who work a minimum of thirty-two (32) hours per normal work week and are not designated as probationary or temporary shall be defined as “regular full-time”. This classification will entitle employees to all rights and benefits on a pro-rated basis. Time served on a probationary status shall be considered as regular full-time, when the employee is so classified. 23B. Probationary Employee - Probationary employees are newly hired employees and shall be considered on a “probationary” status for a period of six (6) months following their initial date of employment. Upon completion of not more than six (6) months of satisfactory performance such employees shall be classified as regular full-time. A probationary employee shall be subject to layoff, discipline, or discharge at the sole discretion of the City. After an employee has satisfactorily completed the probationary period, seniority will be established as of his/her employment date. 23B.1 The probationary period is established for the purpose of evaluating the performance of and manner in which each new employee adjusts to his/her work. If an employee is granted leave during their probationary period and said leave exceeds one week, then employee’s probationary period shall be extended by an amount at least equal to the term of their leave. If, for any reason, the employee is found to be unsatisfactory in his/her performance or attendance during the probationary period, the employee may be terminated. The “Probationary Employee Progress Report” form shall be completed two weeks before the probationary period ends in order to document the reason(s) for terminat ion. Managers will utilize the Probationary Employee Progress Report to review each new employee’s performance and progress. The employee’s work performance, attitude, attendance, ability to follow instructions, and other factors which cause him/her to be successful on the job must be carefully reviewed before the employee is classified as a regular full- time employee. A probationary employee’s performance can be reviewed as often as necessary during the probationary period. The City Manager reserves the right to extend the probationary period of an employee up to a maximum of six (6) additional months. 23C. Acting - When a vacancy occurs in a position which cannot be left vacant for the length of time anticipated, when no suitable list of approved cand idates exists for its filling, or for some other reason it is not feasible to make a permanent 11 appointment thereto, the Department Head may appoint an employee to an “acting” capacity. The duration of such acting appointment shall be only until a permanent appointment can reasonably be made. The employee shall receive the wages of the vacant position. 24. SEPARATIONS 24A. Layoffs - In the event a cutback becomes necessary, City Manager will first determine what positions should be eliminated, and will notify the affected employees/union in writing. 24A.1 A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks notice of separation or shall be paid for the two (2) weeks following the notice of layoff. 25. PROMOTIONS OR TRANSFERS 25A. An employee may request a transfer from a position or Department to another position or Department within the bargaining unit. Such a request need not be in the nature of a promotion. Requests for transfer must first be made to an employee’s immediate supervisor and to the Department Head. 25B. A performance appraisal will be conducted prior to the end of 10 days in the new position. During the ten (10) day trial period, the employee shall have the opportunity to revert to his previous position. If the employee is unsatisfactory in the new position (in the opinion of the Employer), notice and reasons will be submitted to him in writing by the Employer with a copy to the Union. The matter may then become a proper subject for the grievance procedure. Benefits/seniority accumulated by the person transferring shall be retained by that individual. 25B.1 A transferred or promoted employee who is placed on a salary grade at step “A”, whether an increase or decrease, will be eligible for a salary increase to step “B” upon completion of the probationary period as signified by a satisfactory, or better, rating on an employee evaluation. Employee will be eligible for an increase to the next highest step upon completion of an additional six months and will then be eligible on an annual basis for a step in grade increase through step “F”. A transferred employee who is placed on a salary grade at step “B”, whether an increase or decrease, will be eligible for a step in grade increase upon completion of a probationary period and will then be eligible for step in grade increases on an annual basis. A transferred employee placed above step “B” in grade will only be eligible for step in grade increases on an annual basis. 12 25C. Inter-departmental transfers of employees for a short duration for City convenience may be made at any time at the discretion of the City Manager, providing the employee is informed of the need and expected duration of the transfer and it does not affect pay. 25D. Inter-departmental transfers of employees shall be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 25E. Whenever possible, new and vacant positions will be filled from within the City by promoting qualified employees in accordance with the following: 25E.1 Promotions/transfers shall be made on the basis of seniority, skills, ability, qualifications, and job performance. If skills, ability, qualifications, and job performance, are relatively equal, then seniority shall be the determining factor. 25E.2 In accordance with this article, promotions must be approved by the City Manager. 25F. All regular full-time job vacancies shall be posted on City bulletin boards. The City shall promote or transfer present employees to such vacancy provided the employee meets the above criteria. Any employee denied a promotion under this Article shall be given the reasons for such denial in writing and may be appealed under the grievance procedure. 26. INTERIM PAY GRADE CHANGES During the term of the contract, any proposed changes within the bargaining unit that substantially affect an employee’s duties and responsibilities shall be submitted to the Union. The City and the Union shall determine if the additional duties and responsibilities warrant a pay grade change, and if so, establish the appropriate grade for the position. 27. OUT OF CLASS PAY An employee that works in a higher pay classification for a period of two (2) consecutive weeks or longer shall receive the higher rate of pay for all time served in said higher pay classification job excluding the first week. While assigned to such duties, the employee shall be paid the entry level rate for working in that classification or at a step that would allow for a rate increase above his/her current rate of pay. 28. ORGANIZATION/ASSOCIATION MEMBERSHIP The City of Brookings encourages employees to belong to organizations or associations that will assist them in performing their work. 13 29. OUTSIDE EMPLOYMENT/ACTIVITY 29A. Holding a second job elsewhere is subject to critical appraisal only if it conflicts with the full performance of the employee and the interests of the City. The City Manager and Department Head should be informed of the outside employment. 29B. Employees shall not engage in outside activities while on duty. City employees shall not participate in any activity or enterprise which is contrary to the Conflict of Interest ordinance adopted by the City Council or inconsistent, incompatible, or in conflict with the duties and responsibilities of their position. The City Manager shall make the ultimate determination as to whether or not a specific activity is prohibited. 30. POLITICAL ACTIVITY 30A. Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted to points 30B.1, 30B.2, 30B.3 and 30B.4 as provided below. In all cases, activities must be in compliance with the Conflict of Interest ordinance as adopted by the City Counci l. Failure to comply with this provision may result in disciplinary action against the violator. 30B. Any officer or employee of the City of Brookings, whether elected or appointed, may seek any political office while employed by the City, provided: 30B.1 that said officer or employee may not seek any political office or actively campaign for any political office until after having submitted in writing to the City Manager, their intention to seek a political office; 30B.2 that said officer or employee never campaign in any manner whatsoever during hours of employment; 30B.3 that it is mandatory that said officer or employee take a leave of absence for no less than fourteen (14) days nor more than thirty (30) days prior to any election for position that would require the termination of said employee’s employment if he/she is successful in the election. Of that leave time, the employee may take two (2) weeks of vacation leave. Any amount in excess of two weeks must be taken as leave without pay; and 30B.4 an employee of the City of Brookings may not campaign on behalf of any candidate for City Council. This does not preclude an employee from running for City Council as long as that employee adheres to Item 33B.3 above. 14 30C. Any employee elected to a position on the City of Brookings City Council will resign their position with the City prior to being sworn in on the Council. 31. PUBLIC RELATIONS All City employees are expected to maintain high standards of conduct and cooperation in their duties for the City. The City feels an employee accepts an additional responsibility to his/her community by accepting a position in municipal government, and urges our employees to act accordingly when off the job. 32. GIFTS AND GRATUITIES As is outlined in the Conflict of Interest ordinance adopted by the City Council, it is the policy of the City of Brookings that employees are prohibited from soliciting or accepting any rebate money, or costly entertainment, gift or gratuity (except memento and novelties of nominal value) from any person, company, firm, or corporation, in the hope or expectation of receiving a favor or better treatment than that accorded other persons. 33. PAY PERIOD 33A. All employees covered in this Agreement shall be paid in the same mann er as all other city employees are paid, on a monthly pay period. 33B. The City is required to deduct the following items from an employee’s pay: 33B.1 Retirement contributions 33B.2 Additional deductions may be made for the following: a. Insurance - life, health, dental, and vision b. Credit Union c. Annuities d. Retirement (spouse option) contributions e. Union dues, application fees and assessments 34. TAX DEFERRED ANNUITIES The City of Brookings offers a payroll deduction Tax Deferred Annuity Program for all employees. This is an investor directed, professionally managed annuity. The entire cost is paid by the employee, but reduces the employee’s gross income for tax withholding purposes. This can be a retirement and tax saving program for employees. 35. INSURANCE 15 35A. The City of Brookings offers insurance coverage to all regular full -time employees. Group health, dental, vision, accident, and life insurance is available for all qualified employees. The City of Brookings pays 75% of the total cost of group health for individual or family coverage for all employees; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 35B. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System (SDRS) retirement benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full-time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 35C. If any employee, including Fire and Police, is covered under the City health insurance plan either by spouse or dependent coverage, they would not be permitted to be covered by an individual policy also with the City. 35D. Employees on leave of absence without pay may make arrangements for continued coverage. 35E. City employees also have the opportunity to secure individual policies for cancer and intensive care insurance at a group rate. The entire cost of this optional policy must be paid for by the employee. 36. RETIREMENT The City of Brookings is a member of the South Dakota Retirement System. Participation is mandatory and will be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. Termination of 16 employment will also be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. 37. ALCOHOL AND DRUG ABUSE 37A. The municipality is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped under federal law. An employee m ay be considered handicapped if that employee’s current use of alcohol or drugs does not prevent the individual from performing the duties of the job in question, or whose employment would not cause a direct threat to property or safety. 37B. Department Heads and supervisors shall not physically search employees. 37C. Department Heads and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription. 38. EMPLOYEE ASSISTANCE PROGRAM 38A. It is the policy of the City to help employees experiencing behavioral/medical problems which not only affect their personal lives but often result in poor job performance. The City recognizes alcohol/drug abuse and addiction and other medical behavioral problems as treatable illnesses. The City also recognizes that other mental conditions can be successfully treated 38B. Confidentiality is one of the most important aspects of the program. If the employee contacts the EAP directly, no one in the Company will know about it, unless the employee tells them. Participation in the Employee Assistance Program will not jeopardize the employee’s job security nor will it affect future promotional opportunities. If an employee’s supervisor refers him/her, the EAP counselor will let the supervisor know if the employee has kept the appointment, and whether he/she has agreed to accept the help that was offered. No information concerning the nature of the problem will be released without the employee’s written consent. With this policy, any employee who suspects that he/she has an alcohol, mental health or drug problem, even in its early stages, is encouraged to seek diagnosis and follow through with the prescribed treatment as necessary. 38C. There is no charge for the initial assessment. The City will incur such expenses for treatment and/or hospitalization as provided under the group health 17 insurance program. However, if costs are incurred for rehabilitation services that are not covered by insurance or other benef its, such costs will be the responsibility of the employee. 39. SAFETY POLICY 39A. Seat Belts The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or equipment with seat belts and/or harness. 40. STORM POLICY 40A. Prior to the occurrence of inclement weather, the City Manager and Department Heads will identify those positions and employees that are essential to carry on the City operations and who must be present at work during a storm. Those employees will be required to report for work via their own means of transportation or City provided transportation. 40B. Employees who are not identified as being essential to carry on operations shall have the option of “working or not working”. Those that wor k must utilize their own means of transportation. 40C. Employees who choose not to work or are unable to work their regular scheduled shift due to inclement weather will have to utilize vacation leave or leave of absence without pay. Employees whose absence is four hours or less will have the option of making up the time not worked. 40D. Due to work load or such other conditions as may warrant, the City Manager or Department Heads may identify additional employees who were not initially identified as an essential employee. Department Heads may use discretion in calling in additional employees and such employees will be provided transportation and will be compensated at their regular rate of pay. 40E. Interdepartmental transfers of employees may be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 41. HOLIDAYS 41A. It is the policy of the City of Brookings to afford all regular full -time employees ten (10) paid holidays each year. The City recognizes the following h olidays: New Year’s Day Martin Luther King, Jr. Day Presidents’ Day Memorial Day Independence Day 18 Labor Day Native Americans’ Day Veterans’ Day Thanksgiving Day Christmas Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. All allowed holiday pay shall be defined as eight (8) hours of compensation to be used based on employee’s regular rate of pay and cannot be used in less than 8 hour increments. 41B. If the designated holiday falls on a Saturday, the preceding Friday is observed, and if the designated holiday falls on Sunday, the following Monday is observed (except for shift workers). 41C. Employees scheduled to work on any one of the 10 above listed holidays will be paid time and one-half for the number of hours actually worked as well as 8 hours of Holiday Pay to cover the payment of the above benefit. 41D. If an employee is on a scheduled day off when a holiday is observed, the employee will be given an alternate day off in honor of the specific holiday within 180 days from the date of the holiday. Payment for the 8 hours of holiday pay will be given at that time. 41E. An employee on vacation during a holiday will receive holiday pay and will not be charged for that day as vacation. 41F. An employee who is on paid leave of absence will be eligible for holiday pay for a designated holiday observed during the leave of absence. 41G. An employee who is on unpaid leave of absence will not be eligible for holiday pay for a designated holiday observed during the leave of absence. 41H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, the employee must work their last full scheduled shift preceding the holiday and their first full scheduled shift after the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for date(s) absent. 19 41I. Employees who are scheduled to work on their normal day off due to a holiday, without a seven (7) calendar day written notice of a schedule change, will be given an additional eight (8) hours off with pay to be used within 180 days of the day on which it was earned and to be scheduled with the approval from the employee’s department head. 41J. Holiday pay shall not be used in the computation of overtime. 42. VACATION LEAVE 42A. It is the policy of the City of Brookings to grant vacations with pay to provide regular full-time employees with periods of rest and recreation in recognition of services performed. Vacation leave for eligible employees for each vacation year is based upon length of service. 42B. Employees will accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 years of service - 10.00 hours per month After ten but less than 20 years of service - 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said vacation leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of vacation leave in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 42C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the discretion of the Department Head. Employees may accumulate up to two hundred eighty (280) hours (35 days) of vacation. Cash payments in place of vacation privileges are not permitted unless the employee is discontinuing employment. 42D. The accrual date for vacation is the employee’s hire date. 42E. Employees may use accrued vacation during their probationary period, however, the employee may not use more hours than in vacation accrual balance. If employee leaves employment prior to the end of the introductory period, any vacation used during this period must be repaid to the City of Brookings. 20 42F. Employees granted unpaid leave of absence in excess of one -half month will not accrue any leave for that month. 42G. Employees will not receive additional vacation time off due to illness of disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 42H. Requests for vacation leave must be approved b y the employee’s Department Head prior to the time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests will normally be granted at the time requested by the employee, unless operational necessity requires full staf f. 42I. Employees who are laid off or discharged, who resign or retire after giving two week’s notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro -rata basis according to the time worked during the current vacation year. 42J. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous or not recommended by local authorities. This leave will be granted with the approval of the Departmen t Head. 42K. Vacation will be granted on a first come - first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 42L. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Department Head directly for such determination. 43. SICK LEAVE 43A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 43B. Sick leave may be earned by probationary and regular full -time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to 260 days (2,080 hours) of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. 43C. After ten (10) years of service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of 21 service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. 43D. Requests for sick leave must be approved by the Department Head prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify his/her supervisor of his/her recovery. 43E. Sick leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said sick leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of sick leave in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 43F. Accrued sick leave may be used during the employee’s probationary period. 43G. Sick leave shall be paid at the employee’s regular hourly rate, and employees may use sick leave in no less than one-fourth (1/4) hour increments. 43H. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 43I. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 43J. The accrual date for sick leave is the last working day of the month. 43K. Sick leave shall be granted to employees: 43K.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 43K.2 for medical, dental, and optical examinations or treatmen ts, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 22 43K.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and /or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, and dependent(s) residing in the employee’s home to include step - relatives in the same categories. After three consecutive sick days, the employee’s department head and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 43K.4 when, through exposure to a contagious disease, the presence of the employee at his/her post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 43K.5 for up to five (5) working days of paid sick leave for the adoption of a child and for the father employee of newborn child(ren) to assist with care and/or delivery. If employee is eligible for the provisions of the Family and Medical Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual, however, must be used to cover additional FMLA leave period. 44. SPECIAL LEAVE Leave with Pay The Department Head will grant a leave of absence with pay to regular full -time employees for the following reasons and with these restrictions applied: 44A. Funeral The City will permit any regular full-time employee to be absent from work without loss of pay, based on his/her regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral for a member of the immediate family or a relative. Pay shall be granted ten (10) hours for employees on ten (10) hour shifts and eight (8) hours for employees on eight (8) hour shifts, maximum forty (40) hour week plus authorized overtime. Additional time beyond the three days may be charged to vacation or sick leave at the discretion of the Department Head. Immediate family for bereavement leave includes: spouse, parents, children, siblings, grandparents, grandchildren, spouse’s parents, son-in-law, daughter-in-law, brother-in-law or sister-in-law. The bereavement benefit will also be granted for step -relatives in these same categories. In the event of a funeral of a family member not included within the relative or immediate family definition or a close friend, an employee may take a 23 reasonable amount of time off with pay to be charged as vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. 44B. Voting Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent him/her from voting before or after regular working hours. 44C. Jury or Court If any employee is called for jury duty, he/she shall continue to be paid at his/her regular rate. Upon returning to work, he/she shall reimburse the City for the amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 44D. Firefighters and Honor Guard If any employee is called to a fire as a volunteer firefighter or required to serve as Honor Guard in the immediate Brookings area, he/she shall continue to be paid at his/her regular rate. 45. MILITARY LEAVE 45A. Regular full-time employees serving in the Military Reserve, S.D. Army National Guard, Air National Guard, or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City. If such service exceeds two (2) wee ks, the City will not supplement the pay; however, there will be no loss of seniority, and employees may utilize vacation leave. In the event of a mandatory call up for a national or state emergency, differential pay will be paid for four (4) weeks. In the event an employee volunteers or it is deemed mandatory for temporary duty (TDY), differential pay will be compensated for up to five (5) working days. The above periods of times considered for differential pay will be per calendar year. Differential pay shall include quarters allowance, in addition to base pay. 45B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 46. MEDICAL LEAVE OF ABSENCE 46A. The City of Brookings and the Union agree to comply with guidelines set forth in the Family Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the law. 24 46B. A leave of absence for the birth of a child shall be treated as any other illne ss or temporary disability. 47. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Department Head, with the approval of the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period of two (2) months for each month of educational leave taken. An employee requesting to attend college classes which may interfere with the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 49. INJURY LEAVE An employee injured while on the job must promptly notify his/her Department Head or supervisor. All medical and hospital expense shall be paid for in accordance with Worker’s Compensation and the City policy. The City policy in injury leave shall be to compensate the employee up to a maximum of 960 hours per injury, for those injuries which qualify for Workers Compensation lost time benefits, at the rate of pay he/she was making at the time of accident, less the amount he/she receives from Worker’s Compensation. Injury leave availability shall include return of leave for any other leave taken during the initial seven consecutive day waiting period. After the 960 hours per accident, the employee may elect to use accumulated sick leave and/or vacation credits to continue receiving his/her full pay. Should the employee not elect such action or should he/she exhaust all accumulated credits, he/she may apply for disability under provisions of the Worker’s Compensation Act or the Retirement Fund. Once the employee is no longer receiving full compensation from the City, he/she will be eligible to receive compensation payable under the Worker’s Compensation Act in addition to eligible retirement benefits. All vacation, sick leave and holiday leave earned while on injury shall accrue at the employee’s regular rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s Compensation and/or results in lost time of less than seven consecutive days, the employee will be required to utilize sick, vacation, or leave without pay for those days which they are absent from w ork. Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor appointments, etc. once seven day loss time requirement has been met. 50. LEAVE WITHOUT PAY 25 50A. Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the approval of their Department Head, Human Resources Director and City Manager and providing all vacation leave and/or sick leave has been exhausted. 51. ABSENTEEISM 51A. Employment is a matter of mutual agreement. In return for offering a reasonably reliable income, the City is entitled to reasonably reliable performance. The City has the right to expect that employees will be present, ready to work, when and where they are assigned. 51B. Employees who are absent from work shall be responsible for notifying their supervisor when they are absent and when they will report back to work. Disciplinary action shall be taken if employees fail to comply with City rules. 51C. Absence of any City employee that is not authorized shall be without pay. Any employee who absents himself/herself for three (3) consecutive days without leave shall be deemed to have resigned. 51D. Departure from assigned work schedules must be requested and approved in advance by the employee’s immediate supervisor. 52. TRAVEL The City of Brookings encourages management and non -management staff to attend and participate in professional meetings, training seminars, and educational courses. 52A. Employees who attend training outside of the department will be compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Departm ent Head, based upon FLSA guidelines. 52B. Travel Expenses - Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by the City travel policy. Mileage will be paid in accordance with current City schedules. In no instance will the City travel rates be less than the South Dakota State rates. 53. VOLUNTEER FIRE DEPARTMENT TRAINING Regular full-time employees who are members of the Brookings Volunteer Fire Department may attend Fire Training Programs or schools if approved by the Department Head. Employees’ vacation time shall be used for these training programs or schools. Expenses and per diem allowances shall be paid by the Brookings Fire 26 Department as provided in the Volunteer Fire Department Training Po licy. In a fire emergency, regular full-time employees who are members of the Brookings Volunteer Fire Department may request up to 15 work days off without pay per calendar year to assist other areas if appropriate documentation is presented to substanti ate the need for the leave. Such time off would not affect the accrual of benefits for the month. 54. LICENSES AND CERTIFICATES 54A. The City of Brookings has established several positions which require a license or certificate as a minimum qualification . As a benefit to employees, the City will reimburse the employee for expenses and fees required to obtain a license or certificate. The City, however, will only reimburse costs for the first three (3) attempts at securing a license or certificate. 54B. City employees who attend license or certificate training sessions in excess of four (4) weeks in duration shall be required to sign a statement prior to attending the training, guaranteeing the City an additional two (2) years of service. Employees who fail to return a total of two (2) years of service shall reimburse the City a prorated share of the total cost. Cost of the training shall include transportation, room and board, and the cost of the training session. 55. EDUCATIONAL MATERIAL The City of Brookings is interested in keeping employees up-to-date on the latest technical advances. Therefore, educational material that is available and will assist City employees in performing their job duties may be purchased by the City. 56. BREAK TIME 56A. The lunch period is one (1) hour in length during an eight (8) hour working day, unless mutually agreed otherwise. The lunch period should be taken sometime midway through the employee’s work shift. The department manager and/or supervisor retains the right to schedule employee’s lunch and rest periods to fulfill the operational needs of the various work units. 56B. Rest breaks will be granted twice daily during 8 and 10 hour work shifts and three times daily for 12 hour work shifts at the Ice Aren a for twenty (20) minutes each. Rest periods may not be accumulated for time off or used to leave work early. 57. MISCELLANEOUS 57A. Employees may maintain residence outside the city limits. 57B. Employees may request time off without pay. 57C. Physical Fitness 27 It shall be the responsibility of each employee to maintain the standards of physical fitness and condition required to perform his/her job. Whenever a Department Head suspects the physical condition of an employee is endangering his/her own health or the safety of his/her fellow workers, he/she may request the employee to submit to a medical examination by his/her physician without expense to the employee for the purpose of determining whether the physical condition of the employee may affect job performance of the employee or the safety of his/her fellow workers. 57C.1. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00, at a locally accredited wellness/fitness center. To be eligible for reimbursement, the employee must present proof of attendance of an average of two (2) times per week or eight (8) times per month during that month which is to be reimbursed. The City will not participate in any way in initiation fees. 57D. Degree of Illness or Injury Employees shall be responsible for reporting to their Department Head or Supervisor any diagnosed illness or injury that may affect their job performance or the safety of his/her fellow workers. 57E. Prescription Safety Eyeglasses Effective January 1, 2013, for those employees who wear prescription eyewear who perform jobs, duties, or tasks requiring eye protection, a program has been established in which those employees may request through their supervisor prescription safety glasses. The prescription safety glasses system shall meet the ANSI Z87 standards which include permanently mounted side shields. Employees may make their choice of frames from frames which meet this ANSI standard. The maximum allowable charges that the City will be responsible for in the purchase of this prescription safety eyewear are as follows: Single vision lens & frames: Maximum $135.00 Bifocal lens & frames: Maximum $155.00 Trifocal lens & frames: Maximum $165.00 Progressive or other special need lens & frames: Maximum $245.00 The City will assume only the cost of the glasses. Any testing or eye examinations associated with the glasses will be at the expense of the employee. Employees are eligible for a replacement set of prescription safety glasses once every 12 months, but only in circumstances in which a change is needed due to a prescription change. 28 58. UNIFORMS AND EQUIPMENT 58A. In positions requiring additional gear, it shall be provided for employ ees by the City. Employees are responsible to turn in worn -out clothing or defective equipment to their supervisor prior to being issued new replacements. 58B. For positions which have been predetermined by the Safety/Wellness Committee to require safety boots/shoes, effective January 1, 2016, an allowance of $100.00 per calendar year will be provided to the employee for the purchase of safety boots/shoes. The $100.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the employee purchases the boots needed for his/her job, it will be the responsibility of the employee to furnish a copy of the actual receipt to his/her department director. The receipt will be used to track the actual amount of money used each year by employees for safety boots/shoes. 58C. Uniforms and equipment is a proper topic for committee for union management cooperation. 59. STANDBY TIME 59A. When any employee is designated to be on call or standby for a period of one (1) week, he shall receive, in addition to his regular salary, twenty dollars ($20.00) per day effective January 1, 2011, plus time and one half for any hours worked, while working standby. Employees scheduled to be on standby Saturday, Sunday or any scheduled holiday, shall receive twenty-five dollars ($25.00) for Saturday, Sunday, or any scheduled holiday effective January 1, 2011. He/she shall not be scheduled more often than once each month on a rotation basis, unless the employees work under another arrangeme nt, acceptable to the department head and City Manager. If a standby service should fall on a regularly authorized holiday, the employee shall receive salary for that day in addition to the standby pay for that period. 59B. Employees on Standby are expected to be available for duty at any time in the same condition as would normally be expected of an employee for the performance of their duties. Individuals must be constantly available for contact by phone or by pager (with pager to be provided by the City) and are expected to report for duty within thirty (30) minutes barring unforeseen circumstances not within their control. 59C. When an employee is required to act as supervisor in charge of the Street Department due to the absence of the Street Supe rintendent, that individual will be compensated, in addition to his regular salary, a daily rate of thirty-five dollars ($35.00) per day on weekdays (Monday through Friday) effective January 29 1, 2011 and fifty dollars ($50.00) for weekends (Saturday and Sunday), and city recognized holidays effective January 1, 2011. 60. SHIFT DIFFERENTIAL 60A. Full-time employees working between 6:00 P.M. and 7:00 A.M. shall be paid an additional eighty cents ($.80) for time worked between those hours. 60B. Full-time employees working from 6:00 PM Friday until 7:00 A.M. on Monday and all hours worked during a city recognized holiday shall also receive the additional eighty cents ($0.80) per hour shift differential. 61. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours of work or two (2) hours pay in lieu of work. This minimum shall not apply to work performed immediately before or immediately after an employee’s regular work shift. 62. HAZARDOUS PAY When an employee of the Forestry Department is trimming trees requiring the use of aerial bucket and/or ropes, the removal of trees, or around overhead electrical distribution lines, or while operating a wood chipper or stump cutter; or an employee is required to work on the ground near the front end loader grappling forks; or an employee is required to work with the asphalt recycling unit, steamer, or the oilers in the Street Department, that employee shall, in addition to his regular pay, receive hazardous pay for all times spent in said hazardous duty of Two Dollars and Seventy - Five Cents ($2.75) per hour. Employees will also receive this hazardous pay during handling and/or clean-up of chemicals effective January 1, 2013; as well as paint striper operator, and loader operator with grapple hooks during spring clean -up, effective January 1, 2016. 63. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-half (1 1/2) or designate comp time upon approval of Department Head in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) hours. Use of comp time must be approved by the Department Head and may not result in overtime needing to be paid to cover a shift. 64. LONGEVITY 30 64A. Regular full-time employees shall be eligible for longevity pay based upon length of full-time continuous service with the City of Brookings. Length of service shall be the full number of years of service as of the hire date of the employee’s employment. Years of service must be continuous years of service. 64B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that their anniversary of continuous employment falls. 64C. The amount of longevity pay shall be at the rate of $6.00 per month per year with a cap of 30 years after completing five (5) ye ars of continuous full-time employment. EXAMPLES: 5 years of employment $30.00 per month 8 years of employment $48.00 per month 10 years of employment $60.00 per month 65. WAGES (See Appendix A - attached) 65A. Commencing January 1, 2019, there shall be a 2.75% increase to the City of Brookings Pay Plan. 65B. A full contract reopener will occur on an annual basis commencing prior to the City of Brookings budgeting process. 66. DEFINITIONS As used in this document, the following words an d terms, unless the context clearly requires otherwise, shall have the meaning as indicated. 66A. Grade or Class of Positions - A group of positions sufficiently alike in duties, authority and responsibility to justify the same title, qualifications and s chedule of pay to all positions in this group. 66B. Compensation - All forms of valuable consideration, including salaries or wages earned by or paid to any employee by reason of service in a position with the City. 66C. Demotion - An involuntary change in classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. (This definition shall not include down-grades.) 31 66D. Voluntary Reclassification - The voluntary classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. 66E. Relative - The employee’s grandparents, grandchildren, father-in-law, mother- in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, and members of the immediate family. Step relatives are also included in above classifications. 66F. Immediate Family - The employee’s spouse, parents, spouse’s parents, son or daughter, brother, sister, step -parents, step-brother, step-sister, step-children and/or legal guardian or ward. 66G. Discharge - The permanent involuntary separation of an employee from his/her position for cause. 66H. Employee - A person legally occupying a position with the City or on authorized leave of absence from such service. Elected officials and members of appointed Boards and Commissions shall not be considered as employees, nor shall the provisions of this document be applicable. 66I. Probationary Period - A working test period of six (6) months during which an employee is required to demonstrate his/her fitness for the duties to which he/she is appointed by actual performance of the duties of the position. 66J. Promotion - A change in the position of an employee from one grade to a position in another grade having a higher maximum salary range. (This definition shall not include upgrades.) 66K. Transfer - The change of an employee from one position to another position in the same grade or another grade having the same maximum salary range, involving the performance of similar duties and requiring substantially the same basic qualifications. 66L. Hire Date - The hire date will be the date upon which an individual became a regular full-time employee. That date does not change with any changes of duties. If an individual is re-employed, only the date of his/her current re- employment shall serve as the official date of employment for all personnel transactions, except for employees who have re-employment rights due to layoff. 66M. Anniversary Date - The anniversary date is the date in which an individual becomes employed within a current job description. The anniversary date would not change unless there was a promotion or transfer during their employment. If a promotion was received within the same department, their 32 anniversary date would change to the date in which the promotion was effective. The anniversary date would also change if they transferred from a position within one department to a different position within another department. There would be no change in the anniversary date in a situation in which an employee’s job description is re-evaluated due to a change in duties, etc. Under that circumstance, the anniversary date would remain at the date in which the employee entered his/her p osition. 66N. Reclassification - The change in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of existing assignments which causes a change in the class title of the position. 66O. Department Heads - Those persons appointed by the City Manager to manage and administer the work and personnel of their respective departments. They shall consist of the City Clerk, Community Development Director, Human Resources Director, Finance Manager, City Engineer, Liquor Store Manager, Street Superintendent, Director of Solid Waste Management, Fire Chief, Parks , Recreation and Forestry Director, and Chief of Police. Also acting as Department Head is the City Librarian, who is appointed b y the Library board. 67. DURATION 67A. This Agreement shall be in full force and effect from January 1, 2019, up to and including December 31, 2019, and shall supersede any prior Agreements between the parties, and shall continue from year -to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 2019. 67B. When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the current contract year, advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 _____________________________ __________________________________ City Manager Principle Officer/President ______________________________ __________________________________ Date Business Agent (James Heeren) __________________________________ Date 33 APPENDIX A OFFICIAL SALARY SCHEDULE GENERAL CONTRACT FOR 2019 Explanation of Schedule There are six (6) steps for each non-Department Head position in the Salary Schedule. These rates shall be the minimum and maximum rate for the position. New employees will normally be hired at Step “A” in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of six (6) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate his/her ability to perform his/her duties. If employee does not satisfactorily demonstrate his/her ability to perform his/her duties by the end of the probationary period, the employee may be terminated or the probationary period extended up to an additional six (6) months with a determination of pay increase held until the expiration of that extension. In accordance to this agreement and upon completion of the probationary period, the probationary employee may be reclassified to regular full-time and advance to the next higher step in grade based upon successful job performance. After completing an additional six (6) months, the employee may advance to the next higher step in grade based on satisfactory job performance and successful completion of each additional year of employment through step “F”. Occupational List of Class Titles Management Supervisory Series This series consists of those positions having a combination of assigned management tasks and the responsibility of supervising full-time personnel. Title Grade Sanitation Collector Supervisor 8 Forestry Supervisor-Arborist 8 Park Supervisor 8 Landfill Supervisor 9 Street Operations Supervisor 9 Professional Series The positions in this series are distinguished by special requirements of education or training. They may be assigned management tasks and typically have a high degree of public contact. Title Grade Code Enforcement Officer 8 Building Inspector 9 Engineering and Storm Water Technician 9 Maintenance and Equipment Operator Series Positions allocated to this series have classifications and duties involving the maintenance of public streets, parks and require the operation and/or repair of specialized equipment. The series also includes Apprenticeship positions. Title Grade General Laborer 3 Sanitation Collector 6 34 Solid Waste Worker 6 Airport Operations/Maintenance Technician 6 Park Technician 6 Forestry Technician 6 Street Maintenance Technician 6 Equipment Operator 6 Building Trades Technician 6 Advanced Equipment Operator 7 Building Trades Specialist 8 Shop Supervisor & Mechanic 8 Traffic Control Supervisor 8 Heavy Equipment Operator-Street 8 Heavy Equipment Operator-Landfill 8 Clerical Series This series consists of positions which involve office and clerical work with experience in typing, basic bookkeeping and record maintenance. Employees occupying these classifications generally assist the public either directly or over the phone and operate standard office equipment. Title Grade Municipal Liquor Store Clerk 3 Receptionist/Office Clerk 3 Office Manager – Engineering/Community Development 7 Office Manager – Landfill 7 Office Manager – Streets 7 Office Manager – Park, Rec & Forestry 7 Position Allocation and Classification Plan Job Descriptions have been prepared and are on file with the Human Resources Director for each of the above titles. Every full-time employee is classified by these Job Descriptions. Movement from one classification to another requires the approval of the City Manager and must be consistent with the provisions to this agreement. Library The Brookings Library Board has the authority to appoint and employ all Library personnel. The class codes, class titles and job descriptions are uniform with the City Occupational Classifications and pay grades. Title Grade Circulation Assistant II-Technical Services Assistant 4 Interlibrary Loan Services Coordinator 4 Administrative Assistant/Library 5 Community Services Coordinator 5 Circulation Manager 6 Children’s Service Coordinator 9 Young Adult Services Coordinator 9 Adult Services Librarian 11 Technology Services Librarian 11 City of Brookings 2019 Pay Plan Schedule GRADE POSITION TITLE STEP A STEP B STEP C STEP D STEP E STEP F 1 2019 14.21$ 14.78$ 15.34$ 15.98$ 16.62$ 17.28$ 2 2019 15.08$ 15.66$ 16.27$ 16.91$ 17.62$ 18.31$ 3 Receptionist/Office Clerk - 2019 15.97$ 16.60$ 17.27$ 17.96$ 18.68$ 19.41$ Municipal Liquor Store Clerk - 2019 General Laborer - 2019 4 Circulation Assistant/Tech Serv. - 2019 16.90$ 17.61$ 18.29$ 19.02$ 19.79$ 20.59$ Circulation Assistant/ILL - 2019 5 Community Service Coordinator - 2019 17.94$ 18.65$ 19.40$ 20.17$ 20.99$ 21.81$ Administrative Asst. - Library - 2019 Inventory Control Clerk - 2019 6 Circulation Manager - 2019 19.00$ 19.77$ 20.57$ 21.36$ 22.24$ 23.14$ Airport Ops / Maint Tech - 2019 Maintenance Tech - Streets - 2019 Parks Technician - 2019 Forestry Technician - 2019 Equipment Operator - 2019 Sanitation Collector - 2019 Building Trades Technician - 2019 Solid Waste Worker - 2019 7 Office Manager - Streets - 2019 20.15$ 20.94$ 21.78$ 22.67$ 23.59$ 24.53$ Office Manager - Landfill - 2019 Office Manager - Park, Rec & For 2019 Advanced Equipment Operator 2019 Sanitation Leadworker 2019 8 Heavy Equipment Operator Streets 2019 21.35$ 22.20$ 23.12$ 24.03$ 24.99$ 25.98$ Heavy Equipment Operator Landfill 2019 . Code Enforcement Officer 2019 Parks Leadworker 2019 Forestry Leadworker 2019 Shop Supervisor/Mechanic 2019 Building Trades Specialist 2019 Office / Shop Manager - Fire Traffic Control Supervisor 2019 9 Children's Service Coordinator 2019 22.63$ 23.55$ 24.50$ 25.44$ 26.51$ 27.54$ Young Adult Services Coordinator 2019 Engr & Bldg Svcs Tech 2019 Landfill Supervisor 2019 Street Operations Supervisor 2019 10 11 Technology Services Librarian 2019 25.42$ 26.44$ 27.52$ 28.62$ 29.77$ 30.93$ Adult Librarian 2019 12 2019 26.97$ 28.02$ 29.16$ 30.33$ 31.53$ 32.78$ 13 2019 28.59$ 29.71$ 30.91$ 32.15$ 33.46$ 34.77$ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0538,Version:1 Action on the Police Department Union Contract. Summary: Attached is the proposed employee collective bargaining agreement. The Police Department employees are covered under such agreement. Teamsters Local Union No. 120 represents Police Department employees under this contract. The current contract expires at the end of the year and the new proposed contract is for January 1, 2019 to and including December 31, 2019. The City Manager and the Human Resources Director worked with union stewards and the Teamsters Business Agent for the City Police Department group. Chief Dave Erickson participated in the union police contract negotiation meetings. The Police Department member group has accepted the proposed contract and City Council approval to ratify this contract will complete this process. The proposed contract in the packet is in amendment format so you can easily see the changes to the contract that is about to expire. Recommendation: Staff recommends approval Attachments: Contract with track changes Contract Pay Schedule City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ CITY OF BROOKINGS POLICE LABOR CONTRACT 20192016-2018 INDEX Article Title Page Article 278 ..................Alcohol, Drug Abuse & Addiction ................................................. 16 Appendix A .................................................................................... 34 Article 45 ....................Bonds .............................................................................................. 2 Article 245 ..................Break Time .................................................................................... 12 Article 78 ....................Bulletin Boards ................................................................................ 3 Article 457 ..................Business Agents .......................................................................... 310 Article 212 ..................Call-In / Duty Assignments Outside of Regularly Scheduled Hours .. ....................................…………………………………………………………………………………………………..12 Article 435 ..................Check Off ....................................................................................... 30 Article 112 ..................Citizen’s Complaint ......................................................................... 6 Article 156 ..................Committee for Union-Management Cooperation ......................... 7 Article 223 ..................Compensation Time ...................................................................... 12 Article 145 ..................Court Pay ......................................................................................... 7 Article 101 ..................Discharge or Suspensions ............................................................... 5 Article 4850 ................Duration ........................................................................................ 33 Article 302 ..................Professional Development and Educational Leave ...................... 19 Article 3840 ................Firearms ........................................................................................ 27 Article 3941 ................Firearm Qualification .................................................................. 287 Article 910 ..................Grievance Procedure ...................................................................... 4 Article 167B ................Hiring Procedure ............................................................................. 9 Article 35 ....................Holidays ......................................................................................... 22 Article 33 ....................Injury Leave ................................................................................... 20 Article 19 ....................Insurance ....................................................................................... 10 Article 6 ......................Liability Coverage ............................................................................ 2 Article 48 ....................Longevity ....................................................................................... 31 Article 3 ......................Management Rights ........................................................................ 1 Article 31 ....................Medical Leave of Absence ............................................................ 19 Article 9 ......................Military Leave.................................................................................. 3 Article 27 ....................Miscellaneous ............................................................................... 15 Article 4 ......................Non-Discrimination ......................................................................... 2 Article 20 ....................Pay Periods .................................................................................... 11 Article 18 ....................Pensions ........................................................................................ 10 Article 43 ....................Political Activity ............................................................................. 29 Article 32 ....................Professional Development and Educational Leave……………………..19 Article 26 ....................Promotions.................................................................................... 13 Article 1 ......................Recognition ..................................................................................... 1 Article 51 ....................Reopener ....................................................................................... 33 Article 13 ....................Reprimand ....................................................................................... 7 Article 49 ....................Safety Policy .................................................................................. 31 Article 37 ....................Schools & Training ........................................................................ 24 Article 17A ..................Seniority .......................................................................................... 8 Article 2 ......................Separability and Savings Clause ...................................................... 1 Article 29 ....................Sexual Harassment ........................................................................ 16 Article 24 ....................Shift Differential ............................................................................ 12 Article 30 ....................Sick Leave ...................................................................................... 17 Article 34 ....................Special Leave ................................................................................. 20 Article 7 ......................Stewards ......................................................................................... 3 Article 38 ....................Travel and Expense ....................................................................... 26 Article 39 ....................Uniforms and Equipment ............................................................. 26 Article 46 ....................Union Business and Representatives ........................................... 30 Article 36 ....................Vacations ....................................................................................... 23 Article 42 ....................Vehicles ......................................................................................... 28 Article 44 ....................Wages ........................................................................................... 30 Article 14 ....................Work Rules ...................................................................................... 7 Article 21 ....................Work Week ................................................................................... 11 1 CITY OF BROOKINGS - POLICE LABOR CONTRACT THIS AGREEMENT made and entered into this 1st day of January, 20196, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION 1A. The employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: 1A.1 All regular full-time employees employed in the Police Department of Brookings, South Dakota, including Patrol Officers, Sergeants, Investigators, Communication Operators, Police Clerk, Animal Control Officer, excluding the Chief, Assistant Chief, Lieutenants, Communications Commander, part-time personnel and all other City employees. 1B. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of this Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of this Agreement shall continue in force and effect. 3. MANAGEMENT RIGHTS 3A. The Union recognizes the prerogatives of the City Manager and City Council of the City to operate and manage its affairs in all respects in accordance with its responsibility and the powers of authority which the City has not offici ally abridged, delegated, or modified by this Agreement, and such powers and authority are retained by the City. 3B. These management rights include, but are not limited to the following: 3B.1 To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train, or re -train employees in positions with the City, and to suspend, discharge or take positions with the City, and to suspend, discharge or take other 2 appropriate action against employees for just cause; 3B.2 To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 3B.3 To determine the objectives of the City and the method and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); the purchase and utilization of equipment; and the utilization of seasonal and part -time employees, as long as no full-time employees are laid off; 3B.4 To provide reasonable standards and rules for employees; and 3B.5 To determine the method of fulfillment of the objectives of the City, whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 4. NON-DISCRIMINATION The Employer and the Union agree not to limit, segregate, or classify employees in any way to deprive any individual employee of employment opportunities, or discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, creed, sex, age, disability, or national origin, sexual orientation, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. Any employee who feels they have been discriminated against should bring this concern to his/her supervisor, or high authority, according to the grievance procedure specified in Section 10 of this contract. 45. BONDS Should the Employer require an employee to give bond, all premiu ms of such bond will be paid by the Employer. 56. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. 3 67. STEWARDS 67A. The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 67A.1 Investigation and presentation of grievances to Employer or the Employer representative in accordance with the provisions of this Agreement; 67A.2 Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during working hours without loss of pay, provided that it does not interfere with the efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 78. BULLETIN BOARDS The Employer agrees to provide adequate space on its bulletin boards for Union business notices. Union space will be allocated. 89. MILITARY LEAVE 89A. Regular full-time employees serving in the Military Reserve, National Guard or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City up to a maximum of two weeks per calendar year. If such service exceeds two (2) weeks, the City will not supplement the pay beyond the initial two week period. There will be no loss of seniority, and employees may utilize vacation leave. Service pay shall include quarters allowance, in addition to base pay. 89B. Medical benefits will be extended for thirty (30) days for al l Military personnel called to active duty. 89C. All applications for military leave must be approved by the Chief or his designee. The request must be accompanied by a signed copy of the military orders. 89D. Employees having attained seniority with the City, who are compelled by Federal 4 and/or State Law to serve in the military forces during a period of war or emergency shall: 9D.1 Continue to accumulate seniority with the City during his/her absence. 9D.2 Give the City written notice within ninety (90) days after he/she is eligible for discharge from the service of his/her desire to return to work. The date he/she desires to return to work shall be contained in such written notice and shall not be later than ninety (90) days after he/she is eligible for discharge. 9D.3 After provisions in the above section 9D.2 have been carried out, the employee shall return to work provided he/she is physically qualified to do so and the regular rules of seniority shall prevail. 910. GRIEVANCE PROCEDURE 910A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. or City policies or ordinances or changes in working conditions affecting the employees covered by this Agreement. 910B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. 910C. Failure to resolve the grievance with the supervisor, the grievance shall be reduced to writing and submitted to the City Manager and the Local Union within ten (10) calendar days following the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or business representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or her designee shall meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 910D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3 -18-15.2. The appeal must be initiated by the employee or the Local Union within t hirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appeal ed within the specified time limit or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary, the employee and/or the Union may elect to commence the grievance procedure at the level of the City Manager. 910E. Time limits may be extended by mutual agreement. 910F. The Union has the authority to abandon a grievance. Abandonment of a Formatted: Normal, Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0.5" Formatted: Normal, Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0.5" 5 grievance shall not set a precedence. 1011. DISCHARGE OR SUSPENSION 101A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to a n employee before he is discharged or otherwise disciplined if the cause of such discharge is: 101A.1 Dishonesty; 101A.2 Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during the work shift. An individual will submit to a portable breath test if the presence of alcohol is suspected. In the event PBT shows positive, employees shall be offered the opportunity to submit to a blood test and the expense of the blood test will be upon the City if the results are negative and upon the employee if results are positive; 101A.3 Personal possession or use of illegal drugs; 101A.4 Recklessness resulting in a serious accident while on duty; 101A.5 Failure to report an accident or criminal incident while on duty; 101A.6 Conduct which is unbecoming of an officer. 101B. It is understood that there are other offenses of extreme seriousness that an employee will be discharged for without a warning letter. Depending upon the circumstances and upon just cause, a lessor discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the Department Head, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. 101C. Time limitations of such warning letter shall be consistent and uniform among like incidents but in no instance, shall it be for more than eighteen (18) months from the date of the incident causing this issuance. 101D. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 6 112. CITIZEN’S COMPLAINT Citizen complaints against officers shall be divided into two categories: non -criminal conduct and criminal conduct. Any citizen wishing to lodge a formal complaint agains t an officer shall be directed to the Office of the Chief of Police for determination of category and merit. The officer will be notified at a time appropriate based upon the circumstances of the investigation. 112.1 – Non-Criminal Complaints: Upon receiving a complaint and determining the complaint to be non-criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted internally by a command level officer designated by the Chief of Police or his designee, and may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 112.2 – Criminal Complaints: Upon receiving a complaint and determining the complaint to be criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted either internally by a command level officer, or by investigators from outside agencies so as to avoid any conflict of interest issues as chosen by the Chief of Police or his designee. The investigation may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 112.3 – Determinations and Findings: Upon completion, the investigation summary shall be forwarded to the Chief of Police for review. The findings of the investigation shall be classified as follows: Sustained: The complaint is determined to be factual. Exonerated: The officer(s) did not commit the offense as stated. Unfounded: The allegation is false or not factual. Not Sustained: Not enough evidence to prove or disprove the allegations were found. Dismissed: The complainant withdrew the complaint or failed to cooperate with the investigation. 112.4 – Final Action: If upon completion of the investigation the complaint is sustained, the Chief of Police shall initiate the proper disciplinary action consistent with the City of Brookings Police Labor Contract and the policies of the City of Brookings and the Brookings Police Department. 112.5 – Officer Recourse: Any officer or employee who disputes either the findings of the investigation, or any associated disciplinary action resulting from the investigation, may protest the matter through the established Grievance Procedures of the City of Brookings Police Labor Contract and the Brookings Police Department. 123. REPRIMAND Any reprimand that can become part of an officer’s official record or result in 7 suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative p resent. 134. WORK RULES Department General Orders, Work Rules, and the Department Policy and Procedure Manual shall be reviewed by the Chief and City Manager to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. 145. COURT PAY In the event an employee is required to make an off -duty court appearance, he/she shall be paid a minimum of two (2) hours at time and one -half (1 1/2) his/her regular rate of pay. Each session of court, morning and afternoon, shall constitute a separate appearance if the officer is required to appear at both. Court time paid at time and one-half shall not be counted toward the officer’s eighty (80) hour bi -weekly schedule. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. 156. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 156A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either part. They also recognize that during such period more mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and no n-management employees, if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and understanding of each other’s problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through the extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below: 156B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining 8 negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of this Agreement. In agreeing to such meetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 156C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting the health, life, and a limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City Employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. 156D. The committee shall be composed of two (2) members designated by the Union and two (2) members designated by the City. Any recommendations must be adopted by a majority of the committee. 167. PERSONNEL POLICIES 167A. SENIORITY 167A.1 Seniority rights for employees shall prevail. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the Police Department bargaining unit. 167A.2 New employees will be considered probationary employees for twelve (12) months from the date of employment. Should a probationary employee be absent from the job for an approved leave without pay, the probationary period will be extended to enable employees to complete their full probationary period. 167A.3 During the probationary period, employees shall have no seniority status, and may be laid off or terminated at the sole discretion of the City without regard to length of service. When an employee completes his/her probationary period, his/her seniority date shall revert back to his/her original date of hire. 167A.4 On January 1 of each year, the employer shall post a current seniority list and shall submit a copy to the Union. Seniority will be classified as follows: a) All sworn personnel; b) All non-sworn personnel; 9 167A.5 Employees hired from non-sworn to the sworn classification or vice versa, shall maintain their seniority for the amounts of vacation but shall go to the bottom of the list in the new classification for all other purposes. Part-time employees obtaining full-time positions shall be considered as a new hire for all purposes. 167A.6 Seniority and employment relationship shall terminate when an employee: a) Quits; b) Is discharged for just cause; c) Is retired. 167A.7 All scheduled or otherwise anticipated overtime shall be offered by seniority to qualified available personnel unless such overtime requires a special skill or is in accordance with the employee completing an assigned regular shift. Management reserves the right to offer or immediately assign overtime resulting from unexpected, unforeseen, or emergent circumstances without consideration of seniority. It is understood that all overtime must be authorized by the Chief of Police, or designee. 167A.8 Vacation will be granted on a first come – first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 167A.9 In the event of a layoff, the last employee hired shall be laid off first in the sworn and non-sworn classifications as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective classifications. 167B. HIRING PROCEDURES The following shall set forth the general procedures for hiring police officers in the City of Brookings: 167B.1 In the event of an opening within the bargaining unit by virtue of the City Manager granting approval to fill a vacancy in the Brookings Police Department, or to add additional police officers, a Notice of Job Opening shall be posted at City Hall and within the Police Department. for five (5) working days prior to further publication of the opening. 17B.1.a All Bargaining Unit employees may apply for a vacant position through the internal posting process prior to the position being posted externally. 17B.1.b In the event the Department Head desires additional 10 applicants, the City may advertise and test external applicants. 178. PENSIONS Retirement benefits shall remain as now provided, but they shall not be in any manner reduced or lessened during the period of this contract, unless the changes are beyond the control of the City. 189. INSURANCE 189A. The City offers group health, dental, vision, accident, and life insurance options for all full-time employees in the bargaining unit and their dependents electing to be covered by such insurance. The City shall pay 85% of the group health coverage; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life and AD&D insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 189B. If husband and wife are both employed by the City of Brookings, the City shall provide only one or the other with health insurance coverage. The one not covered may be named as dependent. 189C. Upon receipt of notification by the insurance carrier that changes are needed, the City will, in turn, notify the Union for purposes of soliciting comments and suggestions. 189D. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full-time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 189E. New employees desiring health, vision and life insurance coverage must enroll within thirty (30) days of the first day on which they are eligible for coverage to 11 avoid incurring an additional waiting period prior to the application of coverage. The waiting period to enroll in dental insurance is 90 days from the date of hire. New employees not enrolling within thirty days after the employee is firs t eligible for coverage, or current employees not currently on the Health Insurance Plan (and in the absence of a qualifying event) will be considered late applicants. Late Applicants are required to make a written request for late enrollment and will be subject to an 18 month waiting period. At the end of the 18 month waiting period, the late applicants will be eligible to join the plan with no pre-existing condition limitations. Employees who terminate their employment will terminate the group plan upo n date of termination, and may transfer to an individual contract or may continue group coverage through COBRA. However, the total premium will be paid by the terminated employee. Arrangements must be made prior to employee’s last day of employment. 1920. PAY PERIODS All employees covered by this Agreement shall be paid in the same manner as all other City employees are paid, on a monthly pay period. 201. WORK WEEK 201A. Employees shall be paid for all time spent in the employ of the Employer. 201B. Employees shall be compensated at the rate of time and one-half for all hours required to work prior to and/or beyond scheduled shift (excludes shifts of less than 8 hours per day); on a scheduled day off; or in excess of forty (40) work hours per week for office personnel and dispatch; or in excess of eighty (80) hours in a two week period for police officers. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other benefit leave, will not be used in the computation of overtime. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. If trading of shifts results in required payment of overtime based on FLSA guidelines, the trade will not be allowable or approved. 201C. Full-time clerical employees shall be scheduled Monday through Friday and Saturdays and Sundays off except for temporary, unusual or emergency situations. 201D. Employees required to work when their shift commences on Easter Sunday shall be compensated with five (5) additional hours of straight time pay. 201E. Pyramiding of overtime will not be allowed. 201F. The City agrees during the term of this contract to continue its policy regarding the replacement of employees at shift change. 12 201G. Part-time employees shall be scheduled as needed. 212. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours for work performed. The employee shall report to the ranking supervisor, up to Lieutenant, on duty senior individual on duty to perform any additional duties necessary in an attempt to work for the entire minimum period. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. In the event the employee is on vacation, the employee may elect to take compensation time to be credited back to vacation in lieu of monetary compensation. If employee chooses not to work for the entire minimum period, the employee shall be compensated only for the hours actually worked. DUTY ASSIGNMENTS OUTSIDE OF REGULARLY SCHEDULED HOURS Employees with special duties outside of their regularly scheduled hours will be compensated a minimum of two (2) hours at their overtime rate of pay or compensation time. Clarification of special duties may include, but is not limited to, reserve coordinators, certification instructors (such as Fire Arms, Tasers, Radar, DUI, etc.) School Resource Officers, Safety Town, Field Training Officers, and Communications Training Officers. 223. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-half (1 1/2) or designate comp time upon approval of Department Head in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) hours for both sworn and non-sworn personnel with the exception of designated active certified Communication Operator Trainers and Field Training Officers, who will be allowed to carry over eighty (80) hours from one calendar year to the next. Use of comp time must be approved by the Department Head and may not result in over time needing to be paid to cover a shift, or cause a shift to fall below minimum staff levels. 234. SHIFT DIFFERENTIAL 234A. Full-time employees working between 6:00 P.M. and 7:00 A.M. shall be paid an additional eightysixty cents ($.860) per hour for time worked between those hours. 234B. Full-time employees working from 6:00 P.M. Friday until 7:00 A.M. Monday and all hours worked during a city recognized holiday shall receive eighty sixty cents ($.860) per hour additional. 245. BREAK TIME 13 245A. Employees who are scheduled to work an eight (8) hour shift shall be granted a twenty minute paid break during the first four (4) hours, and a twenty minute paid break during the second four (4) hours of their shift. Employees who are scheduled to work a ten (10) hour shift shall be granted a twenty-five minute paid break during the first five (5) hours, and a twenty-five minute paid break during the second five (5) hours of their shift. Employees who are scheduled to work a twelve (12) hour shift shall be granted a thirty minute paid break during the first six (6) hours, and a thirty minute paid break during second six (6) hours of their shift. 245B. Dispatchers will not be allowed to leave the Police building, to include designated smoking areas, during their breaks unless there are at least two dispatchers on at that time. However, if the supervisor on duty deems it necessary, dispatchers will be required to remain in the building even when there are two on during a shift. 245C. Employees filling out reports shall be allowed coffee or soft drinks while performing this work without it being considered a break, as long as the amount of time is reasonable. 245D. Employees shall be allowed to combine break periods for a total of forty (40) minutes during an eight (8) hour shift, fifty (50) minutes during a ten hour shift , and sixty (60) minutes during a twelve hour shift . 245E. Rest periods may not be accumulated for time off or used to leave work early, and are not guaranteed if missed because of operational requirements. 256. PROMOTIONS 256A. Promotion to positions within the sworn personnel in the bargaining unit shall be filled from lists of employees and personnel obtained through open and competitive written examinations, oral interview, seniority and education. Such examinations shall be on the basis of openings contemplated and shall be conducted by the City of Brookings after advertisement of the fact of giving such examinations and the terms in respect to grading and other relevant matters. The list shall be maintained for one (1) year from the date of the examination, at which time the list shall expire and new vacancies shall be filled by a new examination. 256B. In the event of retirements, resignations, and other terminations of employmen t wherein the position involved is not eliminated, and cash payment is made for accumulated benefits, the City reserves the right to delay filling the position until such time as the savings from such a delay equals the total amount of cash payment. 14 256C. Service requirements for the position of Sergeant require a minimum of three (3) years experience as a law enforcement officer including two (2) years with the Police Department of Brookings, South Dakota. 256D. In the event there are no qualified employees with the required service time, consideration shall be given to those employees who are qualified, but have not achieved the service requirement. 256E: A written test shall be administered and shall count up to twenty (20) points. Candidates receiving fourteen (14) points or more, a minimum equivalent of 70% of correct answers, on the written test shall be selected for an oral interview with an interview panel established by the Chief of Police. The oral interview shall count up to forty-five (45) points. Oral Interview points shall be determined by calculating the composite score from a Police Department interview questionnaire and the score of the Human Resource Critical Competencies battery. 256F. The most recent annual evaluation shall count up to ten (10) points. 256G: Training shall count (1) point for each 20 hours of certified training up to fifteen (15) points, excluding the twelve (12) week certification school and other training required by the State of South Dakota. Certified training is that training reported on the South Dakota Law Enforcement Training Personnel Profile Report. Training hours received after the promotion application deadline shall not be considered in calculating training points. Education shall count (2) points for an Associate Degree, three (3) points for a Bachelor Degree, and four (4) points for an Advanced Degree. One (1) point shall be counted for sixty (60) or more college credit hours earned from an accredited institution, but no degree received. Transcripts shall be required to verify credit hours earned. 256H. Seniority shall count one (1) point per year to the maximum of ten (10) points. 256I: A composite score shall be calculated from the oral interview, evaluations, education and training, seniority and test scores. Candidates with a composite score equal to or greater than 75% of the maximum composite score shall be eligible for selection to an interview by the City Manager and the Chief of Police. The maximum composite score shall be 104 points. Candidates receiving 78 points or more shall be considered an eligible candidate. Written Test: 20 Oral Interview: 45 Training: 15 Education: 4 Formatted: Indent: Left: 1" 15 Evaluation: 10 Seniority: 10 Upon completion of the final interview, the Chief of Police, in consultation with the City Manager, shall have full discretion in selecting an eligible candidate for promotion. Final approval of the selection must be made by the City Manager with the decision based on seniority, skills, ability, job performance, and qualifications. If skills, ability, job performance, and qualifications are relatively equal, then seniority shall be the determining factor. 256J. All job descriptions to include any changes will be posted. 256K. Upon written request, officers shall be given their written test score results. 256L. Permanent promotions/transfers from a position or Department to a new regular full-time position in the same or different Department shall require the transferred or promoted employee to serve a new probationary period not to exceed 90 days. 267. MISCELLANEOUS 267A. Employees may maintain residence outside the city limits. 267B. Employees may request time off without pay. 267C. In the event of an absence of a supervisor, the Chief of Police may designate an officer as acting supervisor to assume all duties of the absent supervisor. An employee that is designated as acting supervisor will accrue one (1) hour of compensation time (x1) for a full eight (8) hour shift; one and one-fourth (1 ¼ hours (x1) for a full ten (10) hour shift; and one and one-half (1 ½) hours (x1) for a full 12 hour shift to be utilized at a mutually agreed upon time as approved by his/her supervisor and/or Chief of Police. Any employee desiring not to act as supervisor shall be allowed not to do so by advising the Chief of Police in writing. 267D. An accessible locker will be provided for the personal effects of dispatchers. 267E. A secure cabinet will be provided in the ladies restroom. 267F. The Police Building and all department vehicles will be non-tobacco with a designated smoking area being provided outside the southwest door of the department. 267G. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00, at a locally accredited wellness/fitness center. To be eligible for reimbursement, the employee must present proof of attendance of an average of two (2) times per week or eight (8) 16 times per month during that month which is to be reimbursed. The City will not participate in any way in initiation fees. 267H. SRTSWAT team members will be paid an additional $1.00 per hour of Hazard Pay when called out. SRTSWAT training hours are not included. 278. ALCOHOL, DRUG ABUSE AND ADDICTION EMPLOYEE ASSISTANCE PROGRAM 278A. The City recognizes alcohol/drug abuse and addiction and other medical behavior problems as treatable illnesses. 28B. Employees having these illnesses will be given the same consideration and offered assistance presently extended to employees having any other illness. Employees who suspect they have an alcohol or drug problem are encouraged to seek confidential counseling and/or referral information by contacting their Department Head or the City Human Resources Director. 278BC. Employees’ job security or promotional opportunities will not be jeopardized by their request for assistance in problems relating to alcohol/drug abuse and/or addiction. Employees who refuse evaluation or diagnosis (treatment if indicated) and who do not respond to treatment will be handled in accordance with City policy for unacceptable job performance or appropriate discipline. 29. SEXUAL HARASSMENT 29A. Sexual harassment is a grievable offense when it meets the following criteria: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: 29A.1 submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 29A.2 submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 29A.3 such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment. 29B. If an employee feels that he/she is being sexually harassed, he/she should make his/her feelings known to the offender. If the problem is not resolved, report the harassing behavior to a supervisor. If that is not practical, employees are encouraged to report the situation to his/her Department Head, Human Resources Director or City Manager. 17 29C. If employees have questions about sexual harassment, they are encouraged to contact the Human Resources Director or the Employee Assistance Program (EAP). 2830. SICK LEAVE 2830A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 2830B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to two thousand eighty (2,080) hours of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. In order to earn the accrual of sick leave for a given month, the employee must work or use paid leave for at least 50% of the hours payable in t he payroll month. 2830C. Request for sick leave must be approved by the Department Head prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify his/her supervisor of his/her recovery. 2830D. Leave request may not exceed the amount of leave accumulated. 2830E. Sick leave shall be paid at the employee’s regular hourly rate and employees may use sick leave in no less than one-fourth (1/4) hour increments. 2830F. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 2830G. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 2830H. Employees on unpaid leave of absence in excess of one -half month will not accrue any leave for that month. 2830I. Sick leave shall be granted to employees: Formatted: Font: 12 pt 18 2830I.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 2830I.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 2830I.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, and dependent(s) residing in the employee’s home to include step - relatives in the same categories. After three consecutive sick days, the employee’s department head and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 2830I.4 when, through exposure to a contagious disease, the presence of the employee at his/her post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 2830I.5 for up to twenty (20) working days of paid sick leave for the adoption of a child and up to three working days of paid sick leave for the father employee of newborn child(ren) to assist with care and delivery. If employee is eligible for the provisions of the Family Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual must be used to cover additional leave period, however. 2830J. At the discretion of the Chief of Police, employees who cannot perform their regularly assigned duties, may be assigned limited duty, which will not, as certified by a medical practitioner, aggravate the illness or disability. 2830K. After ten (10) years service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. 2830L. All medical related incidents including reasonable travel time and recuperation time shall be chargeable toward sick leave. 19 2931. MEDICAL LEAVE OF ABSENCE 31A. City of Brookings employees must complete medical leave of absence paperwork for all medical related time away from work which exceeds or is expected to exceed 7 (seven) calendar days. Employees with sick leave accrual in his/her balance may use sick leave for absences with a doctor’s certification of the inability to work. 31B. Employees anticipating the need for a medical leave of absence will be allowed to work until a doctor’s statement is received indicating that the employee has restrictions for which the employer is unable to accommodate. If the City is unable to accommodate restrictions and/or the employee is unable to perform the essential functions of his/her position, the employee may be involuntarily placed on sick leave as a reasonable accommodation. 2931AC. The City of Brookings and the Union agree to comply with guidelines set forth in the Family Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the law. 31D. The employee shall be allowed to take a medical leave of absence with pay until his/her sick leave is exhausted as long as the employee has a physician’s certification stipulating the inability to perform job duties. Employees who have not accumulated a sufficient amount of sick leave to use during the medical leave of absence will have to utilize vacation leave. Upon exhaustion of vacation leave, a leave of absence without pay may be requested. 2931BE. A leave of absence for the birth of a child shall be treated as any other illness or temporary disability. 302. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Department Head, with the approval by the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received, will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period of two (2) months for each month of educational leave taken. City shall make every effort to reschedule employees desiring to attend college classes either by allowing time off the shift or by employees trading shifts. Time off shall be made up the same day or at a mutually agreed time. An employee requesting to attend college classes 20 which may interfere the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 313. INJURY LEAVE Injury leave applies only to injuries sustained through an accident while on the job. An employee injured through an accident while on the job must promptly notify his/her Department Head or supervisor. All medical and hospital expense shall be paid for in accordance with Workers’ Compensation and City policy. The City policy on injury leave shall be to compensate the employee up to a maximum of nine hundred sixty (960) work hours at the rate of pay he/she was making at the time of the accident, less the amount he/she receives from Workers’ Compensation. After the nine hundred sixty (960) hour period, the employee may elect to use accumulated sick leave and/or vacation credits to continue receiving his/her full pay. Should the employee not elect such action or should he/she exhaust all accumulated credits, he/she may apply for disability under the provisions of the Workers’ Compensation Act or the Retirement Fund. Once the employee is no longer receiving full compensation from the City, he/she will be eligible to receive compensation payable under the Workers’ Compensation Act in addition to eligible retirement benefits. All vacation, sick leave, and holiday leave earned while on injury leave shall accrue at the employee’s regular rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s Compensation and/or results in lost time of less than seven consecutive days, the employee will be required, at the employee’s option, to utilize sick, vacation, compensation time or leave without pay for those days which they are absent from work. Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor appointments, etc. once seven day loss time requirement has been met. 324. SPECIAL LEAVE 324A. Leave With Pay - The Department Head will grant a leave of absence with pay to regular full-time employees for the following reasons and with these restrictions applied: 324A.1 Funerals – The City will permit regular full-time employees to be absent from work, without loss of pay, based on his/her regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral of the immediate family or a relative. Immediate family for bereavement leave includes the following: Spouse, parents, son, daughter, brother, sister, legal guardian, grandparents, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- law, or sister-in-law. The bereavement benefit will also be granted for step-relatives in these same categories. 21 Pay shall be granted twelve (12) hours for employees on twelve (12) hour shifts, ten (10) hours for employees on ten (10) hour shifts, and eight (8) hours for employees on eight (8) hour shifts. Additional time may be charged to vacation or sick leave at the discretion of the Chief. In the event of a funeral of a relative outside of the aforementioned, or a close friend, the employee may take a reasonable amount of time off with p ay to be charged to vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. 324A.2 Voting - Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent him/her from voting before or after regular working hours. 324A.3 Jury or Court - If any employee is called for jury duty, he/she shall continue to be paid at his/her regular rate. Upon returning to work, he/she shall reimburse the City for the amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 324B. Leave Without Pay – Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the approval of the Chief of Police, Human Resources Director and City Manager, and providing all vacation and/or sick leave has been exhausted. 324B.1 Leave without pay must be requested in writing stating the circumstances in full as to why such leave is requested. This request must be submitted to the Chief prior to the leave. 324B.2 The request will be considered on the basis of the present workload or anticipated workload, and the circumstances of the request. 34B.3 A leave of absence without pay will not be granted to seek other employment. Leave of absence without pay is a benefit offered to employees who have exhausted their vacation leave. Employee on a leave of absence for less than sixty (60) calendar days will continue to accrue seniority and their job will be held for them if agreed upon by the dept. head and City Manager at the time the leave of absence without pay is approved. Employees on a leave of absence in excess of fifteen (15) calendar days in any one-month will not accrue any leave for that month and must pay for the entire cost of insurance if they wish to continue coverage. No other benefits will be provided by the City during a leave of absence without pay. An employee’s anniversary date will not 22 be affected unless the leave of absence is in excess of sixty (60) calendar days; then the anniversary date will be changed according to the number of days the employee is absent from work without pay. 324B.43 In a case of a declared disaster or emergency situation, regular full-time employees may request up to 15 work days off without pay per calendar year to assist in other areas if appropriate documentation is presented to substantiate the need for such leave. Such time off would not affect the accrual of benefits for th e month. 34B.5 Any other leave of absence that is not covered in this contract shall be determined on an individual basis by the Chief. 335. HOLIDAYS 335A. It is the policy of the City of Brookings to afford all regular full -time employees ten (10) paid holidays each year. The City recognizes the following holidays: New Year’s Day Veteran’s Day President’s Day Thanksgiving Day Memorial Day Christmas Day Independence Day Native American Day Labor Day Martin Luther King Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. 335B. “Holiday pay” shall be defined as eight (8) times the straight time hour ly rate and cannot be used in increments of less than 8 hours. 335C. Employees who are scheduled to work, and who work, one of the above city recognized holidays will be compensated for holiday pay (as defined above in 35B) for that specific holiday and overtime pay (time and one-half) for all hours actually worked. 335D. Employees will only receive overtime pay (time and one-half) if the holiday falls on the day as their shift starts. 335E. Employees who are on a regularly scheduled day off or on a paid leave of absence when one of the above city recognized holidays occur, will be allowed to bank the holiday for use at an alternate agreed upon time within one (1) year of the specific holiday for which it was earned. In the event the employee would normally be scheduled for a ten (10) or twelve (12) hour shift, the employee will be allowed to supplement this day with comp time or vacation leave in order to total ten hours of leave at the time the leave is taken as applicable. This day 23 shall be mutually scheduled with the Chief. 335F. Employees on vacation when one of the above city recognized holidays occur, will receive holiday pay for that specific holiday and will not be charged for that day as vacation time. 335G. Holidays shall be observed on the actual day they fall except clerical employees shall observe them on the day as all other City employees do unless otherwise approved in advance by the Chief of Police. 335H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, to qualify for the above holiday provisions, the employee must work their last full scheduled shift preceding the holiday or their first full scheduled shift following the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for the date(s) absent. 335I. An employee who is on unpaid leave of absence or suspension without pay will not be eligible for holiday pay for a designated holiday observed during the leave of absence or suspension. 346. VACATIONS 346A. Vacation leave for all eligible employees for each vacation year is based upon length of service. In order to earn the accrual of vacation, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 346B. Employees shall accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 yrs of service - 10.00 hours per month After ten but less than 20 yrs of service- 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned on the 15th of the month and credited to the employee on the pay day of that month, provided all other necessary provisions of the article have been met. Said vacation leave shall not be available to the employee until the day following payday. 346C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the discretion of the Department Head. Employees may accumulate up to two hundred eighty (280) hours of vacation leave. 24 346D. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 346E. Employees will not receive additional vacation time off due to illness or disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 346F. Request for vacation leave must be approved by the employee’s department head prior to that time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests shall not exceed the amount of leave accumulated. Requests for vacation leave that will result in the department being below the required minimum staffing must be requested ten (10) days prior to taking such leave. 346G. Employees who are laid off or discharged, who resign or retire after giving two weeks notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro rate basis according to the time worked during the current year. Cash payments in place of vacation privileges are not permitted. 346H. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous and not recommended by local authorities. This leave will be granted with the approval of the department head. 346I. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Police Chief directly for such determination. 357. SCHOOLS AND TRAINING 357A. The employer agrees to budget for job related education and trainingcontinue to encourage employees to obtain job related education and training. Schools and training shall be posted on the Police Department bulletin board and employees interested shall sign the posting. Local training opportunities shall be listed on the patrol room electronic display. The Chief or their designee will determine which employees will attend schools or training. Training opportunities will be based on the needs of the Department. The Department shall allow as many employees as possible to attend schools and training . In determining which employees may attend, the Department shall take into consideration of specialized classifications, seniority, budget, and the program’s relevance to the police department’s overall training plan will be considered. 37B. The Police Chief will schedule or reschedule interdepartmental training on an employee’s normally scheduled shift to avoid the necessity of officers working in excess of their normally scheduled shift hours during the twenty-four (24) hour 25 period whenever possible. 357BC. It shall be the responsibility of each employee to provide verification of completion of the above training to the City to be placed in their records. Training completed prior to January 1, 1987, shall be limited to that which is presently recorded with the Law Enforcement Training and Standards Commission. Each employee, upon request, shall be entitled to review their personal file. 357CD. Employees who attend authorized training outside of the department will be compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Chief of Police, based upon FLSA guidelines. Employees who would normally be scheduled to work ten (10) or twelve (12) hour shifts on days they are in training will be allowed to supplement the eight (8) hours with two (2) or four (4) hours of vacation or comp time. 357DE. All mandatory training scheduled outside the individual employee’s regular shift will result in the officer being afforded comp time in accordance with this Agreement. 357EF. Police Officer employees, upon hire, shall be required to sign an agreement, in the event of resignation, for reimbursement for cost of wages, transportation, testing expenses, and benefits to include insurance, FICA, and retirement while completing Field Training and Academy attendance at a reimbursement rate of 75% if resignation is within the first year of employment and 50% if resignation is within the second year of employment. 357FG. The City agrees to provide for field training certification for up to four (4) officers. Officers may apply for the position of FTO once they have served for three (3) years with the Brookings Police Department. Officers with two (2) years experience with the Brookings Police Department and a minimum of one (1) year experience with another law enforcement agency are also eligible to apply. Selection of Field Training Officers will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as an FTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. Final selection will be made by the Chief of Police. Employees certified as a field training officer (FTO) who are engaged in training new recruits as part of the Field Training Program will accrue one hour of compensation time (x1) for each 8 hours of training provided. 357GH. The City agrees to provide for training/certification for up to two (2) communication operator trainers. Selection of the Communication Operator Trainers (CTO) will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as a CTO. The process may include a review of the employee’s training and annual evaluation records and a personal 26 interview. Final selection will be made by the Communication Commander and Chief of Police. Employees certified as a communication operator/trainer who are engaged in training new recruits as part of the Communication Operator Training Program will accrue one hour of compensation time (x1) for each 8 hours of training provided. All communication operator training hours will be documented on a form authorized by the Communication Commander and Department Head. 368. TRAVEL AND EXPENSE 368A. The Chief of Police must approve all same day travel in the State of South Dakota. The Chief of Police and City Manager must approve all overnite travel and travel outside the State of South Dakota. Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by City travel policy for authorized travel. The most direct route shall be traveled, and mileage will be paid in accordance with current City schedules. 368B. The City shall reimburse travel time according to FLSA guidelines for all authorized training. Pre-authorization by the Chief of Police is required at least seven (7) days prior to the training. 379. UNIFORMS AND EQUIPMENT 379A. The Employer will provide and issue all normally armed employees with a handgun, badges, handcuffs, protective head gear, and stocking hats. 379B. The Employer shall provide all ammunition annually which is needed and necessary for the performance of the duties. Ammunition for the on -duty use shall be of high quality. Practice ammunition shall be provided by the Employer during annual qualifications. 379C. Employees shall be issued at least three (3) sets of uniforms which shall be replaced as needed. Car coats and jackets will be issued for sworn employees only, not to exceed two (2). After two (2) years service, employees shall turn in their uniform items before being issued new items. Officers will be issued a bullet proof vest and will be required to wear it at all times they are on patrol duty and investigators when executing search warrants. 379D. Investigators shall be granted a three hundred fifty dollar ($350.00) uniform allowance each January 1. Police uniforms provided shall be deducted from said amount. 379E. The Employer agrees to reimburse employees the actual cost less ten percent (10%) of employee’s personal items damaged in the line of duty not as a result of the employee’s negligence or misconduct including only the following: Eyeglasses, watches, weapons, and tape recorders 27 Civilian clothing (if required) (Maximum $250.00 per item) This section does not apply to items of personal property covered by or reimbursed pursuant to South Dakota compensation laws. If an employee is reimbursed for the damage from any other source, he shall reimburse the City for any payments made hereunder. The City agrees to replace any item damaged due to work related incidents within two (2) weeks. Upon receipt of purchase, the City will reimburse up to $100.00 (One hundred dollars) for leather to all permanent, sworn officers who did not receive the entitlement when it was originally provided. 379F. A boot allowance for reimbursement of $100.00 every year be provided to Police Officers for the purchase of work boots. The $100.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the police officers purchase the boots needed for their jobs, it will be their responsibility to provide a copy of the actual receipt to the Chief of Police. The receipt will be used to track the amount of money used each year by police officers for the boot allowance. 3840. FIREARMS The City shall provide weapons for all officers. 3840A. The required on-duty weapon package as designated by the Chief will consist of a .40 caliber semi-automatic pistol with two (2) extra clips, double clip holder and holster. 3840B. Those officers who choose not to purchase the .40 caliber weapon will be issued the complete .40 caliber weapon package by the City for on duty use. The City issued weapon package shall be returned to the Chief of Police or his designee upon separation of employment. 3840C. During the probationary period, the City will issue new officers their duty weapon and required leather accessories. The serial numb er, make and model will be registered with the Chief. 3840D. Standards for non-uniform officers weapons shall be set by the Chief of Police. 3840E. The officer will maintain the on-duty firearm at a satisfactory level to insure proper functioning of the firearm. 3840F. The firearm will be inspected for up-keep, maintenance and proper functioning four (4) times a year by a designated firearms instructor within the Department. If any malfunction or discrepancy is found in a firearm that the officer has purchased, the cost to replace or repair will be at the officer’s expense. 28 3941. FIREARM QUALIFICATION 3941A. There are three distinct types of firearm exercises, each of which shall be scheduled at the discretion of the Chief of Police. These are: 3941A.1 Firearm Training: These exercises shall be supervised by a qualified instructor, and officers are therein instructed on proper firearm use. Necessary ammunition and targets shall be provided by the City at the time of the scheduled training exercises. 3941A.2 Firearm Practice: Each officer shall be given two hundred (200) rounds of ammunition and targets to be utilized during practice exercises. Officers will have one practice shooting exercise conducted at the Brookings Firearms Range no less than three (3) months prior to official firearms qualification with additional rounds of ammunition allotted to that officer, above the already two hundred (200) rounds allotted, if additional training is determined necessary by the firearms instructor and Chief of Police. This pertains to duty guns only. A minimum of one (1) additional practice shooting exercise shall be conducted at the Brookings Firearms range no less than two (2) weeks prior to official firearms qualification. The practice exercise(s) shall be scheduled in such a manner as to allow all officers the opportunity to attend. Shooting exercises shall be supervised by department firearms instructors to provide education and assistance to officers in preparation of official firearms qualification. 3941A.3 Official Qualification: Needed ammunition and targets shall be provided by the City. If an officer fails to meet the “State of South Dakota Handgun Qualification” course once per year with a minimum passing score of 76% with his/her firearm during the scheduled time and place for qualification exercise, he/she will: 1) Surrender his/her firearm to the Chief of Police; 2) Be relieved of all normal duties as a police officer on his/her shift or division and be assigned to in-house or office duty until he/she has qualified with the Department issued firearm. It will be up to the officer who is not qualified to make arrangements with a range officer to become qualified. If, after one week from the original qualification exercise, the officer still has not qualified, the officer will be placed on leave without pay until the officer is qualified. An officer who fails to qualify within a reasonable time period, as determined by Chief of Police and City Manager, shall be subject to further disciplinary action up to and including discharge. 29 402. VEHICLES 42A. All new patrol cars shall be equipped with adequate defrosters, heaters, commercial radios, air conditioning, quality tires, first aid equipment, fire extinguishers, and be properly serviced at regular intervals. Except under emergency conditions, no employee shall be required to operate a vehicle that does not comply with all State and City safety statutes, ordinances or regulations. 42B. Cages shall be added to cars and shotguns shall be secured in locks in the front of the patrol car. 402AC. Upon obtaining new police vehicles, the City shall make every effort to make the style and location of switches, lights, weapon holders, etc., uniform to that of existing police vehicles. This topic is an appropriate subject for the Union Management Committee. 41. 43. POLITICAL ACTIVITY Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted, as outlined in this article. In all cases, activities must be in compliance with the Conflict of Interest Policy as adopted by the City Council. Failure to comply with the provisions of this article may result in disciplinary action. Any employee of this Bargaining Unit may seek any political office while employed by the City provided: 413A. that said employee may not seek any political office or actively campaign for any political office until after having submitted, in writing to the City Manager, their intention to seek a political office; 413B. that said employee never campaign in any manner whatsoever, during hours of employment; 413C. that it is mandatory that said employee take a leave of absence for no less than fourteen (14) days nor more than thirty (30) days prior to any election for a position that would require the termination of said employee’s employment if he/she is successful in the election. Of that leave time, the employee may take two (2) weeks of vacation leave. Any amount in excess of two weeks must be taken as leave without pay; and 413D. an employee of the City of Brookings may not campaign on behalf of any candidate for Mayor or City Council. However, this does not preclude an employee from running for these offices as long as that employee Formatted: Indent: Left: 0", First line: 0" Formatted: No bullets or numbering 30 adheres to the parameters aforementioned in this article. Any employee elected to a position on the City of Brookings City Council will resign their position with the City prior to being sworn in on the Council. 424. WAGES 424A. The City of Brookings Pay Plan shall increase by Commencing January 1, 2016, there shall be a 2.75% commencing January 1, 2019.increase to the City of Brookings Police Pay Plan. 44B. Commencing January 1, 2017, the Pay plan will be increased by 2.5%. 44B. The shift differential shall increase by .20 commencing January 1, 2019. 424CC. Wage reopener for wages commencing January 1, 2018.Union contract will be for one (1) year and will be opened annually thereafter, with negotiations commencing before the budget process each year. 424D. Wages will be set forth in Appendix A attached. 435. CHECK OFF The Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 446. UNION BUSINESS AND REPRESENTATIVES 446A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 446B. Upon receiving forty-eight (48) hours notice, the City shall excuse all employees in the bargaining unit, except one scheduled full-time dispatcher, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City, including FOP meetings. Off duty employees attending such meetings shall do so on their own time. 31 457. BUSINESS AGENTS Authorized agents of the Union, after having notified the Department Head, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on-duty hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 46. 48. LONGEVITY 468A. Regular employees shall be eligible for longevity pay based upon length of service with the City of Brookings. Length of service shall be the full number of years of service as of the anniversary date of the employee’s employment. Years of service must be continuous years of service. 468B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that the anniversary of their hire date falls. 468C. The amount of longevity pay shall be paid at the rate of $5.50 per month per year after completing five (5) years of continuous full-time employment. 47. 49. SAFETY POLICY 49A. Safety Statement The City of Brookings will attempt to provide the safest possible working conditions for its employees. 49B. Policy Statement 49B.1 Safety will be given primary importance in planning and operating City activities in order to protect City of Brookings employees against occupational injuries and illnesses, and to protect the City against unnecessary financial burden and reduced efficiency. 49B.2 Each employee is responsible for the safety, well being, and safe work conduct of themselves and those that report to or are assigned to him/her. 49B.3 To carry out this policy, the City will: Formatted: No bullets or numbering Formatted: No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Tab stops: 0.5", Left 32 49B.3.a Maintain safe and healthful working conditions. 49B.3.b Furnish, within reason, the best available mechanical safeguards and personal protective equipment, where in its judgment, they are needed. 49B.3.c Maintain an active and aggressive program to promote safety awareness. 49B.3.d Insist that all employees observe established safety regulations and practices and use the safety equipment provided. 49C. Purpose Employees of the City of Brookings are considered valuable assets; their safety is of vital concern. Recognizing its need and responsibility for the safety of its employees, the City considers accident prevention and safe and healthful working conditions integral parts of an efficient and well run organization. 49D. Membership of the Safety Committee 49D.1 Membership of the Safety Committee will be composed of one representative from each of the following departments with equal representation of management and union employees: Community Development, Engineering/Airport, Finance, Fire, Human Resources, Library, Liquor Store, City Clerk, Park/Recreation/Forestry, Police, Solid Waste, and Street. If a department does not submit a proposed candidate from their department to serve on the Safety Committee, that department will not be represented on the committee. 49D.2 The Human Resources representative shall be the only permanent representative and shall be chairperson of the Safety Committee. 49D.3 All other members will serve three year terms with a staggered rotation schedule to provide continuity. 49D.4 Each year the chairperson will submit a list of proposed candidates to fill vacated Committee seats to the City Manager for appointment. 49E. Duties of the Safety Committee 49E.1 The Safety Committee will review the South Dakota First Report of Injury Reports and Minor Injury reports submitted to the Human Resources Officer during the preceding month. Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Tab stops: 0.5", Left Formatted: Indent: Left: 1", Hanging: 0.5", Tab stops: 0.5", Left + Not at 1.94" Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Hanging: 0.5", Tab stops: 0.5", Left + Not at 1.56" + 2" Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Hanging: 0.5", Tab stops: 0.5", Left Formatted: Indent: Left: 1", Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Hanging: 0.5", Tab stops: 0.5", Left Formatted: Indent: Left: 1", Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Hanging: 0.5", Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 1", Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left 33 49E.2 The Safety Committee shall bring to a department management’s attention the need for corrective action of any safety and housekeeping problems the Safety Committee deems necessary. It shall be management’s responsibility to review and/or investigate the recommendation made and respond to the Safety Committee in writing of the disposition of the recommendation. If the Safety Committee is not satisfied with the response of management or has not received a timely response, the issue can be referred to the City Manager for a final decision on the matter. 49E.3 The Safety Committee will investigate complaints of violations of Brookings City safety procedures and take appropriate action to remedy them. 479AF. Seat Belts The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or equipment with seat belts and/or harness. 4850. DURATION This Agreement shall be in full force and effect from January 1, 20196, to and including December 31, 20198, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 20198. 4951. REOPENER When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the final contract year advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 _____________________________ __________________________________ City Manager Principle Officer/President ______________________________ __________________________________ Formatted: Body Text, Indent: Left: 0.5" Formatted: Indent: Left: 0", First line: 0" 34 Date Business Agent (James Heeren) __________________________________ Date 35 APPENDIX A Explanation of Pay Ranges There are four (4) or six (6) steps for each non-management position within the Pay Scale. These rates shall be the minimum and maximum rate for the position. New employees will normally be hired at Step A in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of twelve (12) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate his/her ability to perform his/her duties. In accordance to this agreement and upon satisfactory completion of the twelve (12) month probationary period, the probationary employee will be reclassified to regular full-time and advance to the next higher step in grade. After completing an additional twelve (12) months, the employee may advance to the next higher step in grade based on satisfactory job performance and successful completion of each additional year of employment through step Six (6). CITY OF BROOKINGS POLICE LABOR CONTRACT 2019 INDEX Article Title Page Article 27 ....................Alcohol, Drug Abuse & Addiction ................................................. 14 ....................................Appendix……………………………..........................................................29 Article 4 ......................Bonds .............................................................................................. 2 Article 24 ....................Break Time .................................................................................... 11 Article 7 ......................Bulletin Boards ................................................................................ 3 Article 45 ....................Business Agents ............................................................................ 27 Article 21 ....................Call-In & Duty Assignments Outside of Regularly Scheduled Hours..…..10 Article 43 ....................Check Off ....................................................................................... 26 Article 11 ....................Citizen’s Complaint ......................................................................... 5 Article 15 ....................Committee for Union-Management Cooperation ......................... 6 Article 22 ....................Compensation Time ...................................................................... 11 Article 14 ....................Court Pay ......................................................................................... 6 Article 10 ....................Discharge or Suspensions ............................................................... 4 Article 48 ....................Duration ........................................................................................ 28 Article 30 ....................Professional Development and Educational Leave ...................... 17 Article 38 ....................Firearms ........................................................................................ 24 Article 39 ....................Firearm Qualification .................................................................... 24 Article 9 ......................Grievance Procedure ...................................................................... 3 Article 16B ..................Hiring Procedure ............................................................................. 9 Article 33 ....................Holidays ......................................................................................... 19 Article 31 ....................Injury Leave ................................................................................... 17 Article 18 ....................Insurance……………………………………………………………………………………..9 Article 5 ......................Liability Coverage ............................................................................ 2 Article 46 ....................Longevity ....................................................................................... 27 Article 3 ......................Management Rights ........................................................................ 1 Article 29 ....................Medical Leave of Absence ............................................................ 16 Article 8 ......................Military Leave.................................................................................. 3 Article 26 ....................Miscellaneous ............................................................................... 14 Article 19 ....................Pay Periods .................................................................................... 10 Article 17 ....................Pensions………………………………………………………………………………………9 Article 41 ....................Political Activity ............................................................................. 26 Article 30 ....................Professional Development and Educational Leave……………………..17 Article 25 ....................Promotions.................................................................................... 12 Article 1 ......................Recognition ..................................................................................... 1 Article 49 ....................Reopener ....................................................................................... 28 Article 12 ....................Reprimand ....................................................................................... 6 Article 47 ....................Safety Policy .................................................................................. 28 Article 35 ....................Schools & Training ........................................................................ 21 Article 16A ..................Seniority .......................................................................................... 7 Article 2 ......................Separability and Savings Clause ...................................................... 1 Article 23 ....................Shift Differential ............................................................................ 11 Article Title Page Article 28 ....................Sick Leave ...................................................................................... 15 Article 32 ....................Special Leave ................................................................................. 18 Article 6 ......................Stewards ......................................................................................... 2 Article 36 ....................Travel and Expense ....................................................................... 23 Article 37 ....................Uniforms and Equipment ............................................................. 23 Article 44 ....................Union Business and Representatives ........................................... 27 Article 34 ....................Vacations ....................................................................................... 20 Article 40 ....................Vehicles ......................................................................................... 25 Article 42 ....................Wages ........................................................................................... 26 Article 13 ....................Work Rules ...................................................................................... 6 Article 20 ....................Work Week ................................................................................... 10 1 CITY OF BROOKINGS - POLICE LABOR CONTRACT THIS AGREEMENT made and entered into this 1 st day of January, 2019, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION 1A. The employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: 1A.1 All regular full-time employees employed in the Police Department of Brookings, South Dakota, including Patrol Officers, Sergeants, Investigators, Communication Operators, Police Clerk, Animal Control Officer, excluding the Chief, Assistant Chief, Lieutenants, Communications Commander, part-time personnel and all other City employees. 1B. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of this Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of this Agreement shall continue in force and effect. 3. MANAGEMENT RIGHTS 3A. The Union recognizes the prerogatives of the City Manager and City Council of the City to operate and manage its affairs in all respects in accordance with its responsibility and the powers of authority which the City has not officia lly abridged, delegated, or modified by this Agreement, and such powers and authority are retained by the City. 3B. These management rights include, but are not limited to the following: 3B.1 To utilize personnel, methods and means in the most appropriat e and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train, or re -train employees in positions with the City, and to suspend, discharge or take positions with the City, and to suspen d, discharge or take other appropriate action against employees for just cause; 2 3B.2 To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 3B.3 To determine the objectives of the City and the method and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); the purchase and utilization of equipment; and the utilization of seasonal and part -time employees, as long as no full-time employees are laid off; 3B.4 To provide reasonable standards and rules for employees; and 3B.5 To determine the method of fulfillment of the objectives of the City, whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 4. BONDS Should the Employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 5. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the rig ht to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. 6. STEWARDS 6A. The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 6A.1 Investigation and presentation of grievances to Employer or the Employer representative in accordance with the provisions of this Agreement; 6A.2 Serve bargaining unit employees by explaining the purpose and cont ent of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during working hours without loss of pay, provided that it does not interfere with the efficient operation of the Department, which determination shall be in 3 the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 7. BULLETIN BOARDS The Employer agrees to provide adequate space on its bulletin boar ds for Union business notices. Union space will be allocated. 8. MILITARY LEAVE 8A. Regular full-time employees serving in the Military Reserve, National Guard or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City up to a maximum of two weeks per calendar year. If such service exceeds two (2) weeks, the City will not supplement the pay beyond the initial two-week period. There will be no loss of seniority, and employees may utilize vacation leave. Service pay shall include quarters allowance, in addition to base pay. 8B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 8C. All applications for military leave must be approved by the Chief or his designee. The request must be accompanied by a signed copy of the military orders. 9. GRIEVANCE PROCEDURE 9A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. 9B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. 9C. Failure to resolve the grievance with the supervisor, the grievance shall be reduced to writing and submitted to the City Manager and the Local Union within ten (10) calendar days following the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or business representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or her designee shall meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 4 9D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3 -18-15.2. The appeal must be initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limit or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary, the employee and/or the Union may elect to commence the grievance procedure at the level of the City Manager. 9E. Time limits may be extended by mutual agreement. 9F. The Union has the authority to abandon a grievance. Aband onment of a grievance shall not set a precedence. 10. DISCHARGE OR SUSPENSION 10A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before he is discharged or otherwise disciplined if the cause of such discharge is: 10A.1 Dishonesty; 10A.2 Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during the work shift. An individual will submit to a portable breath test if the presence of alcohol is suspected. In the event PBT shows positive, employees shall be offered the opportunity to submit to a blood test and the expense of the blood test will be upon the City if the results are negative and upon the employee if results are positive; 10A.3 Personal possession or use of illegal dru gs; 10A.4 Recklessness resulting in a serious accident while on duty; 10A.5 Failure to report an accident or criminal incident while on duty; 10A.6 Conduct which is unbecoming of an officer. 10B. It is understood that there are other offenses of e xtreme seriousness that an employee will be discharged for without a warning letter. Depending upon the 5 circumstances and upon just cause, a lessor discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharg e, may in the discretion of the Department Head, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. 10C. Time limitations of such warning letter shall be consistent and uniform among like incidents but in no instance, shall it be for more than eighteen (18) months from the date of the incident causing this issuance. 10D. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 11. CITIZEN’S COMPLAINT Citizen complaints against officers shall b e divided into two categories: non-criminal conduct and criminal conduct. Any citizen wishing to lodge a formal complaint against an officer shall be directed to the Office of the Chief of Police for determination of category and merit. The officer will be notified at a time appropriate based upon the circumstances of the investigation. 11.1 – Non-Criminal Complaints: Upon receiving a complaint and determining the complaint to be non-criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted internally by a command level officer designated by the Chief of Police or his designee, and may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 11.2 – Criminal Complaints: Upon receiving a complaint and determining the complaint to be criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted either internally by a command level officer, or by investigators from outside agencies so as to avoid any conflict of interest issues as chosen by the Chief of Police or his designee. The investigation may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 11.3 – Determinations and Findings: Upon completion, the investigation summary shall be forwarded to the Chief of Po lice for review. The findings of the investigation shall be classified as follows: Sustained: The complaint is determined to be factual. Exonerated: The officer(s) did not commit the offense as stated. Unfounded: The allegation is false or not factual. Not Sustained: Not enough evidence to prove or disprove the allegations were found. 6 Dismissed: The complainant withdrew the complaint or failed to cooperate with the investigation. 11.4 – Final Action: If upon completion of the investigation the complai nt is sustained, the Chief of Police shall initiate the proper disciplinary action consistent with the City of Brookings Police Labor Contract and the policies of the City of Brookings and the Brookings Police Department. 11.5 – Officer Recourse: Any officer or employee who disputes either the findings of the investigation, or any associated disciplinary action resulting from the investigation, may protest the matter through the established Grievance Procedures of the City of Brookings Police Labor Contract and the Brookings Police Department. 12. REPRIMAND Any reprimand that can become part of an officer’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative present. 13. WORK RULES Department General Orders, Work Rules, and the Department Policy and Procedure Manual shall be reviewed by the Chief and City Manager to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. 14. COURT PAY In the event an employee is required to make an off -duty court appearance, he/she shall be paid a minimum of two (2) hours at time and one-half (1 1/2) his/her regular rate of pay. Each session of court, morning and afternoon, shall constitute a separate appearance if the officer is required to appear at both. Court time paid at time and one-half shall not be counted toward the officer’s eighty (80) hour bi -weekly schedule. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. 15. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 15A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either part. They also recognize that during such period more mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and non -management employees, if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and understanding of each other’s 7 problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exch ange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through the extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below: 15B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of this Agreement. In agreeing to such meetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 15C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recogn ize the importance of protecting the health, life, and a limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City Employees. This committee may make recommendations respecting conditi ons which in its opinion would make working conditions more safe. 15D. The committee shall be composed of two (2) members designated by the Union and two (2) members designated by the City. Any recommendations must be adopted by a majority of the committee. 16. PERSONNEL POLICIES 16A. SENIORITY 16A.1 Seniority rights for employees shall prevail. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the Police Department bargaining unit. 16A.2 New employees will be considered probationary employees for twelve (12) months from the date of employment. Should a probationary employee be absent from the job for an approved leave without pay, the 8 probationary period will be extended to enable employees to complete their full probationary period. 16A.3 During the probationary period, employees shall have no seniority status, and may be laid off or terminated at the sole discretion of the City without regard to length of service. Wh en an employee completes his/her probationary period, his/her seniority date shall revert back to his/her original date of hire. 16A.4 On January 1 of each year, the employer shall post a current seniority list and shall submit a copy to the Union. Senio rity will be classified as follows: a) All sworn personnel; b) All non-sworn personnel; 16A.5 Employees hired from non-sworn to the sworn classification or vice versa, shall maintain their seniority for the amounts of vacation but shall go to the bottom of the list in the new classification for all other purposes. Part-time employees obtaining full-time positions shall be considered as a new hire for all purposes. 16A.6 Seniority and employment relationship shall terminate when an employee: a) Quits; b) Is discharged for just cause; c) Is retired. 16A.7 All scheduled or otherwise anticipated overtime shall be offered by seniority to qualified available personnel unless such overtime requires a special skill or is in accordance with the employee completing an assigned regular shift. Management reserves the right to offer or immediately assign overtime resulting from unexpected, unforeseen, or emergent circumstances without consideration of seniority. It is understood that all overtime must be auth orized by the Chief of Police, or designee. 16A.8 Vacation will be granted on a first come – first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 16A.9 In the event of a layoff, the last employee hired shall be laid off first in the sworn and non-sworn classifications as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective classifications. 9 16B. HIRING PROCEDURES The following shall set forth the general procedures for hiring police officers in the City of Brookings: 16B.1 In the event of an opening within the bargaining unit by virtue of the Ci ty Manager granting approval to fill a vacancy in the Brookings Police Department, or to add additional police officers, a Notice of Job Opening shall be posted at City Hall and within the Police Department . 17. PENSIONS Retirement benefits shall remain as now provided, but they shall not be in any manner reduced or lessened during the period of this contract, unless the changes are beyond the control of the City. 18. INSURANCE 18A. The City offers group health, dental, vision, accident, and life insurance options for all full-time employees in the bargaining unit and their dependents electing to be covered by such insurance. The City shall pay 85% of the group health coverage; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life and AD&D insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 18B. If husband and wife are both employed by the City of Brookings, the City shall provide only one or the other with health insurance coverage. The one not covered may be named as dependent. 18C. Upon receipt of notification by the insurance carrier that changes are needed, the City will, in turn, notify the Union for purposes of soliciting comments and suggestions. 18D. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full-time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and 10 thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 19. PAY PERIODS All employees covered by this Agreement shall be paid in the same manner as all other City employees are paid, on a monthly pay period. 20. WORK WEEK 20A. Employees shall be paid for all time spent in the employ of the Employer. 20B. Employees shall be compensated at the rate of time and one-half for all hours required to work prior to and/or beyond scheduled shift (excludes shifts of less than 8 hours per day); on a scheduled day off; or in excess of forty (40) work hours per week for office personnel and dispatch; or in excess of eighty (80) hours in a two-week period for police officers. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other benefit leave, will not be used in the computation of overtime. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. If trading of shifts results in required payment of overtime based on FLSA guidelines, the trade will not be allowable or approved. 20C. Full-time clerical employees shall be scheduled Monday through Friday and Saturdays and Sundays off except for temporary, unusual or emergency situations. 20D. Employees required to work when their shift commences on Easter Sunday shall be compensated with five (5) additional hours of straight time pay. 20E. Pyramiding of overtime will not be allowed. 20F. The City agrees during the term of this contract to continue its policy regarding the replacement of employees at shift change. 20G. Part-time employees shall be scheduled as needed. 21. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours for work performed. The employee shall report to the ranking supervisor, up to Lieutenant, on duty to perform any additional duties necessary in an attempt to work 11 for the entire minimum period. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. In the event the employee is on vacation, the employee may elect to take compensation time to be credited back to vacation in lieu of monetary compensation. If employee chooses not to work for the entire minimum period, the employee shall be compensated only for the hours actually worked. DUTY ASSIGNMENTS OUTSIDE OF REGULARLY SCHEDULED HOURS Employees with special duties outside of their regularly scheduled hours will be compensated a minimum of two (2) hours at their overtime rate of pay or compensation time. Clarification of special duties may include, but is not limited to, reserve coordinators, certification instructors (such as Fire Arms, Tasers, Radar, DUI, etc.) School Resource Officers, Safety Town, Field Training Officers, and Communications Training Officers. 22. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the r ate of time and one-half (1 1/2) or designate comp time upon approval of Department Head in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) ho urs for both sworn and non-sworn personnel with the exception of designated active certified Communication Operator Trainers and Field Training Officers, who will be allowed to carry over eighty (80) hours from one calendar year to the next. Use of comp time must be approved by the Department Head and may not result in overtime needing to be paid to cover a shift, or cause a shift to fall below minimum staff levels. 23. SHIFT DIFFERENTIAL 23A. Full-time employees working between 6:00 P.M. and 7:00 A.M. shall be paid an additional eighty cents ($.80) per hour for time worked between those hours. 23B. Full-time employees working from 6:00 P.M. Friday until 7:00 A.M. Monday and all hours worked during a city recognized holiday shall receive eighty cents ($.80) per hour additional. 24. BREAK TIME 24A. Employees who are scheduled to work an eight (8) hour shift shall be granted a twenty minute paid break during the first four (4) hours, and a twenty minute paid break during the second four (4) hours of their shift. Employees who are scheduled to work a ten (10) hour shift shall be granted a twenty -five minute paid break during the first five (5) hours, and a twenty -five minute paid break during the second five (5) hours of their shift. Employees who are scheduled to work a twelve (12) hour shift shall be granted a thirty minute paid break during 12 the first six (6) hours, and a thirty minute paid break during second six (6) hours of their shift. 24B. Dispatchers will not be allowed to leave the Police buildin g, to include designated smoking areas, during their breaks unless there are at least two dispatchers on at that time. However, if the supervisor on duty deems it necessary, dispatchers will be required to remain in the building even when there are two on during a shift. 24C. Employees filling out reports shall be allowed coffee or soft drinks while performing this work without it being considered a break, as long as the amount of time is reasonable. 24D. Employees shall be allowed to combine break periods for a total of forty (40) minutes during an eight (8) hour shift, fifty (50) minutes during a ten hour shift, and sixty (60) minutes during a twelve hour shift. 24E. Rest periods may not be accumulated for time off or used to leave work early, and are not guaranteed if missed because of operational requirements . 25. PROMOTIONS 25A. Promotion to positions within the sworn personnel in the bargaining unit shall be filled from lists of employees and personnel obtained through open and competitive written examinations, oral interview, seniority and education. Such examinations shall be on the basis of openings contemplated and shall be conducted by the City of Brookings after advertisement of the fact of giving such examinations and the terms in respect to grading and other relevant matters. 25B. In the event of retirements, resignations, and other terminations of employment wherein the position involved is not eliminated, and cash payment is made for accumulated benefits, the City reserves the right to delay filling the position until such time as the savings from such a delay equals the total amount of cash payment. 25C. Service requirements for the position of Sergeant require a minimum of three (3) years’ experience as a law enforcement officer including two (2) years with the Police Department of Brookings, South Dakota. 25D. In the event there are no qualified employees with the required service time, consideration shall be given to those employees who are qualified, but have not achieved the service requirement. 25E: A written test shall be administered and shall count up to twenty (20) points. Candidates receiving fourteen (14) points or more, a minimum equivalent of 70% of correct answers, on the written test shall be selected for an or al interview with an interview panel established by the Chief of Police. The oral 13 interview shall count up to forty-five (45) points. Oral Interview points shall be determined by calculating the composite score from a Police Department interview questionnaire and the score of the Human Resource Critical Competencies battery. 25F. The most recent annual evaluation shall count up to ten (10) points. 25G: Training shall count (1) point for each 20 hours of certified training up to fifteen (15) points, excluding the twelve (12) week certification school and other training required by the State of South Dakota. Certified training is that training reported on the South Dakota Law Enforcement Training Personnel Profile Report. Training hours received after the promotion application deadline shall not be considered in calculating training points. Education shall count (2) points for an Associate Degree, three (3) points for a Bachelor Degree, and four (4) points for an Advanced Degree. One (1) point shall be counted for sixty (60) or more college credit hours earned from an accredited institution, but no degree received. Transcripts shall be required to verify credit hours earned. 25H. Seniority shall count one (1) point per year to the maximum of ten (10) points. 25I: A composite score shall be calculated from the oral interview, evaluations, education and training, seniority and test scores. Candidates with a composite score equal to or greater than 75% of the maximum composite score shall be eligible for selection to an interview by the City Manager and the Chief of Police. The maximum composite score shall be 104 points. Candidates receiving 78 points or more shall be considered an eligible candidate. Written Test: 20 Oral Interview: 45 Training: 15 Education: 4 Evaluation: 10 Seniority: 10 Upon completion of the final interview, the Chief of Police, in consultation with the City Manager, shall have full discretion in selecting an eligible candidate for promotion. Final approval of the selection must be made by the City Manager with the decision based on seniority, skills, ability, job performance, and qualifications. If skills, ability, job performance, and qualifications are relatively equal, then seniority shall be the determining factor. 25J. All job descriptions to include any changes will be posted. 25K. Upon written request, officers shall be given their written test score results. 14 25L. Permanent promotions/transfers from a position or Department to a new regular full-time position in the same or different Department shall require the transferred or promoted employee to serve a new probationary period not to exceed 90 days. 26. MISCELLANEOUS 26A. Employees may maintain residence outside the city limits. 26B. Employees may request time off without pay. 26C. In the event of an absence of a supervisor, the Chief of Police may designate an officer as acting supervisor to assume all duties of the absent supervisor. An employee that is designated as acting supervisor will accrue one (1) hour of compensation time (x1) for a full eight (8) hour shift; one and one-fourth (1 ¼ hours (x1) for a full ten (10) hour shift; and one and one-half (1 ½) hours (x1) for a full 12 hour shift to be utilized at a mutually agreed upon time as approved by his/her supervisor and/or Chief of Police . Any employee desiring not to act as supervisor shall be allowed not to do so by advising the Chief of Police in writing. 26D. An accessible locker will be provided for the personal effects of dispatchers. 26E. A secure cabinet will be provided in the ladies’ restroom. 26F. The Police Building and all department vehicles will be non -tobacco with a designated smoking area being provided outside the southwest door of the department. 26G. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00, at a locally accredited wellness/fitness center. To be eligible for reimbursement, the employee must present proof of attendance of an average of two (2) times per week or eight (8) times per month during that month which is to be reimbursed. The City will not participate in any way in initiation fees. 26H. SRT team members will be paid an additional $1.00 per hour of Hazard Pay when called out. SRT training hours are not included. 27. ALCOHOL, DRUG ABUSE AND ADDICTION EMPLOYEE ASSISTANCE PROGRAM 27A. The City recognizes alcohol/drug abuse and addiction and other medical behavior problems as treatable illnesses. 27B. Employees’ job security or promotional opportunities will not be jeopardized by their request for assistance in problems relating to alcohol/drug abuse and/or addiction. 15 28. SICK LEAVE 28A. Sick leave is leave with pay granted to regular full -time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 28B. Sick leave may be earned by probationary and regular full -time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to two thousand eighty (2,080) hours of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. In order to earn the accrual of sick leave for a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 28C. Request for sick leave must be approved by the Department Head prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify his/her supervisor of his/her recovery. 28D. Leave request may not exceed the amount of leave accumulated . 28E. Sick leave shall be paid at the employee’s regular hourly rate and employees may use sick leave in no less than one-fourth (1/4) hour increments. 28F. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illn ess or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 28G. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 28H. Employees on unpaid leave of absence in excess of one -half month will not accrue any leave for that month. 28I. Sick leave shall be granted to employees: 28I.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 16 28I.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 28I.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s pare nt, brother or sister, and dependent(s) residing in the employee’s home to include step - relatives in the same categories. After three consecutive sick days, the employee’s department head and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 28I.4 when, through exposure to a contagious disease, the presence of the employee at his/her post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 28I.5 for up to twenty (20) working days of paid sick leave for the adoption of a child and up to three working days of paid sick leave for the father employee of newborn child(ren) to assist with care and delivery. If employee is eligible for the provisions of the Family Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual must be used to cover additional leave p eriod, however. 28J. At the discretion of the Chief of Police, employees who cannot perform their regularly assigned duties may be assigned limited duty, which will not, as certified by a medical practitioner, aggravate the illness or disability. 28K. After ten (10) years’ service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. 28L. All medical related incidents including reasonable travel time and recuperation time shall be chargeable toward sick leave. 29. MEDICAL LEAVE OF ABSENCE 17 29A. The City of Brookings and the Union agree to comply with guidelines set forth in the Family Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the law. 29B. A leave of absence for the birth of a child shall be treated as any other illness or temporary disability. 30. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Department Head, with the approval by the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received, will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period of two (2) months for each month of educational leave taken. City shall make every effort to reschedule employees desiring to attend college classes either by allowing time off the shift or by employees trading shifts. Time off shall be made up the same day or at a mutually agreed time. An employee requesting to attend college classes which may interfere the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 31. INJURY LEAVE Injury leave applies only to injuries sustained through an accident while on the job. An employee injured through an accident while on the job must promptly notify his/her Department Head or supervisor. All medical and hospital expense shall be paid for in accordance with Workers’ Compensation and City policy. The City policy on injury leave shall be to compensate the employee up to a maximum of nine hundred sixty (960) work hours at the rate of pay he/she was making at the time of the accident, less the amount he/she receives from Workers’ Compensation. After the nine hundred sixty (960) hour period, the employee may elect to use accumulated sick leave and/or vacation credits to continue receiving his/her full pay. Should the employee not elect such action or should he/she exhaust all accumulated credits, he/she may apply for disability under the provisions of the Workers’ Compensation Act or the Retirement Fund. Once the employee is no longer receiving full compensation from the City, he/she will be eligible to receive compensation payable under the Workers’ Compensation Act in addition to eligible retirement benefits. All vacation, sick leave, and holiday leave earned while on injury leave shall accrue at the employee’s regular rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s Compensation and/or results in lost time of less than seven consecutive days, 18 the employee will be required, at the employee’s option, to utilize sick, vacation, compensation time or leave without pay for those days which they are absent from work. Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor appointments, etc. once seven -day loss time requirement has been met. 32. SPECIAL LEAVE 32A. Leave With Pay - The Department Head will grant a leave of absence with pay to regular full-time employees for the following reasons and with these restrictions applied: 32A.1 Funerals – The City will permit regular full-time employees to be absent from work, without loss of pay, based on his/her regular straig ht time pay for three (3) basic scheduled work days to arrange for and attend the funeral of the immediate family or a relative. Immediate family for bereavement leave includes the following: Spouse, parents, son, daughter, brother, sister, legal guardian, grandparents, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- law, or sister-in-law. The bereavement benefit will also be granted for step-relatives in these same categories. Pay shall be granted twelve (12) hours for employees on twelve (12) hour shifts, ten (10) hours for employees on ten (10) hour shifts, and eight (8) hours for employees on eight (8) hour shifts. Additional time may be charged to vacation or sick leave at the discretion of the Chief. In the event of a funeral of a relative outside of the aforementioned, or a close friend, the employee may take a reasonable amount of time off with pay to be charged to vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one -fourth (1/4) hour increments. 32A.2 Voting - Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent him/her from voting before or after regular working hours. 32A.3 Jury or Court - If any employee is called for jury duty, he/she shall continue to be paid at his/her regular rate. Upon returning to work, he/she shall reimburse the City for the amount received for jury d uty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 32B. Leave Without Pay – Regular full-time employees may request and may be granted a leave of absence without pay for persona l reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the 19 approval of the Chief of Police, Human Resources Director and City Manager, and providing all vacation and/or sick leave has been exhausted. 32B.1 Leave without pay must be requested in writing stating the circumstances in full as to why such leave is requested. This request must be submitted to the Chief prior to the leave. 32B.2 The request will be considered on the basis of the present workload or anticipated workload, and the circumstances of the request. 32B.3 In a case of a declared disaster or emergency situation, regular full-time employees may request up to 15 work days off without pay per calendar year to assist in other areas if appropriate documentation is presented to substantiate the need for such leave. Such time off would not affect the accrual of benefits for the month. 33. HOLIDAYS 33A. It is the policy of the City of Brookings to afford all regular full -time employees ten (10) paid holidays each year. The City recognizes the following holidays: New Year’s Day Veteran’s Day President’s Day Thanksgiving Day Memorial Day Christmas Day Independence Day Native American Day Labor Day Martin Luther King Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. 33B. “Holiday pay” shall be defined as eight (8) times the straight time hourl y rate and cannot be used in increments of less than 8 hours. 33C. Employees who are scheduled to work, and who work, one of the above city recognized holidays will be compensated for holiday pay (as defined above in 35B) for that specific holiday and overtime pay (time and one-half) for all hours actually worked. 33D. Employees will only receive overtime pay (time and one-half) if the holiday falls on the day as their shift starts. 33E. Employees who are on a regularly scheduled day off or on a paid leave of absence when one of the above city recognized holidays occur, will be allowed to bank the holiday for use at an alternate agreed upon time within one (1) year of the specific holiday for which it was earned. In the event the employee would 20 normally be scheduled for a ten (10) or twelve (12) hour shift, the employee will be allowed to supplement this day with comp time or vacation leave in order to total ten hours of leave at the time the leave is taken as applicable. This day shall be mutually scheduled with the Chief. 33F. Employees on vacation when one of the above city recognized holidays occur, will receive holiday pay for that specific holiday and will not be charged for that day as vacation time. 33G. Holidays shall be observed on the actual day they fall except clerical employees shall observe them on the day as all other City employees do unless otherwise approved in advance by the Chief of Police. 33H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, to qualify for the above holiday provisions, the employee must work their last full scheduled shift preceding the holiday or their first full scheduled shift following the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for the date(s) absent. 33I. An employee who is on unpaid leave of absence or suspension without pay will not be eligible for holiday pay for a designated holiday observed during the leave of absence or suspension. 34. VACATIONS 34A. Vacation leave for all eligible employees for each vacation year is based upon length of service. In order to earn the accrual of vacation, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 34B. Employees shall accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 yrs of service - 10.00 hours per month After ten but less than 20 yrs of service- 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned on the 15 th of the month and credited to the employee on the pay day of that month, provided all other necessary provisions of the article have been met. Said vacation leave shall not be available to the employee until the day following payday. 21 34C. Employees have the opportunity to use vacation leave in one -fourth (1/4) hour increments at the discretion of the Department Head. Employees may accumulate up to two hundred eighty (280) hours of vacation leave. 34D. Employees granted unpaid leave of absence in excess of one -half month will not accrue any leave for that month. 34E. Employees will not receive additional vacation time off due to illness or disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 34F. Request for vacation leave must be approved by the employee’s department head prior to that time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests shall not exceed the amount of leave accumulated. Requests for vacation leave that will result in the department being below the required minimum staffing must be req uested ten (10) days prior to taking such leave. 34G. Employees who are laid off or discharged, who resign or retire after giving two weeks notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro rate basis according to the time worked during the current year. Cash payments in place of vacation privileges are not permitted. 34H. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous and not recommended by local authorities. This leave will be granted with the approval of the department head. 34I. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Police Chief directly for such determination. 35. SCHOOLS AND TRAINING 35A. The employer agrees to budget for job related education and training Local training opportunities shall be listed on the patrol room electronic display. The Chief or their designee will determine which employees will attend schools or training. Training opportunities will be based on the needs of the Department. . In determining which employees may attend, consider ation of specialized classifications, seniority, budget, and the program’s relevance to the police department’s overall training plan will be considered. 35B It shall be the responsibility of each employee to provide verification of completion of the above training to the City to be placed in their records. Training completed prior to January 1, 1987, shall be limited to that which is 22 presently recorded with the Law Enforcement Training and Standards Commission. Each employee, upon request, shall be enti tled to review their personnel file. 35C. Employees who attend authorized training outside of the department will be compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Chief of Police, based upon FLSA guidelines. Employees who would normally be scheduled to work ten (10) or twelve (12) hour shifts on days they are in training will be allowed to supplement the eight (8) hours with two (2) or four (4) hours of vacation or comp time. 35D. All mandatory training scheduled outside the individual employee’s regular shift will result in the officer being afforded comp time in accordance with this Agreement. 35E. Police Officer employees, upon hire, shall be required to sign an agreement, in the event of resignation, for reimbursement for cost of wages, transportation, testing expenses, and benefits to include insurance, FICA, and retirement while completing Field Training and Academy attendance at a reimbursement rate of 75% if resignation is within the first year of employment and 50% if resignation is within the second year of employment. 35F. The City agrees to provide for field training certification for up to four (4) officers. Officers may apply for the position of FTO once they have served for three (3) years with the Brookings Police Department. Officers with two (2) years experience with the Brookings Police Department and a minimum of one (1) year experience with another law enforcement agency are also eligible to apply. Selection of Field Training Officers will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as an FTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. Final selection will be made by the Chief of Police. Employees certified as a field training officer (FTO) who are engaged in training new recruits as part of the Field Training Program will accrue one hour of compensation time (x1) for each 8 hours of training provided. 35G. The City agrees to provide for training/certification for up to two (2) communication operator trainers. Selection of the Communication Operator Trainers (CTO) will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as a CTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. Final selection will be made by the Communication Commander and Chief of Police. Employees certified as a communication operator/trainer who are engaged in training new recruits as part of the Communication Operator Training Program will accrue one hour of compensation time (x1) for each 8 hours of training provided. All communication operator training hours will be 23 documented on a form authorized by the Communication Commander and Department Head. 36. TRAVEL AND EXPENSE 36A. The Chief of Police must approve all same day travel in the State of South Dakota. The Chief of Police and City Manager must approve all overnite travel and travel outside the State of South Dakota. Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by City travel policy for authorized travel. The most direct route shall be traveled, and mileage will be paid in accordance with current City schedules. 36B. The City shall reimburse travel time according to FLSA guidelines for all authorized training. Pre-authorization by the Chief of Police is require d at least seven (7) days prior to the training. 37. UNIFORMS AND EQUIPMENT 37A. The Employer will provide and issue all normally armed employees with a handgun, badges, handcuffs, protective head gear, and stocking hats. 37B. The Employer shall provide all ammunition annually which is needed and necessary for the performance of the duties. Ammunition for the on -duty use shall be of high quality. Practice ammunition shall be provided by the Employer during annual qualifications. 37C. Employees shall be issued at least three (3) sets of uniforms which shall be replaced as needed. Car coats and jackets will be issued for sworn employees only, not to exceed two (2). After two (2) years service, employees shall turn in their uniform items before being issued new items. Officers will be issued a bullet proof vest and will be required to wear it at all times they are on patrol duty and investigators when executing search warrants. 37D. Investigators shall be granted a three hundred fifty dollar ($350.00) uniform allowance each January 1. Police uniforms provided shall be deducted from said amount. 37E. The Employer agrees to reimburse employees the actual cost less ten percent (10%) of employee’s personal items damaged in the line of duty not as a resul t of the employee’s negligence or misconduct including only the following: Eyeglasses, watches, weapons, and tape recorders Civilian clothing (if required) (Maximum $250.00 per item) This section does not apply to items of personal property covered by or reimbursed pursuant to South Dakota compensation laws. If an employee is reimbursed for the damage from any other source, he shall reimburse the City for any payments made hereunder. The City agrees to replace any item 24 damaged due to work related incidents within two (2) weeks. Upon receipt of purchase, the City will reimburse up to $100.00 (One hundred dollars) for leather to all permanent, sworn officers who did not receive the entitlement when it was originally provided. 37F. A boot allowance for reimbursement of $100.00 every year be provided to Police Officers for the purchase of work boots . The $100.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the police officers purchase the boots needed for their jobs, it will be their responsibility to provide a copy of the actual receipt to the Chief of Police. The receipt will be used to track the amount of money used each year by police officers for the boot allowance. 38. FIREARMS The City shall provide weapons for all officers. 38A. The required on-duty weapon package as designated by the Chief will consist of a .40 caliber semi-automatic pistol with two (2) extra clips, double clip holder and holster. 38B. Those officers who choose not to purchase the .40 caliber weapon will be issued the complete .40 caliber weapon package by the City for on duty use. The City issued weapon package shall be returned to the Chief of Police or his designee upon separation of employment. 38C. During the probationary period, the City will issue new officers their duty weapon and required leather accessories. The serial number, make and model will be registered with the Chief. 38D. Standards for non-uniform officers’ weapons shall be set by the Chief of Police. 38E. The officer will maintain the on-duty firearm at a satisfactory level to insure proper functioning of the firearm. 38F. The firearm will be inspected for up-keep, maintenance and proper functioning four (4) times a year by a designated firearms instructor within the Department. If any malfunction or discrepancy is found in a firearm that the officer has purchased, the cost to replace or repair will be at the officer’s expense. 39. FIREARM QUALIFICATION 39A. There are three distinct types of firearm exercises, each of which shall be scheduled at the discretion of the Chief of Police. These are: 39A.1 Firearm Training: These exercises shall be supervised by a qualified instructor, and officers are therein instructed on proper firearm us e. 25 Necessary ammunition and targets shall be provided by the City at the time of the scheduled training exercises. 39A.2 Firearm Practice: Each officer shall be given two hundred (200) rounds of ammunition and targets to be utilized during practice exer cises. Officers will have one practice shooting exercise conducted at the Brookings Firearms Range no less than three (3) months prior to official firearms qualification with additional rounds of ammunition allotted to that officer, above the already two hundred (200) rounds allotted, if additional training is determined necessary by the firearms instructor and Chief of Police. This pertains to duty guns only. A minimum of one (1) additional practice shooting exercise shall be conducted at the Brookings Firearms range no less than two (2) weeks prior to official firearms qualification. The practice exercise(s) shall be scheduled in such a manner as to allow all officers the opportunity to attend. Shooting exercises shall be supervised by department firearms instructors to provide education and assistance to officers in preparation of official firearms qualification. 39A.3 Official Qualification: Needed ammunition and targets shall be provided by the City. If an officer fails to meet the “State of South Dakota Handgun Qualification” course once per year with a minimum passing score of 76% with his/her firearm during the scheduled time and place for qualification exercise, he/she will: 1) Surrender his/her firearm to the Chief of Police; 2) Be relieved of all normal duties as a police officer on his/her shift or division and be assigned to in -house or office duty until he/she has qualified with the Department issued firearm. It will be up to the officer who is not qualified to make arrangements with a range officer to become qualified. If, after one week from the original qualification exercise, the officer still has not qualified, the officer will be placed on leave without pay until the officer is qualified. An officer who fails to qualify within a reasonable time period, as determined by Chief of Police and City Manager, shall be subject to further disciplinary action up to and including discharge. 40. VEHICLES 40A. Upon obtaining new police vehicles, the City shall make every effort to make t he style and location of switches, lights, weapon holders, etc., uniform to that of existing police vehicles. This topic is an appropriate subject for the Union Management Committee. 26 41. POLITICAL ACTIVITY Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted, as outlined in this article. In all cases, activities must be in compliance with the Conflict of Interest Policy as adopted by the City Council. Failure to comply with the provisions of this article may result in disciplinary action. Any employee of this Bargaining Unit may seek any political office while employed by the City provided: 41A. that said employee may not seek any political office or actively campaign for any political office until after having submitted, in writing to the City Manager, their intention to seek a political office; 41B. that said employee never campaign in any manner whatsoever, during hours of employment; 41C. that it is mandatory that said employee take a leave of absence for no less than fourteen (14) days nor more than thirty (30) days prior to any election for a position that would require the termination of said employee’s employment if he/she is successful in the election. Of that leave time, the employee may take two (2) weeks of vacation leave. Any amount in excess of two weeks must be taken as leave without pay; and 41D. an employee of the City of Brookings may not campaign on behalf of any candidate for Mayor or City Council. However, this does not preclude an employee from running for these offices as long as that employee adheres to the parameters aforementioned in this article. Any employee elected to a position on the City of Brookings City Council will resign t heir position with the City prior to being sworn in on the Council. 42. WAGES 42A. The City of Brookings Pay Plan shall increase by 2.75% commencing January 1, 2019. 44B. The shift differential shall increase by .20 commencing January 1, 2019. 42C. Union contract will be for one (1) year and will be opened annually thereafter, with negotiations commencing before the budget process each year. 43. CHECK OFF 27 The Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 44. UNION BUSINESS AND REPRESENTATIVES 44A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 44B. Upon receiving forty-eight (48) hours notice, the City shall excuse all employees in the bargaining unit, except one scheduled full -time dispatcher, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum du ration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City, including FOP meetings. Off duty employees attending such meetings shall do so on their own time. 45. BUSINESS AGENTS Authorized agents of the Union, after having notified the Department Head, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on-duty hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 46. LONGEVITY 46A. Regular employees shall be eligible for longevity pay based upon length of service with the City of Brookings. Length of service shall be the full number of years of service as of the anniversary date of the employee’s employment. Years of service must be continuous years of service. 46B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that the anniversary of their hire date falls. 28 46C. The amount of longevity pay shall be paid at the rate of $5.50 per m onth per year after completing five (5) years of continuous full-time employment. 47. SAFETY POLICY 47A. Seat Belts The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or equipment with seat belts and/or harness. 48. DURATION This Agreement shall be in full force and effect from January 1, 2019, to and including December 31, 2019, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 2019. 49. REOPENER When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the final contract year advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 _____________________________ __________________________________ City Manager Principle Officer/President ______________________________ __________________________________ Date Business Agent (James Heeren) __________________________________ Date 29 APPENDIX A Police Labor Contract for 2019 Explanation of Pay Ranges There are four (4) or six (6) steps for each non-management position within the Pay Scale. These rates shall be the minimum and maximum rate for the position. New employees will normally be hired at Step A in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of twelve (12) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate his/her ability to perform his/her duties. In accordance to this agreement and upon satisfactory completion of the twelve (12) month probationary period, the probationary employee will be reclassified to regular full-time and advance to the next higher step in grade. After completing an additi onal twelve (12) months, the employee may advance to the next higher step in grade based on satisfactory job performance and successful completion of each additional year of employment through step Six (6). CITY OF BROOKINGS Police - Represented 2019 Pay Plan Schedule PAY STEP STEP STEP STEP STEP STEP GRADE POSITION TITLE A B C D E F 1PS-A Police Clerk 2019 17.42 18.13 18.85 19.58 20.40 21.21 Evidence Technician/Clerk 2019 2PS Communications Operator 2019 18.80 19.55 20.35 21.18 22.03 22.88 2PS-AC Animal Control Officer 2019 21.35 22.20 23.13 24.03 24.99 25.98 3PS Police Officer 2019 23.47 24.43 25.39 26.41 27.48 28.54 4PS Police Sergeant 2019 - - 29.19 30.38 31.55 32.82 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-093,Version:1 Action on Resolution 18-093, A Resolution Awarding Bids for City Hay Lease in Section 21-T110N- R50W (West of Brookings Airport) Summary: This resolution will award bids for the 2019-2020 City Hay Land Lease to MC Hay for $110.00 per acre. Background: The City owns a 85 acre parcel of property located in Section 21-T110N-R50W, which is west of the Brookings Regional Airport. Previously this parcel consisted of 32 acres of CRP land. The CRP agreement ends in 2018 and therefore the entire 85 acre parcel is available for the hay land lease. The City advertised for bids for a two-year lease. A bid letting was held at 1:30 on Tuesday, November 27, 2018, and the following bids were received: MC Hay, Brookings, SD $110.00 per acre Tim Bauer, Elkton, SD $110.00 per acre David Rochel, Aurora, SD $107.50 per acre Lyle Johnson, Brookings, SD $82.00 per acre Brian Fett, Dell Rapids, SD $70.00 per acre MC Hay and Tim Bauer both submitted bids for $110.00 per acre. SDCL 5-18A-5(10) states that a lottery to select the high bidder can be used in the case of tie bids. The City held a lottery drawing at 4:00 PM on Monday, December 3, 2018 and the Deputy City Clerk drew MC Hay’s name at random with the City Clerk and City Engineer as witnesses. Therefore, the contract will be awarded to MC Hay. Following approval of this resolution to award the bids, the City will hold a public hearing with intent to lease to a private person at the January 8, 2019 City Council meeting. Fiscal Impact: The City will receive $9,350.00 in revenue in 2019 and 2020. Recommendation: Recommend awarding the bid to MC Hay in the amount of $110.50 per acre. Attachments: Resolution Map City of Brookings Printed on 12/7/2018Page 1 of 2 powered by Legistar™ File #:RES 18-093,Version:1 City of Brookings Printed on 12/7/2018Page 2 of 2 powered by Legistar™ Resolution No. 18-093 Resolution Awarding Bids on City Hay Lease in Section 21-T110N-R50W Whereas, the City of Brookings opened bids for approximately 85 acres of City Hay Land for the City-owned parcel located in Section 21-T110-R50W on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Lease: MC Hay, Brookings, SD - $110.00 per acre; Tim Bauer, Elkton, SD - $110.00 per acre; David Rochel, Aurora, SD - $107.50 per acre; Lyle Johnson, Brookings, SD - $82.00 per acre; and Brian Fett, Dell Rapids, SD - $70.00 per acre; and Whereas, that MC Hay was selected by lottery as allowed by SDCL 5-18A-5(10). Now Therefore, Be It Resolved that the high bid of $110.00 per acre from MC Hay, Brookings, SD be accepted. Passed and approved this 11 th day of December, 2018. CITY OF BROOKINGS ________________________________ Keith Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk W 16 T H A V E 10TH ST WW 2 8 T H A V EW 28TH AV E W 6TH STW 6TH ST212TH ST City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-094,Version:1 Action on Resolution 18-094, A Resolution Awarding Bids on City Crop Lease in Wiese and Freeland Additions Summary: This resolution will award bids for the 2019 City Crop Lease in the Freeland and Wiese Additions to David Rochel for the bid price of $206.50 per acre. Background: The City owns 22 acres of property available for crop land in Section 18, Freeland Addition, and 30 acres available for crop land in Section 19, Wiese Addition, both in T110N, R49W in the City’s industrial parks. The crop land lease will be a one-year lease for 2019, renewable for one additional year in 2020 if agreeable to both parties. A bid letting was held at 1:30 on Tuesday, November 27, 2018 in the Brookings City & County Government Center, and the following bids were received: ·David Rochel, Aurora, SD $206.50 per acre ·Brian Fett, Dell Rapids, SD $150.00 per acre ·Tim Bauer, Elkton, SD $120.00 per acre There will be a second step to hold a public hearing at the January 8, 2018 City Council meeting to lease to David Rochel, a private person, as required by statute. Fiscal Impact: The City will receive $10,738.00 in revenue for 2019 and possibly 2020. Recommendation: Recommend awarding the bid to David Rochel in the amount of $206.50 per acre. Attachments: Resolution Map City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ Resolution No. 18-094 Resolution Awarding Bids on City Crop Lease in Wiese and Freeland Additions Whereas, the City of Brookings opened bids for approximately 52 acres of City Crop Lease for City-owned parcels located in Wiese Addition and Freeland Addition, Sections 18 and 19, T110N, R49W, on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Crop Lease: David Rochel – $206.50/acre, Brian Fett - $150.00/acre and Tim Bauer - $120.00/acre. Now Therefore, Be It Resolved that the high bid of David Rochel, Aurora, SD, for $206.50 per acre be accepted. Passed and approved this 11 th day of December, 2018. CITY OF BROOKINGS ________________________________ Keith Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 33RD AVE32ND AVE32ND AVEU S H W Y 1 4 B Y P AMPRAMPRAMPI 29I 29I 29I 29I 29I 29I 2918 TH ST34TH AVE34TH AVE C A PIT A L ST t e x tI 29I 29I 29I 29I 29I 2932ND AVE3 2 ND AVE32ND AVERAMPRAMPLEFEVRE DR L E F E V R E D R 6T H S T 6 T H S T 6 T H S T 6 T H S T 6 T H S T 6TH ST 6 T H S T 6TH ST City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-095,Version:1 Action on Resolution 18-095, A Resolution Awarding Bids for City Hay Lease in Section 11-T109N- R50W (Main Avenue South & 32nd Street South) Summary: This resolution will award bids for a two-year lease for the City Hay Land located in Section 110- T109N-R50W to Tim Bauer for $50.00 per acre. Background: The City owns a parcel of property in the Northeast ¼of Section 11-T109N-R50W,which is located south of 32nd Street South and east of Main Avenue South as shown on the attached map.This parcel is where the City has constructed wetlands and there is approximately 18 acres of the parcel available to lease for haying.The City advertised the bid for a two-year lease and the bids were opened at 1:30 on Tuesday,November 27,2018 in the Brookings City &County Government Center. The following bids were received: ·Tim Bauer, Elkton, SD $50.00 per acre ·Brian Fett, Dell Rapids, SD $47.00 per acre ·MC Hay, Brookings, SD $40.00 per acre Tim Bauer, Elkton, SD, submitted the highest bid of $50.00 per acre. Following approval of this resolution to award the bids, the City will advertise a Notice of Public Hearing with intent to lease to private person for the City Council’s January 8, 2019 meeting. Fiscal Impact: The City will receive $900.00 per year for 2019 and 2020. Recommendation: Recommend awarding the two-year contract to Tim Bauer for the high bid of $50.00 per acre. Attachments: Resolution Map City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ Resolution No. 18-095 Resolution Awarding Bids To Lease City Hay Land in Section 11-T109N-R50W (Main Avenue South & 32nd Street South) Whereas, the City of Brookings opened bids for a two-year lease of approximately 18 acres of City hay land in Section 11-T109N-R50W, southeast of 32nd Street South and Main Avenue South, on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Lease: Tim Bauer, Elkton, SD $50.00/acre Brian Fett, Dell Rapids, SD $47.00/acre MC Hay, Brookings, SD $40.00/acre Now Therefore, Be It Resolved that the high bid of Tim Bauer, Brookings, SD for $50.00 per acre be accepted. Passed and approved this 11th day of December, 2018. CITY OF BROOKINGS ________________________________ Keith Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 36TH ST S MAPLE DR 32ND S T S 3 2 ND S T S 35 TH ST S MAIN AVE SMAIN AVE S City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-096,Version:1 Action on Resolution 18-096, A Resolution Awarding Bids for Airport Hay Lease Summary: This resolution will award bids for the 2019-2020 Airport Hay Lease. Background: The City has approximately 314 acres of property at the Brookings Regional Airport in Sections 26, 27 and 28, T110N, R50W that is available for the hay lease. The City advertised for a two-year lease with the option to renew for one additional year. A bid letting was held at 1:30 on Tuesday, November 27, 2018 in the Brookings City & County Government Center, and the following bids were received: ·Lyle Johnson, Brookings, SD $78.00 per acre ·MC Hay, Brookings, SD $70.00 per acre ·Tim Bauer, Elkton, SD $65.00 per acre ·Brian Fett, Dell Rapids, SD $56.00 per acre There will be a second step to hold a public hearing at the January 8, 2018 City Council meeting to lease to Lyle Johnson, a private person, as required by statute. Fiscal Impact: The City will receive $24,492.00 in revenue in 2019 and 2020. Recommendation: Recommend awarding the bid to Lyle Johnson in the amount of $78.00 per acre. Attachments: Resolution Map City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ Resolution No. 18-096 Resolution Awarding Bids on Airport Hay Lease Whereas, the City of Brookings opened bids to lease approximately 314 acres of Airport Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T110, R50W, on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Airport Hay Lease: Lyle Johnson, Brookings, SD - $78.00 per acre, MC Hay, Brookings, SD - $70.00 per acre, Tim Bauer, Elkton, SD - $65.00 per acre, and Brian Fett, Dell Rapids, SD - $56.00 per acre. Now Therefore, Be It Resolved that the high bid of Lyle Johnson, Brookings, SD for $78.00 per acre be accepted. Passed and approved this 11th day of December, 2018. CITY OF BROOKINGS ________________________________ Keith Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk tetetexttexttexttextte xttext3RD STDE E R L N3RD ST S4TH ST S1ST ST SC R YS T AL R I D G E R D8TH ST SW 1 6 T H AVE10TH ST WW 2ND ST SRAILROAD STW E S T ERN A V E D IV I S I O N A V EFRONT STFRONT ST4TH STW E S T E R N A V E S WESTER N A V E SO N AKA TR L W 6TH STHENRY AVEHENRY AVE 7TH ST1 S T AVE S 5TH ST S2 N D AVEMAIN A V ERD AVE MA I N A V E S WILSON AVE R E GENCY CTREGENCY CTW 8TH ST SW 8TH ST S1 S T A V E5TH AV E 5TH ST8TH ST W2ND ST SW US HW Y 14W 1 6 T H A V E S6TH ST City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0528,Version:1 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a one year contract (01/01/2019 - 12/31/2019). Summary: Attached is a contract for City Attorney services for the City of Brookings with Mr. Steve Britzman. The term is for one year. Recommendation: Staff recommends approval. Attachments: Contract - marked Contract - clean City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ Legal Services Agreement _______________ THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year period, commencing January 1, 2019 and ending December 31, 2019, unless extended by mutual agreement of the parties in writing. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which shall include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2019 through December 31, 2019 of Seven Thousand Nine Hundred Eighteen and 70/ Eight Hundred Ninety-nine and 43/100 ($7,918.70 7,899.43) Dollars, payable on the last day of the month. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $175.00 during the term of this Agreement. The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 2 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Three Thousand Dollars ($3,500.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Dated this ____day of December, 2018. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this ____day of December, 2018. CITY OF BROOKINGS, SOUTH DAKOTA Paul Briseno, City Manager ATTEST: _______________________________ Shari Thornes, City Clerk 3 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues who specialize in areas of law to establish and verify 4 a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost- effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. Legal Services Agreement _______________ THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year period, commencing January 1, 2019 and ending December 31, 2019, unless extended by mutual agreement of the parties in writing. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which shall include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2019 through December 31, 2019 of Seven Thousand Nine Hundred Eighteen and 70/100 ($7,918.70) Dollars, payable on the last day of the month. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $175.00 during the term of this Agreement. The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 2 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during this Agreement, the City will provide Three Thousand Dollars ($3,500.00) for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Dated this ____day of December, 2018. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this ____day of December, 2018. CITY OF BROOKINGS, SOUTH DAKOTA Paul Briseno, City Manager ATTEST: _______________________________ Shari Thornes, City Clerk 3 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues who specialize in areas of law to establish and verify 4 a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost- effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-099,Version:1 Action on Resolution 18-099, a Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement. Summary: Brookings Marketplace LLC has requested an amendment to the Development Agreement for a time extension. Background: The City of Brookings entered into a Development Agreement with Brookings Marketplace LLC for the development of the city owned 26 acre parcel on the northeast quadrant of Interstate 29 and 6th Street. Per the development agreement, a request for an extension was received by the City of Brookings by September 1, 2018. The amendment proposes to amend the terms of the Development Agreement by providing a time extension to complete its due diligence. Approval of the resolution would extend the period of time for the Developer to complete its due diligence to April 1, 2019. Staff Recommendation: Staff recommends approval. Attachments: Resolution 18-099 Amendment City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ RESOLUTION NO. 18-099 RESOLUTION AUTHORIZING THE CITY OF BROOKINGS TO AMEND THE BROOKINGS MARKETPLACE DEVELOPMENT AGREEMENT __________________ BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the “City”), as follows: WHEREAS, the City of Brookings approved a Development Agreement between the City of Brookings and Brookings Marketplace, LLC on December 13, 2016, and WHEREAS, the parties now desire to modify Sections 4 and 7 of said Development Agreement to extend the time of performance by the Developer to allow the City and Developer to hold further discussions concerning the Brookings Marketplace project; NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That an Amendment to the Development Agreement by and between the City of Brookings and Brookings Marketplace, LLC is hereby approved, and 2. The Mayor, City Manager and City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein, consistent with the terms of this Resolution. Dated this _____ day of December, 2018. CITY OF BROOKINGS, SOUTH DAKOTA Keith Corbett, Mayor ATTEST: Shari L. Thornes, City Clerk AMENDMENT TO THE BROOKINGS MARKETPLACE DEVELOPMENT AGREEMENT ______________ This Amendment to the Brookings Marketplace Development Agreement is made and entered into by and between the City of Brookings, South Dakota and Brookings Marketplace, LLC, a South Dakota Limited Liability Company. WHEREAS, the City did approve a Development Agreement between the City of Brookings and Brookings Marketplace, LLC on December 13, 2016, and the parties now desire to modify Sections 4 and 7 of said Development Agreement to extend the time of performance by the Developer to allow the City and Developer to hold further discussions concerning the Brookings Marketplace project. NOW, THEREFORE, the parties to the above-referenced Development Agreement hereby amend said Development Agreement in the manner hereinafter following. I. The parties also revise Section 4 of the Development Agreement, to extend from December 31, 2018 until April 1, 2019 the time provided for the Developer to perform its due diligence; and The parties hereby revise Section 7 of the Development Agreement to extend the proposed schedule for the initial Phase 1 property transfer until April 1, 2019. II. The parties hereby ratify and confirm all other provisions of the original Development Agreement approved as of the 16 th day of December, 2016, and hereby affirm their intent to have said Development Agreement, as amended, remain in full force and effect. Dated as of this ____ day of December, 2018.Dated as of this ____ day of December, 2018. APPROVED:APPROVED: BY CITY OF BROOKINGS BY BROOKINGS MARKETPLACE, LLC Keith Corbett, Mayor Michael S. Bender, Member ATTEST: Shari Thornes, City Clerk Clark James Drew III, Member City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-101,Version:1 Action on Resolution 18-101, a Resolution authorizing the City of Brookings to execute Lease Extension Amendment Agreements with Cellular Inc. Network Corporation D/B/A Verizon Wireless. Summary: The City of Brookings entered into Option Lease Agreements to accommodate several cell tower/communication facilities within the city limits in 2006. The owner requested a lease extension for three locations, which is mutually beneficial to both parties. Background: During the past 4 months, the City Attorney have been negotiating with 2 representatives of American Tower, which is the company that handles Verizon Wireless’ cell towers. American Tower requested on behalf of Verizon to extend their current cell tower leases for 3 locations in Brookings. The three locations are as follows: 1. The East Cell Tower on 8th Street South near Bob Shelden Field; 2.The 22nd Avenue Tower location next to Edgebrook Golf Course; and 3.The North Medary Cell Tower location next to the BMU wells and community gardens. The leases currently are set to expire in 2030 and 2031 and American Tower has requested 25-year extensions. In exchange, the City Attorney negotiated lease extension bonuses of $50,000 for each tower and a revenue share increase from 15% to 20% for any collocation fees from the respective towers. Based on the proposed extensions, the current leases, as extended, will expire in 2055 and 2056. We will continue to receive annual rent from these towers-the current rent is $13,288.64 to $13,687.31 per tower, plus an annual 3% increase per tower. The City Attorney have reviewed and revised the proposed Lease Extension Agreements and finds them acceptable and consistent with the changes outlined above. A Resolution approving the lease extension agreements is also provided with this memo. Recommendation: Staff recommends approval. Attachments: Memo Lease Agreement City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ Memorandum To: Mayor Corbett and Council Members, Paul Briseno, City Manager and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: December 7, 2018 Re: Cell Tower Lease Extension Agreements Discussion During the past 4 months, I have been negotiating with 2 representatives of American Tower, which is the company that handles Verizon Wireless’cell towers. American Tower requested on behalf of Verizon to extend their current cell tower leases for 3 locations in Brookings. The three locations are as follows: 1. The East Cell Tower on 8 th Street South near Bob Shelden Field; 2. The 22 nd Avenue Tower location next to Edgebrook Golf Course; and 3. The North Medary Cell Tower location next to the BMU wells and community gardens. The leases currently are set to expire in 2030 and 2031 and American Tower has requested 25-year extensions. In exchange, I negotiated lease extension bonuses of $50,000 for each tower and a revenue share increase from 15% to 20% for any collocation fees from the respective towers. Based on the proposed extensions, the current leases, as extended, will expire in 2055 and 2056. We will continue to receive annual rent from these towers—the current rent is $13,288.64 to $13,687.31 per tower, plus an annual 3% increase per tower. I have reviewed and revised the proposed Lease Extension Agreements and find them acceptable and consistent with the changes outlined above. AResolution approving the lease extension agreements is also provided with this memo. Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 Email: britzmanlaw@brookings.net _____________________________________________________________ RESOLUTION NO. 18-101 RESOLUTION AUTHORIZING THE CITY OF BROOKINGS TO EXECUTE LEASE EXTENSION AMENDMENT AGREEMENTS WITH CELLULAR INC. NETWORK CORPORATION D/B/A VERIZON WIRELESS __________________ BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the “City”), as follows: WHEREAS, the City of Brookings leases three cell towers to Cellular Inc. Network Corporation d/b/a Verizon Wireless, formerly known as Sanborn Cellular, Inc., d/b/a Verizon Wireless, and WHEREAS, the three cell towers are located on 22 nd Avenue (next to Edgebrook Golf Course), and near Bob Shelden Field (the East Tower on 8th Street South), and at a third location on North Medary (next to the BMU wells and the community gardens), and WHEREAS, the City has received requests for 25-year least extensions for the three cell towers, resulting in new proposed expiration dates of 2055 and 2056, and WHEREAS, the City of Brookings finds the proposed terms for the cell tower lease extensions to be acceptable, NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: The Mayor, City Manager, City Clerk and City Attorney are hereby authorized to execute on behalf of the City the documents required to complete the cell tower lease extensions transactions described herein, consistent with the terms of this Resolution in a manner satisfactory to the City Manager. Dated this _____ day of December, 2018. CITY OF BROOKINGS, SOUTH DAKOTA Keith Corbett, Mayor ATTEST: Shari L. Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0541,Version:1 Public Hearing and Action on a Temporary Liquor Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 2, 2019, for a Gala and Grand to be held at 1700 8th Street South. Summary: St. Thomas More has applied for a temporary alcohol license to hold a fundraising event on February 2, 2019 at their facility located at 1700 8th Street South. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. Recommendation: Staff recommends approval. Attachments: Legal Notice City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™ Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, December 11, 2018, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Liquor License Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 2, 2019, for a Gala and Grand to be held at 1700 8th Street South. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 30th day of November, 2018. Shari Thornes, City Clerk Published time(s) at an approximate cost: $. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 18-017,Version:1 Second Reading and Action on Ordinance 18-017, an Ordinance pertaining to the use of commercial pedal cars in the City of Brookings, South Dakota. Summary: This Ordinance would permit the operation of Commercial Pedal Car/Bar in restricted areas in the City of Brookings. A commercial pedal bar vehicle allows passengers on board to drink alcohol. Pedal Bars are only required to obtain an alcohol “carrier” license from the State, similar to other conveyance vehicles (limousine, party bus). No city licenses are required; however, cities may choose to regulate conveyance vehicles by adopting a local ordinance. Pedal Bars are becoming popular across the country and are currently operating in Rapid City and Sioux Falls without local restrictions. Staff is recommending adoption of the proposed ordinance, which defines the following requirements: 1)Routes must be approved by the City Manager 2)Hours of operation between 10 a.m. to midnight daily 3)No liquor, only beer and wine 4)No glass containers 5)Vehicle safety and operational requirements 6)Ability to revoke a permit Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 12/11/2018Page 1 of 1 powered by Legistar™ Ordinance 18-017 AN ORDINANCE PERTAINING TO THE USE OF COMMERCIAL PEDAL CARS IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AS FOLLOWS: I. ARTICLE IV. COMMERCIAL PEDAL CARS Sec. 6-141. Definitions. As used in this article, the following terms shall have the meanings indicated: Alcohol Beverages: Means any distilled spirits, wine and malt beverages as defined in SDCL Chapter 35. Commercial Pedal Car/ also known as a Quadricycle: A vehicle with fully operational pedals for propulsion entirely by human power, that has four wheels and is operated in a manner similar to a bicycle, that is equipped with at least four (4) seats for passengers, that is designed to be occupied by a driver and passengers providing pedal power to the drive train of the vehicle, that is used for commercial purposes. Malt Beverages: Has the meaning set forth in SDCL 35-1-1(8). Wine and Wine Based Beverages: Has the meaning set forth in SDCL 35-1-1(25). Sec. 6-142. Compliance with city ordinances. (1) Commercial pedal cars operating within the City shall also comply with Brookings Ordinance Chapter 82, Article XI, relating to bicycles. (2) Commercial pedal cars operating within the City shall also comply with Brookings Ordinance Chapter 6, which pertains to alcoholic beverages. Any alcoholic beverages sold in the City of Brookings shall be purchased in the City of Brookings. Sec. 6-143. Parking on sidewalk prohibited. No person shall park a commercial pedal car upon any sidewalk in the City. The pedal car may, however, occupy up to two diagonal parking spaces and may park parallel to the curb. Sec. 6-144. License required. No person shall drive or operate a commercial pedal car upon any street, sidewalk or other public place in the city without first registering and obtaining a city license for such commercial pedal car. Sec. 6-145. License application procedure. (1) Application for a license for a commercial pedal car shall be made by the owner of the pedal car to the city clerk, in writing, upon forms furnished by the city. Such application shall be signed by the owner and submitted to the city clerk for approval on an annual basis. The fee for an annual license shall be set by resolution of the City Council and paid to the City prior to issuance of the license. Such license shall be issued in January each year, or thereafter when applied for, and shall expire on the 31st day of December following its issuance. (2) Upon payment of the necessary fees and approval of the City Manager or the designee of the City Manager, the City may issue or cause to be issued a license for the owner. Transfer of the license to another person is prohibited. (3) Revocation. A license may be revoked by the city clerk or the designee of the city clerk at the request of the City Manager or Police Chief for any of the following reasons: (a) Failure to comply with any of the provisions of this Article; (b) Violating any State statute or City ordinance. (4) Any applicant whose license has been denied or revoked under the provisions of this section may appeal said denial or revocation to the City Manager. Sec. 6-146. Consumption of alcoholic beverages. (1) No alcohol beverage, other than beer, wine, hard cider or malt-based beverages below six (6) percent alcohol content may be consumed by passengers of a commercial pedal car. (2) The above restrictions shall apply whenever a pedal car is being used or operated. Sec. 6-147. Equipment requirements. Commercial pedal cars operating within the City shall be equipped with the following: (1) Lighting on the vehicle which shall be the following: (a) A light on the front which shall emit a white light visible from a distance of 300 feet to the front. (b) A taillight mounted on the rear, which when lighted shall emit a red light plainly visible from a distance of 500 feet to the rear. (c) A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may, but need not, be incorporated with a taillight. Every brake light shall be plainly visible from a distance of 300 feet to the rear, both during normal sunlight and at nighttime. (2) Rear signage which shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers standard ASAE S276.3, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retro reflective red orange paint. Such emblem shall be mounted on the rear of a pedal car, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition. (3) A mirror capable of showing the driver a view of the roadway for a distance of 200 feet to the rear of the vehicle. (4) A braking system, operable by the driver, that is capable of overriding all methods of propulsion and bringing the vehicle to a complete stop. (5) No commercial pedal car drivers shall permit more passengers to be carried in a commercial pedal car than the commercial pedal car’s normal seating capacity. Sec. 6-148. Insurance requirements. All pedal cars operating for commercial purposes must maintain the following insurance: (1) No owner of a commercial pedal car or any other person shall operate or authorize any other person to operate a pedal car for commercial purposes within the City of Brookings unless the owner has in effect a policy of comprehensive general liability insurance issued by an insurance company duly authorized to do business in the State of South Dakota, which policy provides for the payment of damages for bodily injury or death of a person, and for injury to or destruction of property of a person or entity, due to the liability of the owner or operator of a pedal car arising out of the ownership, operation, use, or maintenance of a pedal car. The policy shall provide coverage with limits in an amount of not less than $1,000,000 per accident. The policy shall provide that the insurer shall give notice of any cancellation or nonrenewal of the policy. (2) The owner of a pedal car shall provide to the city clerk a copy of the certificate of insurance required by subparagraph (1) above. Failure to comply with this provision shall result in the immediate suspension of the owner's rights and privileges to operate the pedal car commercially within the city. Sec. 6-149. Pedal car operator requirements. (1) The operator of a commercial pedal car must be twenty-one (21) years of age and must have a valid South Dakota Driver's License to drive/operate a commercial pedal car in the City of Brookings. (2) No operator of a commercial pedal car may consume alcohol while the commercial pedal car is occupied by passengers. (3) No operator may operate a commercial pedal car while impaired in any manner which would violate SDCL 32-12A-43 (Operation of a commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited). (4) No operator may operate a commercial pedal car on which any alcohol beverages are carried or consumed other than beer, wine, hard-cider or malt based beverages. (5) The owner or operator of a commercial pedal car shall advise passengers that they may only consume beer, wine, hard-cider or malt based beverages on a pedal car. (6) No person shall operate a commercial pedal car if alcoholic beverages are present unless all passengers at all times are twenty-one (21) years of age. Sec. 6-150. Pedal car passenger requirements. (1) No passenger may occupy a commercial pedal car on a seat equipped with a pedal unless such person is physically able to sit upright in the seat and operate the pedals which power the vehicle. (2) No alcohol beverages shall be possessed, carried upon or consumed on a commercial pedal car if any passenger has not attained the age of twenty-one (21). Sec. 6-151. Glass beverage containers prohibited. No glass beverage containers shall be carried upon a commercial pedal car while operated on the public right-of-way. Sec. 6-152. Hours of operation. A commercial pedal car may operate between the hours of 10:00 a.m. to 12:00 a.m. daily. Upon the approval of a written request to the City Manager, the hours of operation may be extended for special events. Sec. 6-153. Pedal car route. (1) The City Manager or designee of the City Manager shall establish the pedal car route and the operator shall adhere to the approved pedal car route. (2) The plan of operation of a licensed commercial pedal car shall be reviewed by City staff as determined by the City Manager. The plan of operation must include the route in which the pedal car shall routinely operate and may include a description of procedures for notifying police or other authorities when anticipated operation of a commercial pedal car deviates from its customary routes. In any event, the pedal car route shall comply with the route approved by the City Manager. (3) Operation of a pedal car upon residential streets or upon or adjacent to the SDSU Campus is prohibited unless the permitted route authorizes travel upon a specific residential street or in the case of streets adjacent to the SDSU campus, after consideration of the approval by SDSU empowered officials. Sec. 6-154. Failure of a licensee to comply with the regulations of this section shall constitute grounds for nonrenewal, suspension or revocation of the license. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: November 27, 2018 Second Reading: Published: CITY OF BROOKINGS, SD Keith Corbett, Mayor ATTEST: Shari L. Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-102,Version:1 Public hearing and action on Resolution No. 18-102, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Restaurant Liquor License for or the Lodge, DenWil Hospitality Group, Inc., owner, 2515 6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp Addition. Summary: DenWil Hospitality Group, Inc. has applied for an On-Sale Restaurant Liquor License for The Lodge, 2515 6th Street, Block 12, Telkamp Addition. A public hearing and action by the local governing body is required to approve all alcohol licenses. All required documents and fee have been submitted for this application. Resolution No. 18-102 would allow the City Manager to enter into the first five years of the enclosed 10-year agreement effective through 2023. The license would be effective January 1, 2019 through December 31, 2019 and subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Background: In August 2018, The Lodge transferred its convention liquor license to Wilbert’s, the new convention facility. Whiskey Creek is the only other business in Brookings with a restaurant liquor license. If approved, the applicant will pay the City a one-time fee of $100,000 as per approved Resolution No. 98-11, a Resolution Establishing the Fee for the Issuance of Full-Service Restaurant On-Sale Licenses in the City of Brookings. Further, the licensee would be subject to $1500 annual renewals. SDCL 35-4-117 Price of full-service restaurant on-sale license set at or above current fair market value. 35-4-117. Price of full-service restaurant on-sale license set at or above current fair market value. Any municipality or county adopting the ordinance pursuant to § 35-4-111 shall, for a period of ten years following adoption of such ordinance, set the price of a new full-service restaurant on-sale license, pursuant to § 35-4-116, at or above the current fair market value. However, the full-service restaurant on-sale license fee may not be less than the minimum on- sale license fee as provided in subdivision 35-4-2(4) or (6). For purposes of this section, the term, current fair market value, means the documented price of the on-sale license most recently sold through an arm's-length transaction, less the value of any real or personal property included in the transaction. If there are no documented sales of on-sale licenses, the municipality or county may request from any on-sale license holder within the municipality or county, the date and price originally paid for its on-sale license to determine the current fair market value. Fiscal Impact Net impact to the City General Fund Revenue will be a one-time Restaurant License fee of $100,000 City of Brookings Printed on 12/7/2018Page 1 of 2 powered by Legistar™ File #:RES 18-102,Version:1 and one-time $100 application fee. Recommendation: Staff recommends approval Attachments: Resolution 18-102 Legal Notice Restaurant Operating Agreement Resolution Establishing the Fee Enabling Ordinance City of Brookings Printed on 12/7/2018Page 2 of 2 powered by Legistar™ Resolution No. 18-102 Den-Wil Hospitality Group, LLC, dba The Lodge Restaurant Liquor Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Liquor between the City of Brookings and Dennis Bielfeldt, Den-Wil Hospitality Group, LLC, owner, dba The Lodge, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 2515 Sixth Street, Legal: Block 12, Telkamp Addition, Brookings, South Dakota Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 11th day of December 2018 CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk NOTICE OF PUBLIC HEARING Restaurant Liquor Alcohol License The Lodge NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on December 11, 2018, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of a Restaurant Liquor License for the Lodge, DenWil Hospitality Group, Inc., owner, 2515 6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 29th day of November 2018 Shari Thornes, City Clerk Published time(s) at an approximate cost $ . LIQUOR OPERATING AGREEMENT – FULL SERVICE RESTAURANT LICENSE THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Den-Wil Hospitality Group, Inc. (owner), doing business as The Lodge, hereinafter referred to as “Licensee.” WITNESSETH; WHEREAS, the City is authorized by State law to issue Full-Service On-Sale Restaurant Licenses, and WHEREAS, the City desires to enter into an Operating Agreement with the Licensee for the purpose of setting forth the requirements and agreements between the City and the Licensee. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. This Agreement is made and entered into between the parties hereto to allow the Licensee to operate as a Full-Service Retail On-Sale Restaurant Licensee, pursuant to and in accordance with all of the terms and conditions of this Agreement, in accordance with all State laws, particularly SDCL 35-4-110 to 35-4-120, inclusive, and City Ordinance 30-08. 2. This Full-Service On-Sale Restaurant License is located upon real estate in the City of Brookings, South Dakota, described as: BLOCK 12, TELKAMP ADDITION , City of Brookings, Brookings County, South Dakota 3. The Licensee will dispense only alcoholic beverages supplied by the Municipal off-sale establishment. 4. This Agreement will be in full force and effect for a period of five (5) years, with the Licensee having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. 5. This Agreement will continue in full force and effect unless the Licensee ceases business, or does not comply with the requirements for Annual Renewal of its License, which requires that at least 60% of gross revenue from the preceding 12 months operation of the restaurant was derived from the sale of food and nonalcoholic beverages. 6. The City reserves the right to request that the Department of Revenue suspend or revoke the Licensee’s Licenses for alcohol-related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto. 7. The Licensee will pay to the City for all alcoholic beverages sold by the City to the Licensee for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Licensee will also pay to the City for all malt beverages sold by the City to the Licensee for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost will include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Licensee further agrees that if either of the markup percentages are increased at any time by the City, the Licensee will pay the markup as so increased. 8. A complete and detailed record will be maintained by the City of all alcoholic beverages supplied to the on-sale Licensee, and such alcoholic beverages so supplied will be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice will bear the signature of the authorized representative of the on-sale restaurant Licensee or its authorized representative. One copy thereof will be retained by the Municipal off-sale establishment, one copy will be retained by the on-sale establishment, and one copy will be filed with the City Clerk. All copies will be kept as permanent records and made available for reference and audit purposes. The Licensee also agrees to maintain a complete record of all alcoholic beverages received from the City. 9. The Licensee agrees to pay the CITY OF BROOKINGS a one-time Fee of One Hundred Thousand and no/100 Dollars ($100,000), at or prior to the execution of this Agreement. The Licensee also agrees to pay the CITY OF BROOKINGS, an Annual Renewal License Fee of One Thousand Five Hundred and no/100 Dollars ($1,500.00) on or by November 1 st of each year of this Agreement, so the application can be timely processed by the Department of Revenue. 10. In accordance with State law, a restaurant that has a Full-Service On-Sale Restaurant License may only be advertised or held out to the public as primarily a food eating establishment. No Licensee that has a Restaurant On-Sale License may allow smoking on the licensed premises. 11. The Licensee further agrees to operate the on-sale restaurant establishment only on such days and at such hours as permitted by State law and City Ordinances. 12. The Licensee agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Licensee prior to the effective date of the change or termination date of the credit policies. This Operating Agreement will also be subject to suspension or termination if payments for alcoholic beverages supplied by the Municipal off-sale establishment to be sold on the premises of Licensee are late or not fully paid. 13. The Licensee agrees to observe all Federal and State laws and Ordinances of the City of Brookings, and to file its Annual Report pursuant to SDCL 35-4-113. 14. The City will have the right to audit the records of the Licensee relating to the On-Sale Restaurant License in order to verify the Licensee’s compliance with SDCL 35-4-113 (which sets forth the renewal requirements based upon 60% food and nonalcoholic beverage sales). 15. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement will not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Licensee will constitute a separate and distinct offense and grounds for immediate action to terminate or revoke this Agreement. 16. This Agreement is not assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 11 TH day of December, 2018 CITY OF BROOKINGS, South Dakota A Municipal Corporation By: Paul Briseno, City Manager ATTEST: Shari Thornes, City Clerk LICENSEE By: Dennis Bielfeldt Den-Wil Hospitality Group, Inc. Resolution No. 98-11 A Resolution Establishing the Fee for the Issuance of Full-Service Restaurant On-Sale Licenses in the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the State of South Dakota has authorized municipalities to issue full-service restaurant on-sale licenses pursuant to SDCL 35-4-110 through 35-4-120; and Whereas, as required by State law, the license fee charged for a Full-Service Restaurant On-Sale License shall be set at or above the current fair market value for such license, based upon the documented price of the On-Sale License most recently sold between January 1, 2003 and January 1, 2008, through an arm's-length transaction; and Whereas, the license fee charged for a Full-Service Restaurant On-Sale License as provided herein is based upon the foregoing statutes, and it has been determined that the City of Brookings is required to recognize transfers of its Operating Agreements during the period between January 1, 2003 and January 1, 2008, and the City of Brookings, in compliance with that determination, evaluated documents establishing the amount paid for the Operating License under the procedure set forth in SDCL 35-4-120; and Whereas, in accordance with SDCL 35-4-117, the City of Brookings has received and has thoroughly reviewed documentation of the price attributed to the sale and transfer of an Operating Agreement to Gus Theodosopoulos, which is the most recent transaction occurring between January 1, 2003 and January 1, 2008; and Whereas, the documented price set forth in the Gus Theodosopoulos Purchase Agreement is determined to be $100,000, which constitutes the fair market value to be utilized as the minimum price of a Full-Service Restaurant On-Sale License in the City of Brookings. Now, Therefore, Be It Resolved that the fee for the issuance of Full-Service Restaurant On-Sale Licenses in the City of Brookings shall be One Hundred Thousand Dollars ($100,000.00). Passed and adopted: August 9, 2011 Motion to Reconsider: August 23, 2011 TABLED to August 30, 2011 Adopted: August 30, 2011 APPROVED CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk   ORDINANCE NO. 30-08 AN ORDINANCE ESTABLISHING PROCEDURE FOR THE ISSUANCE AND REGULATION OF ON-SALE LICENSES FOR FULL-SERVICE RESTAURANTS IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Sec. 6-50. Full-Service On-Sale Restaurant Licenses. a. Definitions of Terms: Terms used in this ordinance mean: (1) “Bar,” any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages; (2) “Full-service restaurant,” any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or food such as sandwiches, hamburgers, or salads is not a full-service restaurant; (3) “Restaurant,” any area in a building maintained, advertised, and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where not more than forty percent of the gross revenue of the restaurant is derived from the sale of alcohol or alcoholic beverages. The restaurant shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals. b. License Application Requirements: Documentation: An applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality with an application form provided by the municipality to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverages. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential. c. Annual Reports: The full-service restaurant on-sale licensee shall submit an annual report and supporting documentation to the City on forms provided by the City of the annual sales of the full- service restaurant, which includes an oath verifying the validity of the information provided in the report. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross sales of the licensee for the following two categories: (i) Food and nonalcoholic beverage sales; and (ii) Alcoholic beverages sales. d. License Renewals: When renewing a full-service restaurant on-sale license, the City shall condition the license renewal upon receiving documentation that not more than forty percent of gross sales from the preceding twelve months operation of the full-service restaurant is derived from the sale of alcohol or alcoholic beverages. e. Only Retail, On-Sale Service Permitted: A full-service restaurant on-sale licensee may only serve alcoholic beverages for on- premise consumption in the bar and dining room area of the restaurant. f. Smoking Prohibited: No licensee that has a full-service restaurant on-sale license may allow smoking on the licensed premises. g. Full-Service Restaurant License Fees: (1) As required by State law, the license fee charged for a full-service restaurant on- sale license shall be at or above the current fair market value for such license as determined herein. However, any fair market value so established shall be a minimum of one dollar for each person residing within the City as measured by the last preceding decennial federal census. (2) The license fee shall be initially established by Resolution within ninety (90) days of the initial adoption of this ordinance. Subsequent changes in the license fee shall not be made for a period of ten (10) years from the effective date of adoption of this ordinance unless a population growth reported by the Federal decennial census requires an increase in the fee. (3) Fair Market Value for full-service restaurant license shall be established as follows: (a) Within 90 days of the effective date of this ordinance and as required by State statute, each licensee within the City who owns an on-sale license issued pursuant to SDCL 35-4-2 (4) or (6) as of January 1, 2008, and who purchased the license or had the license transferred to such licensee at anytime between January 1, 2003, and January 1, 2008, shall report the amount originally paid for the on-sale license to the City of Brookings City Manager on forms provided by the City. Any form submitted pursuant to this provision shall be signed under oath and shall include the documents establishing the amount originally paid for the on-sale license. If the transaction for the purchase of the on-sale license included real or personal property, the full market value of the real or personal property on the date of the original sale shall be deducted from the total transaction price to determine the amount paid by the licensee for the on-sale license. The burden of establishing the amount paid for the license shall be on the licensee. Any licensee contesting the fair market value of the real or personal property may appeal the valuation adopted by the City to circuit court. (b) For purposes of this section, the term, “Current Fair Market Value” means the documented price of the on-sale license most recently sold between January 1, 2003, and January 1, 2008, through an arm’s length transaction, less the value of any real or personal property included within the transaction. (c) In the event it is determined that under SDCL Chapter 35-4, no on-sale license has been purchased or transferred because such licenses are not transferable in a local option community, but may only be subject to an Operating Agreement, then the license fee shall nonetheless be set at or above the minimum of One ($1.00) dollar for each person residing within the City as measured by the last preceding decennial federal census. h. Registry of Full-Service Restaurant On-sale Licensees: The City shall maintain a registry of each full-service on-sale restaurant license that is being offered for sale and the City shall furnish a copy of the registry to anyone who requests a new-full service restaurant on-sale license. The existing full-service restaurant on-sale licensee is responsible for registering with the City that the full-service restaurant on-sale license is for sale. i. Issuance of new Full-Service Restaurant Licenses restricted: The City may only issue a new license pursuant to this ordinance if no on-sale license is on the registry or a person desiring to purchase an on-sale license listed on the registry provides documentation showing that the person is unable to purchase the on- sale license at the price established in section g of this ordinance and on terms satisfactory to both the potential buyer and seller. The price of any on-sale license registered as “for sale” with the City shall be sold at the current fair market price set by the City pursuant to a Resolution adopted in accordance with section g (2) of this ordinance. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: August 12, 2008 SECOND READING: August 26, 2008 PUBLISHED: August 29, 2008 CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Scott D. Munsterman, Mayor Shari L. Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0540,Version:1 Action on 2019 City Manager Compensation Package. Summary: The City Council will take action on City Manager Paul Briseno’s compensation package for 2019. City of Brookings Printed on 12/7/2018Page 1 of 1 powered by Legistar™