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HomeMy WebLinkAbout2025-04-21 I01F_02 PD Training Expense Reimbursement_HartAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 21, 2025 AGENDA ITEM:Consideration of approval of a resolution approving Certification Expense Reimbursement Agreement between Collin Hart and the City of Waukee, and authorizing Chief McCluskey to execute agreement. FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: Collin Hart was recently hired by the Waukee Police Department in the position of Police Officer. Mr. Hart will complete basic training at the Iowa Law Enforcement Academy (ILEA) at the City’s cost. The Certification Training Expense Agreement addresses payment to the City if the employee is unable to complete training or if the employee separates from the City within the first four (4) years of employment with the City. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The estimated total expense for Mr. Hart is $30,821.64, which includes ILEA basic training, uniforms and equipment, and wages and benefits (above federal minimum wage). COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Certification Training Expense Reimbursement Agreement PREPARED BY:Chad McCluskey, Police Chief REVIEWED BY:Brad Deets, City Administrator I1F2 THE CITY OF WAUKEE, IOWA RESOLUTION 2025-___ APPROVING CERTIFICATION TRAINING EXPENSE REIMBURSEMENT AGREEMENT BETWEEN COLLIN HART AND THE CITY OF WAUKEE, IA. IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, as part of an approved offer of employment and in order to fulfill all the duties of a Waukee Police Officer, Collin Hart is required to undergo training through the Iowa Law Enforcement Academy (ILEA); AND, WHEREAS, City staff recommends approval of a Certification Training Expense Reimbursement Agreement to address matters related to ILEA training; NOW THEREFORE BE RESOLVED by the City Council of the City of Waukee, Iowa on this 21st day of April, 2025, hereby accepts and approves the Certification and Training Reimbursement Agreement between Collin Hart and the City of Waukee, IA. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair Page 1 of 4 AGREEMENT This agreement is entered into by the City of Waukee, Iowa, hereinafter referred to as “City” and Collin Hart, hereinafter referred to as “Employee.” THE INTENT OF THIS AGREEMENT IS TO PROVIDE FOR THE TRAINING OF COLLIN HART AS A CERTIFIED PEACE OFFICER IN THE STATE OF IOWA, AND TO SPECIFY THE CONSIDERATION THAT EMPLOYEE PROVIDE THE CITY IN RETURN FOR THIS TRAINING. THIS AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY AS AN EMPLOYMENT AGREEMENT, WHICH WOULD PROFFER A PROPERTY RIGHT OR INTEREST IN EMPLOYMENT. 1. The City and the Employee agree the Employee will attend the Iowa Law Enforcement Academy (ILEA) at the expense of the City to receive certification as a Law Enforcement Officer in accordance with the Iowa Law Enforcement Academy (ILEA) training requirements. The training at the Iowa Law Enforcement Academy (ILEA) is scheduled to begin May 5, 2025. The City will pay all expenses of training, as well as the Employee’s regular wages during the Iowa Law Enforcement Academy (ILEA) training. The Employee agrees to be responsible for reimbursing the City in accordance with the rules for reimbursement as stated hereafter in this agreement. The Employee agrees to Reimburse the City for the City’s costs incurred as a result of employment outlined in this agreement, including wages paid (above current federal employee minimum wage), all uniform/equipment related items purchased for the Employee, Employee’s tuition, fees, clothing vendor costs, meal costs, supplies, travel expenses, and incidental expenses incurred while attending the Iowa Law Enforcement Academy (ILEA). An estimate of the costs set out above is listed in Exhibit “A” which is attached hereto and by this reference incorporated into this agreement. Expenses will be based on the actual cost incurred by the City, as these costs become known. 2. Employee understands and acknowledges this agreement is related to their bona fide employment as a police officer with the City, and this agreement is not for the purpose of achieving certification for the Employee by way of “sponsorship” through the Iowa Law Enforcement Academy (ILEA). 3. The Employee may, at the City’s option, be required to work for the Waukee Police Department while attending the Iowa Law Enforcement Academy (ILEA) training program and may be required to patrol, operate the computer system, perform clerical tasks, or perform other duties as assigned by the Chief of Police or the Chief’s designee. The hours expended by the Employee in attendance at the Iowa Law Enforcement Academy (ILEA) training program and service to the Police Department will be subject to the same limitations and compensatory time policies as apply to all police officers of the City. 4. The Employee shall have a probationary period of one (1) year, consistent with the Waukee Police Department policy and State law. 5. The Employee shall serve as a full-time officer for the City of Waukee after graduation from the Iowa Law Enforcement Academy (ILEA) and upon meeting all criteria needed to receive proper certification. Page 2 of 4 6. In consideration for providing this training, the Employee agrees to work for the City of Waukee as a police officer for at least four (4) years from the date the Employee graduates from the Iowa Law Enforcement Academy (ILEA) and has met all criteria needed to receive certification. 7. In the event the Employee does not successfully complete the training program at the Iowa Law Enforcement Academy (ILEA), the Employee shall be released from employment with the City of Waukee and the Employee shall reimburse the City for expenses outlined in this agreement. 8. In the event the Employee’s employment is terminated from the Waukee Police Department or the Employee resigns without having served as a certified police officer for at least four (4) years, the Employee shall reimburse the City for expenses incurred as outlined in the following schedule: a. If the Employee is terminated or resigns less than one (1) year following the completion of approved training, the Employee shall reimburse the City one hundred percent (100%) of the total costs as outlined in this agreement, including uniforms and equipment purchased for the Employee. b. If the Employee is terminated or resigns after at least one (1) year but less than two (2) years following the completion of approved training, the Employee shall reimburse the City seventy-five percent (75%) of the total costs as outlined in this agreement, including uniforms and equipment purchased for the Employee. c. If the Employee is terminated or resigns after at least two (2) years but less than three (3) years following the completion of approved training, the Employee shall reimburse the City fifty percent (50%) of the costs as outlined in this agreement, with the exception of uniforms / equipment purchased for which no reimbursement will be calculated. d. If the Employee is terminated or resigns after at least three (3) years but less than four (4) years following the completion of approved training, the Employee shall reimburse the City twenty-five percent (25%) of the costs as outlined in this agreement, with the exception of uniforms / equipment purchased for which no reimbursement will be calculated. 9. If the Employee voluntarily terminates employment after the fourth year, the Employee shall not be responsible to reimburse any of the expenses outlined in this agreement. 10. Reimbursement shall be made within thirty (30) days of termination or voluntary resignation, unless the parties agree, in writing, to alternate arrangements. Interest shall commence from the date of termination or voluntary resignation at the rate of two percent (2.0%) per annum, and shall be calculated on the unpaid principal balance after thirty (30) days from the date of termination or voluntary resignation. Page 3 of 4 11. It is further acknowledged if reimbursement is not made in accordance with this agreement, the City of Waukee may petition the Iowa Law Enforcement Academy (ILEA) for decertification of Employee, as well as seek any other remedies available to the City for collection of amounts owed under the law. Employee agrees to reimburse the City for reasonable attorney’s fees incurred in collecting the amounts owed under this Agreement. 12. This Contract is governed by Iowa Law and the parties hereto agree that any action, suit, or proceeding based upon any matter, claim, or controversy arising under this agreement shall be brought solely in the State courts located in Dallas County, Iowa. 13. This agreement may be amended or cancelled only upon agreement of both the City and the Employee, and only when documented in writing. 14. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. 15. Restrictions on Working. Employee understands and accepts that he/she shall agree to NOT accept employment with another law enforcement agency within four (4) years of his/her completion of training. Employee acknowledges that this restriction is necessary to protect Employer’s legitimate business interest, it is reasonably limited in time and space, and it is in the public interest. Employee further acknowledges that should he/she breach this restriction then Employer shall be entitled to injunctive relief in addition to any other remedies at law or equity to enforce this restriction. Executed this ________ day of __________, 2025 . City of Waukee, by: Employee: ________________________________ ___________________________________ Courtney Clarke, Mayor Collin Hart, Employee Attest: ________________________________ ___________________________________ Becky Schuett, City Clerk Date Page 4 of 4 Waukee Police Department 1300 SE L.A. Grant Pkwy Waukee, Iowa 50263 EMPLOYEE REIMBURSEMENT AGREEMENT EXHIBIT “A” – EXPENSES Iowa Law Enforcement Academy (ILEA) Expenses (Reimbursable through Year 4) Tuition…………………………………………………………….………...…….. $4800.00 P.I.T. Certification………………………………………………………………. $225.00 Ammunition………………………………………………………..………..….. $150.00 Meal Plan…………………………………………………………………….….. $2597.00 ILEA Uniforms………………………………………………………..………..… $230.00 TOTAL ESTIMATE OF ILEA EXPENSES…………………………………………. $8,002.00 Uniforms and Equipment for Employment (Reimbursable through Year 2 only) Ballistic Vest………………………………………………………….............…. $1400.00 Uniform Shirts/Pants/Clothing.………………………………………………. $3,328.00 TOTAL ESTIMATE OF UNIFORM/EQUIPMENT EXPENSES…………………… $4,728.00 Wages (above Federal Minimum Wage) ILEA Basic Academy = 16 Weeks (16 weeks x 40-hours = 640 hours)… $15,232.00 * Federal Minimum Wage = $7.25 * Non-Certified New Hire Wage = $31.05 * Wages Calculated for Reimbursement = $23.80 Benefits = 16 Weeks (assumes single plan)……………………………….$2,859.64 * City portion of premium for health/vision/dental = $714.91 per month TOTAL ESTIMATE OF WAGES AND BENEFITS……………………………….$18,091.64 ESTIMATED TOTAL EXPENSES………………………………………………………….$30,821.64 This agreement may be amended or cancelled only upon written agreement of both the City of Waukee and the Employee. Executed this _______ day of ______________, 2025 . __________________________________ __________________________________ Chad McCluskey, Chief of Police Employee – Collin Hart