===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _ 2-f. Resolution No. 20-R-0075 — Collective Bargaining Agreement Between the City of West Chicago and the FILE NUMBER: Fraternal Order of Police COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: 12/7/2020 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: The attached Collective Bargaining Agreement matches the recommended direction provided to the City Council. It is a two-year contract with only wages being changed. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 20-R-0075 COMMITTEE RECOMMENDATION: Collective Bargaining Agreements are submitted directly to the City Council for approval. ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 20-R-0075 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN LABOR AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND THE FRATERNAL ORDER OF POLICE BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that Mayor is hereby authorized to execute and the City Clerk is authorized to attest a certain Labor Agreement between the City of West Chicago and the Fraternal Order of Police, in substantially the form attached hereto and incorporated herein as Exhibit “A”. APPROVED this 7" day of December, 2020. AYES: NAYS: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF WEST CHICAGO AND FRATERNAL ORDER OF POLICE 2021-2022 ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] ARTICLE 1 RECOGNITION SECTION 1.1 RECOGNITION ....ssecsssessessessesessecsessessesusevcsssevsavarscsecasevarcarcarcaressuessssessavsessecavesecsvueareessnesssees SECTION 1.2 PROBATIONARY PERIOD sitsisssissiscsssecessesscossoovecsosesenevecessesecsosecessosorasassecssscnssesensecunasessesszasoene SECTION 1.3 FAIR REPRESENTATION.......00.+- SECTION 1.4 LABOR COUNCIL EMPLOYEES.. SECTION 1.5 GENDER.....sssessesesessesecsessesesecssscsveessusavansaceesnees SECTION 1.6 SENIORITY sscssiisscewan annua DEC RION IEE TING REQUEST v sccsnesupnosnesesnsnnavenvsscuneuvamennauncanecanusevean nyaesuneenesanwsavarsnnemeancanovacencarrancanis 2 SECTION 3.2 CONTENT ....scsesssssossssesececsesescsesesssesssecnescsesvavsecsassacavavacsesesssscsvensarsusarsvssescetacacscsacarsacavensveneanea 3 DECHIONS.3:- ATTENDANGE. ssizxcssvicniecintesei WES UENCE NLA NCE OT STS RNC 3 ARTICLE:4: MANAGEMENT RIGHTS ssssssassvsssssssssvsnsesssssissssnccecieusvssdcsessovsscatuiwereveveiwssssvesvceusssveiseave 3 ARTICLE'S SUBCONTRACTING sisissssssscsvsivivesucsniaunsssvescansassusuivisnnsisnnnsavesavasssseusaivs vascacaniessausNeianeCass 4 ARTICLE 6 HOURS OF WORK AND OVERTIME... BECTION Gul APS CATION OF ARTIOUE .casssanevsspaxnomareceronesnmmannsaotiaanousunssarmencmresununmsereenceemnsiinns SECTION 6.2 NORMAL WORKDAY AND PAY PERIOD......escssssesseseesesscsssessessesececsvesecsesucacsessesucncssncassssneensene SECTION 6.3 CHANGES IN NORMAL WORKWEEK AND WORKDAY... SECTION 6.4 OVERTIME PAY AND REQUIRED OVERTIME ...-...cccesessssessesesseseesessecsesvess SECTION 6.5 WoRK DURING VACATION, FLOATING HOLIDAY OR PERSONAL DAY......:+e+0e+0+00+ SECTION 6:6 COMPENSATORY LIME sssssrsasncscvsuseccesscaceisevccavasvanessuneawscaneucsucvaieveaiesienuiaireises SECTION 6.7 COURT TIME........s.:0008 SECTION 6.8 CALL-BACK Pay .... SECTION 6.9 NO PYRAMIDING..... eee SECTION 6.10 DETECTIVE ON-CALL PAY.....cccssecesseseesesessesenees ARTICLE 7 SHIFT ASSIGNMENT AND SCHEDULING. .... SECTION 7: UsSGHEDULING sacssesiisssiuicsisstscsansosaiskesasunssinasicacitateodpaanstontasensnsepsagedatuee ati tandosiaailddenrsessensansogee 7 SECTION 7.2 POSTING OF ANNUAL SCHEDULE waisisssosssarssazuacsetanesuaxuacavesscvacuscuascestecteusascauteateunctastinateneees 7 SECTION 7.3 BASIC REQUIREMENTS For EACH SCHEDULE... wl SECTION 7.4 LESS EXPERIENCED OFFICERS ....+:secsssesssesesesees enee; 7 8 8 8 SECTION 7.5 CONCLUSION OF BIDDING PROCESS ssisisssivsivsvinsiucaaserssivssststecsssaucsuiwarewiasteauiens SECTION'7.6: CHANGES TF SYSTEM UNWORKABLE sscsavssscscssessssavesssonesnsovsvtsvonconsonansexvansaene SECTION 7.7 SPECIALIZED WORK UNITS .....0+see+0000002 oa SECTION 7.8 CANINE. UNIT scsvssvssciwssvecsesensscaweasscucissiiscuctcauteacaicii cies eauietteieelaGUustiecisaNsebsneseeeiN tC MERTENS 10-29-20 ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] SECTION:7.9 SCHOOL RESGURGE OFFICERS iwctussessiviceccsrainnivnanuanincenrsmnsawnunniemnnaNMmeNeuTNaNNT 8 ARTICLE § GRIEVANCE, PROCEDURE visssssseasoscsessosssansustnnsssnsoncisevoneesavsasscsisenseneteanconsonseansnercontneneg 8 SECTION 8.1 DEFINITION..... SECTION 8.2 PROCEDURE.... SECTION 8:3: ARBITRATION ssscssssssssivvscsssinuaaunsarreaisicaceane SECTION 8.4 LIMITATIONS ON AUTHORITY OF ARBITRATOR w.ssssssssesssessesersesesececsescsecscscaeeeeneseessessessnessees 10 SECTION 8.5 TIME LIMIT FOR FILING .......ccscsessescscsesesesssvcseecssscsecersavsncacsessansneazeveneatsveneaenessenenscseneesnensene 11 SECTION 8.6 TIME OFF “ SECTION 9.1 NO STRIKE ..........sssssssssessessesesesescsescscaesesesesesezscstatseacsssescseacecseseeesesesessseseueseneecsasensssnceseneeneas SECTION 9.2 No LOCKOUT... ; SECTION 9.3 PENALTY .essccesssssssees si SECTION 9.4 JUDICIAL RESTRAINT......++++ ARTICLE 10 HOLIDAYS cccssssssissisninnissospsiaysssnesessstansesororersnsnssonsssssedensaionesstennsnnsnssndsasenvenrenisqosssiveneiee 13 SECTION 10:1 HOLIDAY Sexsssscassesassccussiscuiieisi a seiciai ciesainicescd cake nisi oeses AAT 13 SECTION 10.2 HOLIDAY PAY AND WORK REQUIREMENTS.......sscsesssssessscsessssscnsssssssscacnescasavavesssncevenssseses 13 SECTION 10.3 FLOATING HOLIDAY .....ccscscssssosssossssscscsceressevavasacsesvscacncaracacacaterseseseareeneseacaeecesserseeneensaneara 14 ARTICLE 11 LAYOFF AND RECALD wicssssssissssscssavesssseccotescsasecscsoonsesacosesseiecoeaevashscnssussvosensnvacoacoseanseee 14 BECTION FAsLAVORE Bi apiesieS TERENAS RTE 14 SECTION 11.2 RECALL ...... eceRNRRESaRRTONIANG 14 ARTICLE 12 VACATIONS.. SECTION 12.1 ELIGIBILITY AND ACCRUAL......:..:cesseseesesserees AD SECTION 1.2/2' VACATION PAY ws cctsanucaciicansisimeaneiiee els SECTION 12.3 SCHEDULING AND ACCRUAL so SECTION 12.4 EMPLOYEE EMERGENCY....... . 16 SECTION 12:5 ACCUMULATION iiisin casa nanan 16 SECTION 12:6. GIT¥ EMERGENCY ccsasiavussvessivevaninacarsinioosneiervernarinnmcnsinannTnunmasanperrenenaassniives 16 ARTICLE 13 PERSONAL DAYS AND SICK LEAVE .....csscsssssressssssssrsensesscsssssenssssassesensenssereecnrenes 16 SECTION 13.1 PURPOSE OF SICK LEAVE.....c.ssssssssssssssessesesestsceceeeceseeeseeteeseseaeacaestataeacseseaseceesnesseneenesets 16 SECTION 13.2 PROBATIONARY PERSONNEL.. wi 16 SECTION 13.3 USE OF SICK LEAVE........sccssesseeeseeses . 16 SECTION 13.4 DAYS EARNED IN ACCUMULATION... . 16 SECTION 13.5: NOTIFICATION sisisiisiessssiseisisiensiiens see LE SECTION 13.6 MEDICAL EXAMINATION ... ico LF SECTION 13.7 ABUSE OF SICK LEAVE...... ‘17 SECTION 13.8 SICK LEAVE UTILIZATION.. or SECTION 13.9 SICK LEAVE BUY BACK.......:cccce0e0e we ET SECTION 13.10 PERSONAL DAYS ....c.sssssssssesseesesessesenee ie TT SECTION 13.11 PERSONAL DAY EARNING AND USE... we LY SECTION 13.12 PERSONAL DAY ACCUMULATION ........0000+ we 18 ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE .......::sessee+ rn Sermeanittinte 18 10-29-20 ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] SECTION 14.3 LEAVE FOR AN OFF-DUTY ILLNESS, INJURY OR DISABILITY .....ccssssccscssssssssessecessvenssvecnsens 19 SECTION 14.4 LEAVE FOR AN ON-DUTY ILLNESS, INJURY OR DISABILITY ...csssessessessessesessvessessessecsseneeees 19 SECTION 14.5 MILITARY LEAVE ..ecssesescssesssessssesssvevessevavsveseseseasavecseareesavees «20 SECTION 14.6 JURY OR WITNESS DUTY LEAVE 20 SECTION 14.7 BEREAVEMENT LEAVE.........00+ «20 SECTION 14.8 LIGHT DUTY sr ccenennsenaeenanonnecersaestersummmanuamuronevenctancnssrenieraasmmeERRITANVROONRREIORE 20 ARTICLE 15 WAGES..... SECTION 15.1 WAGES .......005+ SECTION 15.2 OFFICER IN CHARGE (OIC) Payv........ SECTION 15.3 FIELD TRAINING OFFICER BENEFITS.. wee SECTION 15.4 PLACEMENT ON WAGE SCHEDULE..........+ eh SECTION 15.5 MOVEMENT THROUGH WAGE SCHEDULE. wad SECTION 15.6 RECOURSE ssasisccsuvsavsenvensssossanocssnveveesssensesre ine 22 SECTION 15.7 LONGEVITY PAY ...cccssssssssssssesseccscsecscecscscseecaseesecsnscavavsusssscscsvssssesessnsesusacacesseavestacsessavesseues 22 ARTICLE 16 QUARTERMASTER ALLOWANCE AND CLOTHING REIMBURSEMENT .... 22 SECTION: 16:1; QUARTERMASTER:ALLOWANGEciscicsiserarinin rennin ianuettcae eee eee aera 22 SECTION 16.2, CLOTHING: AULOWANCE vcsssnesessvuscasnasswcacansasnusnusuasavvasvasananseascoseescetesasumaaspaavseavetentsiseesisbes 22 ARTICLE 17 INSURANCE SECTION 17.1 COVERAGE... SECTION 'I:7:2: COS Tisisrssisevessaiarauccangeiy SECTION 17,3 CosT CONTAINMENT... ARTICLE 19 MISCELLANEOUS PROVISIONS .isssssssssssssssssssssossavassassssasscssasssiscsteseasvssonsssssnestssssseas 24 SECTION 19.1 MAINTENANCE OF ECONOMIC BENEFITS .....s0cesssscsssssessscssossssesssosvssssesnsessessscsvcsvevsveasesenses 24 SECTION 19.2 AMERICANS WITH DISABILITIES ACT .......:scccsssesssessesesecsesetsecstsarsncavcacarcscsesecssseetacsseverseees 24 SECTION 19:3 SMORING sessssscsasesisessssacooucwaveueleesieaphesaseyanssisegeueaeeseCuue wes ONE SRUECGN we SE SOU SODOE ON UEOa 25 SECTION 194 FAMILY. AND MEDICAL EEA VEVAGT ccs ssoreriaenesnsacesconssonsraiamineveccavaonisunnnmanceuneenvanessivess 25 SECTION 19.5 BILL OF RIGHTS ....ccscsesssesssesecoeseseeecseessvescsesvssavsnensacasavavavevevtscsvsaesesecavavarecaseecessecavarsssseanene 25 SECTION 19:6: FITINESS ALLOWANCE ss:vsssssysrssaiessscusigygusayinleuer anes eu Ntear aa SRE Es Siu iN DREN 25 ARTICLE 20 TMPASSE RESOLUTION wsssissssssssssssscsnisecsvacsssascnscaavicecanvavesucssessisiwessnevesasvesisvsvsseseasve 25 ARTICLE 21 CIVIL SERVICE COMMISSION onssssssssssssssscsosssssssssesscsssscsssssssnssssnsecesssscssasonaneonseesees 25 ARTICLE: 22: OUTSIDE EMPLOYMENT ssssssisssssvvcntscassvssssnvescswsecesnevaviasiwcsssarwasavcanenvvevnvnsewssveiaases 25 ARTICLE 23 SAVINGS CLAUSE ws sesssssisssesivisviwnsvsvscssvaccwavssnvesnvesevsvesviseenicaavaseesnisasnvenesinneiwesnwaieisas 26 ARTICLE'24 ENTIRE AGREEMENT sssssssisiscasvessnsevisisvascuisesteassisiarsvesssvaveccasueanseccssiscaveissvessuvecveisicawas 26 ARTICLE 25 TERMINATION scisisissssssisssenisssssnsnssccessscavievassrssiwsscssrcavsaivetecsussescsssvnseseesaivavwesiierasceisiscs 26 10-29-20 ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] SECTION 25.1 TERMINATION IN 2022.....ccccssosesssssssessesessesensoseerssseees APPENDIX A DUES AUTHORIZATION FORM .......scssscseseeses APPENDIX B STEP PLACEMENT AS OF JANUARY 1, 2021 10-29-20 en eOeneneeeneeeneeteneeeenanennaneeneneenneNeeneneaaaes See eeenreaeneereceeeenseneonenerenasesenarrnaeseteneees ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] PREAMBLE THIS AGREEMENT entered into by the CITY OF WEST CHICAGO, ILLINOIS (hereinafter referred to as "City" or "Employer") and the WEST CHICAGO FRATERNAL ORDER OF POLICE, LODGE NO, 85/ILLINOIS FOP LABOR COUNCIL (hereinafter referred to as "Labor Council" or "Union"), is in recognition of the Labor Council's status as the representative of the Employer's non-supervisory sworn peace Employees and has as its basic purpose the promotion of harmonious relations between the Employer and the Labor Council; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of an entire agreement covering all rates of pay, hours of work and conditions of employment applicable to bargaining unit employees. Therefore, in consideration of the mutual promises and agreements contained in this Agreement, the Employer and the Labor Council do mutually promise and agree as follows: ARTICLE 1 RECOGNITION Section 1.1 Recosniti The Employer recognizes the Labor Council as the sole and exclusive collective bargaining representative for all full-time sworn peace employees (hereinafter referred to as "Officers" or Employees"), but excluding all supervisory employees (this includes all Officers of the rank of Sergeant and above) and all other supervisory and non-supervisory employees of the Department and Employer. Section 1.2 Probati Period The probationary period shall be a period of sixteen (16) months from date of hire. Time absent from duty or not served for any reason shall not apply towards satisfaction of the probationary period. During the probationary period, an Employee is subject to discipline, including discharge, without cause and with no recourse to the grievance procedure. During the probationary period, Employees are not entitled to use any accrued leave during their first twelve (12) months of employment with the City, except for sick leave as detailed in Section 13.2. Employees may use compensatory time after completion of their field training program. The Labor Council recognizes its responsibility as bargaining agent and agrees to fairly represent all Employees in the bargaining unit, whether or not they are members of the Labor Council. ti A cil For purposes of this Agreement, the term "Labor Council Employees" shall refer to the Labor Council's duly elected President, Vice President, Secretary, Treasurer and Sergeant at Arms. Section 1.5 Gender Wherever the male gender is used in this Agreement, it shall be construed to include both males and females equally. 10-29-20 ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] S . L6S * it Seniority for the purpose of this Agreement shall be defined as an Officer’s length of continuous full-time service with the Employer since the Officer’s last date of hire. Seniority shall not include periods of unpaid leave time, except military leave. ARTICLE 2 LABOR COUNCIL SECURITY AND RIGHTS Section 2.1 Dues Checkoff While this Agreement is in effect, the Employer will deduct from each Employee's paycheck twice per month the uniform, regular monthly Labor Council dues for each Employee in the bargaining unit who has filed with the Employer a voluntary, effective Checkoff authorization in the form set forth in Appendix A of this Agreement. If a conflict exists between that form and this Article, the terms of this Article and Agreement control. A Labor Council member desiring to revoke the dues checkoff may do so by written notice to the Employer at any time within thirty (30) days of the expiration date of this Agreement. The actual dues amount deducted, as determined by the Labor Council, shall be uniform in nature for each Employee in order to ease the Employer's burden of administering this provision. Each Employee’s signed checkoff authorization form shall be kept in his Personnel File. If the Employee has no earnings due for that period, the Labor Council shall be responsible for collection of dues. The Labor Council agrees to refund to the Employee any amounts paid to the Labor Council in error on account of this due's deduction provision. The Labor Council may change the fixed uniform dollar amount which will be considered the regular monthly dues once each year during the life of this Agreement. The Labor Council will give the Employer sixty (60) days’ notice of any such change in the amount of uniform dues to be deducted. Section 2.2 Labor Council Indemnificati The Labor Council shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the Employer in complying with the provisions of this Article. If an improper deduction is made, the Labor Council shall refund directly to the Employee any such amount. Section 2.3 Council Use Of Bulletin Board The Employer will make available space on a bulletin board for the posting of official Labor Council notices or minutes of a nonpolitical, non-inflammatory nature. The Labor Council will limit the posting of Labor Council notices to such bulletin board, with prior approval of the Chief of Police or City Administrator. ARTICLE 3 LABOR MANAGEMENT MEETINGS Section 3.1 Meeting R The Labor Council and the Employer agree that in the interest of efficient management and harmonious employee relations, that meetings be held if mutually agreed between Labor Council Employees and senior administrative representatives of the Employer. Such meetings shall be held not less than quarterly and shall be requested by either Party at least five (5) days in advance by placing in writing a request to the other for a labor management meeting and expressly providing the agenda for such meeting. Such meetings, times, and locations, as mutually agreed upon, shall be limited to: 2 10-29-20 ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] (1) _ discussion on the implementation and general administration of this Agreement. (2) asharing of general information of interest to the Parties; and (3) notifying the Labor Council of changes in conditions of employment contemplated by the Employer which may affect Employees. A quarterly meeting can be waived upon written agreement of both Parties Section 3.2 Content It is expressly understood and agreed that such meetings shall be exclusive of the grievance procedure. Specific grievances being processed under the grievance procedure shall neither be considered at "labor management meetings" nor shall negotiations for the purpose of altering any or all of the terms of this Agreement be carried on at such meetings. Section 3.3 Attendance Attendance at labor management meetings shall be voluntary on the Employee's part, and attendance during such meetings shall not be considered time worked for compensation purposes. Normally, three (3) representatives from each Party shall attend these meetings, schedules permitting. Attendance at such meetings shall not interfere with required duty time, and attendance, if during duty time, is permitted only upon prior approval of the Employee's supervisor. 4 MANA Except as specifically limited by the express provisions of this Agreement, the Employer retains all traditional rights to manage and direct the affairs of the Employer in all of its various aspects and to manage and direct its Employees, including but not limited to the following: to plan, direct, control and determine the budget and all the operations, services and missions of the Employer; to supervise and direct the working forces; to establish the qualifications for employment and to employ Employees; to schedule and assign work; to establish work and productivity standards and, from time to time to change those standards; to assign overtime; to contract out for goods and services; to determine the methods, means, organization and number of personnel by which such operations and services shall be made or purchased; to make, alter and enforce reasonable rules, regulations, orders and policies; to evaluate Employees; to establish performance standards; to discipline, suspend and discharge non probationary Employees for just cause; to change or eliminate existing methods, equipment or facilities or introduce new ones; to take any and all actions as may be necessary to carry out the mission of the Employer and the West Chicago Police Department (hereafter “Department”). In the event of civil emergency as may be declared by the Mayor, the City Administrator, Chief of Police or their authorized designees, it is the sole discretion of the Mayor to determine that civil emergency conditions exist which may include, but not be limited to, riots, civil disorders, tornado conditions, floods or other catastrophes; and to carry out the mission of the Employer provided, however, that the exercise of any of the above rights shall not conflict with, any of the express written provisions of this Agreement. 10-29-20 ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] 5 ONTRACTING It is the general policy of the Employer to continue to utilize its Employees to perform work they are qualified to perform. However, the Employer reserves the right to contract out work it deems necessary or appropriate in the exercise of its best judgment, and consistent with the Employer's lawful authority under Illinois Statutes. ARTI URS OF WORK AND OVERTIME Section 6,1 Application of Article This Article is intended only as a basis for calculating overtime payments, and nothing in this Agreement shall be construed as a guarantee of hours of work per day or per week. Section 6.2 N LWorkd 1 Pay Period The normal work day for Employees shall consist of one (1) “day shift”, working twelve (12) continuous hours from 6:00 A.M. to 6:00 P.M., one (1) “night shift”, working twelve (12) continuous hours from 6:00 P.M. to 6:00 A.M., one (1) “power shift” working ten (10) continuous hours from 2:00 P.M. to 12:00 A.M. and eight (8)-hour and ten (10) hour shifts for which the hours are determined by the Chief of Police. Beginning April 28, 2018, the Power Shift will be eliminated. these shifts will be considered separate and distinct from each other with their own manpower requirements. normal pay period will be considered to be eighty (80) hours during a fourteen (14) day work period for those working eight (8) and ten (10) hour shifts. For those working twelve (12) hour shifts, the normal pay period shall be eighty-four (84) hours during the fourteen (14) day pay period. Each Employee will be allowed to take a paid thirty (30) minute lunch break ata reasonable time each shift, subject to emergency work duties. If an Employee’s lunch is interrupted by emergency work duties for more than fifteen (15) minutes but can be taken within a two (2) hour period before the end of their shift, the Employee shall have the option of taking and/or completing that lunch. If the lunch cannot be taken within that period, the Employee shall not be compensated for missing it. During his lunch break, the Employee must be available immediately to return to duty and therefore, must respond to radio inquiries and remain within the corporate limits of the City of West Chicago. The Employee will not be required to perform routine duties such as patrol, respond to routine telephone calls or handle other routine non- emergency calls while on a lunch break. Section 6.3 Changes in Normal Workweek and Workday The shifts, workdays and hours to which employees are assigned shall be based upon a fifty-six (56) day departmental work schedule and shift rotation which may occur every fifty-six (56) days. vertime r Employees working an eight (8) hour shift or a ten (10) hour shift shall be paid one and one-half (14) times their regular straight time rate of pay for all hours worked beyond their regularly scheduled shift so long as they work forty (40) hours in a seven (7) day pay period, except as otherwise noted in this Agreement. Employees working a twelve (12) hour shift shall be compensated at the overtime rate of one and one-half (1%) times their regular straight time rate of pay for all hours worked beyond their regularly scheduled shift so long as they work eighty four (84) hours in a fourteen (14) day pay period. At the discretion of the Employee, the additional four (4) hours in excess of eighty (80) hours in the 4 10-29-20 ===== PDF PAGE 54 ===== [Extraction: OCR (rendered-page OCR)] fourteen (14) day pay period shall be paid in straight time or straight compensatory time. All paid leave, including sick leave, shall be credited as time worked for purposes of determining overtime under this Article. An Employee’s hourly rate shall be calculated by dividing his annual salary by 2,080 hours. The Chief of Police, or his designee(s), shall have the right to require overtime work and officers may not refuse overtime assignments. In non-emergency situations, the Chief, or his designee, as a general rule shall take reasonable steps to obtain volunteers by seniority for overtime assignments before assigning required overtime work. Where it will not adversely affect the job or unduly add to the time of making work assignments, the Chief, or his designee, will attempt to assign overtime on a reverse length of service basis among employees present and available. However, volunteers will not necessarily be selected for work in progress which is being performed by a specific officer. Also, specific officers may be selected for special assignments based upon specific skills, ability and experience they may possess (such as bilingual capability, breathalyzer training or special training or skills as a traffic accident reconstruction officer-to name a few). that said, the City will continue using the following non-binding practice: Call outs and/or postings for manpower shall be offered by seniority in four (4) hour continuous blocks of time unless the overtime assignment cannot be fully divided into equal increments. If that is the case, then the overtime assignment shall be divided into as many four-hour blocks as possible, with the remaining number of hours placed in a separate block. Overtime assignments due to a manpower shortage shall first be done on a voluntary basis by seniority. However, if the overtime assignment has not been completely filled after the Employer has exhausted the seniority list seeking volunteers, the least senior Employee working the shift preceding the overtime assignment shall be ordered to stay. employees can be ordered to work until there is no longer a shortage, so long as they do not exceed sixteen (16) total working hours. If the shortage continues past an Employee’s sixteen (16) maximum working hours, then the Employer shall continue to order Employees working the shift preceding the assignment, using reverse seniority, until the assignment is filled. In the event that no Employees working the shift preceding the assignment are available, a call out will be enacted by reverse seniority. The first Employee(s) contacted by reverse seniority and available for the vacancy shall be ordered to work the vacancy. For purposes of ordering, School Resource Officers, Detectives, Community Relations Officers, and Day Shift Traffic Officers will be considered part of the Day Shift (6AM-6PM) and Traffic Officers who work in the afternoon/evening will be considered part of the Night Shift (6PM-6AM). For example, if there is an overtime assignment for the 6AM to 6PM shift, the Employer would begin the call out for volunteers with the most senior Employee. That Employee would be offered all or a portion of that 12- hour shift (64M to 10AM, a 10AM to 2PM and/or a 2PM to 6PM). That Employee may take any or all of the blocks, work schedule allowing, or may refuse the overtime. If the Employee takes only a portion of the overtime assignment, the Employer would then call the next senior Employee on the list to attempt to fill the remaining blocks. This procedure would be followed, and then ordering by reverse seniority as noted above, until the entire overtime assignment has been filled. Employees on light or restricted duty will not be eligible for overtime. Employees volunteering for overtime work must give more than twenty-four (24) hours' notice if they will not be able to work. With less than twenty-four (24) hours’ notice, Employees may be subject to disqualification from further voluntary overtime assignments. The Department will provide Officers who work sixteen (16) 10-29-20 ===== PDF PAGE 55 ===== [Extraction: OCR (rendered-page OCR)] continuous hours a rest period of eight (8) consecutive hours between shifts, except for court appearances and manpower shortages or emergencies that would adversely affect public safety. Such emergencies would not include another Officer calling in sick for his normal workday. Routine calls by Employees needing to use sick leave will be resolved as described above in this section. ion 6.5 uri i ati An Employee ordered to work on a vacation, floating holiday or personal day shall be paid one and one- half (1/4) times their regular rate of pay for all such hours worked on that day. Section 6.6 Compensatory Time Compensatory time at time and one-half (11%) rate may be granted at such time and in such time blocks as are mutually agreed upon between the involved Employee(s), their supervisor and the Chief of Police in accordance with state and federal statutes. If mutual agreement on compensatory time cannot be reached, the Employee shall receive one and one-half (114) times his rate of pay for each overtime hour worked. An Employee may accumulate and carry over up to two hundred (200) hours of compensatory time. Compensatory time off may be taken with the approval of the Chief of Police, or his designee, based upon Departmental manning levels as established by the Chief and Department needs as determined by the Chief. Compensatory time cannot be taken before it is earned within the same pay period. Section 6.7.C Ti Employees who would otherwise be off duty shall be paid, with a three (3) hour minimum, for all hours worked when appearing in court on behalf of the Employer in the capacity of a commissioned officer or when preparing for an off-duty court appearance when in the presence of a prosecuting attomey. Hours worked during court time shall be included as overtime pay at one and one-half (114) times his rate of pay in accordance with Section 6.4. Employees who receive notice of court appearance and are placed on a call-in status and do not get called to appear in court shall receive two (2) hours' straight-time pay. Section 6.8 Call-Back Pay An Employee called back to work after having left work shall receive a minimum of two (2) hours! pay at 1-1/2 times his straight-time rate of pay. Hours worked during call-back may be earned as overtime pay in accordance with Section 6.4, if applicable. Section 6.9 No Pyramidi Compensation shall not be paid (or compensatory time taken) more than once for the same hours under any provision of this Article or Agreement. Section 6.10 Detective On-Call Pay Beginning the first full month following execution of the Collective Bargaining Agreement by both Parties, each Detective who is required to be on-call shall receive a stipend of $120.00 per pay period while working in that assignment. This stipend does not impact an Officer’s base salary or hourly rate of pay and shall not be included in pension-eligible earnings. 10-29-20 ===== PDF PAGE 56 ===== [Extraction: OCR (rendered-page OCR)] CLE 7 E Section 7.1 Scheduli Except in an emergency, including an unintended shortage of manpower, or when circumstances change in such fashion as to affect the Employer’s ability to provide police protection to the public, the Employer agrees that the principles stated below shall govern shift assignment and scheduling for the length of the Agreement. The Employer reserves the right to determine the number of Employees to be required on duty during any shift as well as the basic job skills and qualifications of such Employees and to temporarily change work shifts of the affected Employee for purposes of conducting or receiving training or for court attendance of three (3) or more consecutive days using the following parameters: If the Officer is instructing in-service training on the Officer’s day off, then it will be treated as an overtime assignment. If the Officer is instructing in-service training on the Officer’s regular workday, the Officer will instruct during the training hours in lieu of working his Shift that day, regardless of the Shift to which the Officer is assigned. Subject to the conditions stated herein, Employees shall have the right to bid, based upon seniority, for available shift assignments such bidding to be accomplished in eight (8) week work blocks. The Employer may refuse to grant individual days off on any shift because of manpower shortage. ion 7.2 Posting of al Sche The Employer shall post on or before September 1‘ of each year a yearly schedule for shift bidding by the Employees for assignments beginning January 1°‘ of each year. Employees will be expected to work at least eighty (80) hours every two (2) weeks on an eight (8) or ten (10) hour shift and eighty-four (84) hours every two (2) weeks on a twelve (12) hour shift. This schedule shall provide for shift bidding in eight (8) week blocks, with the schedule showing the shift assignments of work available during the scheduled period, the scheduled days off for each shift and the required numbers and skill levels of Employees for each shift. Section 7.3 Basic Requirements For Each Schedule Prior to bidding, the Employer's posted schedule shall provide the basic criteria for each shift. Such criteria may provide, among other things, that at least one (1) Employee having six (6) or more years of experience shall be scheduled on each shift; that at least one (1) Employee with specialized breathalyzer training be assigned to the two (2) twelve (12) hour shifts; and that only one (1) Field Training Officer shall be scheduled on a shift during a period of actual function within the field training officer program at any one time. In addition, after offering to and discussing the matter at a labor-management meeting, the Employer may indicate on the schedule any changed or additional required specialized skills for each shift as circumstances warrant. Section 7.4 Less E ‘i 1 Offi The Employer shall have the right to assign any probationary Employee during the probationary period to such shift as the Employer shall, in its discretion, deem necessary or desirable for such Employee's education, experience and professional development, prior to opening the remaining shift assignments for bidding by more senior Employees. Section 7.5 Conclusion Of Bidding P All bidding for shift assignments will be completed no later than fourteen (14) days after the posting of the schedule by the Employer. The Employer may thereafter assign shifts to the scheduled officers who 10-29-20 ===== PDF PAGE 57 ===== [Extraction: OCR (rendered-page OCR)] have not submitted bids. Thereafter, representatives of the Employer shall review the bid schedule and offer to meet with representatives of the Labor Council to inform them of adjustments in the schedule if required by manpower, experience or skill requirements or needs. Section 7.6 Changes If System Unworkable In the event the system of shift assignment and scheduling proves to be unworkable or impractical, the Employer reserves the right to inform the Labor Council, discuss the matter with the Labor Council for up to seven (7) days, and temporarily institute another scheduling approach or system it deems appropriate based upon manpower availability. Thereafter, upon request, the Employer will enter into negotiations with the Labor Council on a new, more permanent scheduling system. If agreement on a new, more permanent system cannot be reached within thirty (30) days from the beginning of such negotiations, then the parties agree that their impasse may be submitted to interest arbitration as provided in Article 20 of this Agreement. Section 7.7 Specialized Work Uni Notwithstanding any other provision of this Agreement, the Employer may create specialized work units and adjust the work schedules of Employees assigned to these units to meet the needs of such units; however, work schedules shall not be changed for the sole purpose of avoiding overtime. The Employer will seek volunteers for these units; however, the Chief retains the right to determine the necessary staffing for these units. ectio Canine Unit Employees assigned to the Canine unit will be assigned at the discretion of the Chief of Police. Canine Employees shall be required to carry a Department-issued cellular telephone; however, subject to reasonable operational needs as determined by the Chief of Police, there shall be no specified response time. Canine Employees shall have the responsibility for the care and feeding of the dog. The costs of the care and feeding of the dog, however, will be paid for by the City. A vehicle will be provided for the purpose of transporting the canine to and from the canine Employees' home. Canine Employees will receive an annual stipend of $2,400 for the additional time required to care for the dog, which stipend shall be included within the Employees' base pay. Section 7.9 School Resource Officers During individual days and extended breaks from school, when School Resource Officers are not required or requested by District Administration to work at school, they shall report to the Investigations Sergeant for duty, The School Resource Officers will work their regularly scheduled hours which are bid for each year. School Resource Officers may be used to supplement the Patrol Division with the approval of the Investigations Sergeant. During times when School Resource Officers are used to supplement the Patrol Division, they are not subject to shift minimums for the Patrol Division. They shall be treated as Detectives for the purposes of calculating overtime as well as requesting leave time. ARTICLE 8 GRIEVANCE PROCEDURE Section 8.1 Definiti A "grievance" is defined as a dispute or difference of opinion raised by an Employee or the Labor Council against the Employer involving an alleged violation or misapplication of an expressed provision of this Agreement. 10-29-20 ===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] Section 8.2 Procedure A grievance filed against the Employer shall be processed in the following manner: Step 1: Any Employee and/or Steward who has a grievance shall submit the grievance in writing to the Employee's immediate supervisor (in most cases, the sergeant in charge), specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. All grievances must be presented no later than five (5) business days from the date of the occurrence of the matter giving rise to the grievance or within five (5) business days after the Employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within five (5) business days after the grievance is presented. Step 2: If the grievance is not settled at Step 1 and the Employee, or the Labor Council if a Labor Council grievance, wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the appropriate Commander within five (5) business days after receipt of the Employer's response in Step 1, or within five (5) business days of the time when such answer would have been due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step in the grievance procedure. The Commander shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance with the grievant and an authorized business representative, if one is requested by the Employee, within five (5) business days of its receipt by the Commander, at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Commander shall provide a written response to the grievant, or to the Labor Council, if a Labor Council grievance, within five (5) business days following their meeting or within ten (10) business days of its receipt if no meeting is requested. Step 3: If the Grievance is not settled at Step 2 and the Employee, or the Labor Council if a Labor Council grievance, wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing designated as a "grievance" to the Chief of Police within five (5) business days after receipt of the Employer's response in Step 2, or within five (5) business days of the time when such response would have been due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step in the grievance procedure. The Chief of Police or his designee shall investigate the grievance and, in the course of such investigation shall offer to discuss the grievance within five (5) business days with the grievant and an authorized Labor Council representative, if one is requested by the Employee, at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Chief of Police or designee shall provide a written response to the grievant, or to the Labor Council if a Labor Council grievance, within five (5) business days following their meeting, or within ten (10) business days of its receipt by the Chief if no meeting is requested. Step 4: If the grievance is not settled at Step 3 and the Labor Council desires to appeal, it shall be referred by the Labor Council in writing to the City Administrator within five (5) business days after receipt of the Employer's response in Step 3. Thereafter, the City Administrator or his designee and the Chief of Police or other appropriate individual(s) as desired by the City Administrator shall meet with the grievant, the Steward involved and a Labor Council representative or another representative if desired by the Employee, within five (5) business days of receipt of the Labor Council's appeal, if at all bs 10-29-20 ===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] possible. If no agreement is reached, the City Administrator or designee shall submit a written response to the Labor Council within five (5) days following the meeting. Section 8.3 Arbitrati If the grievance is not settled in Step 4 and the Labor Council wishes to appeal the grievance from Step 4 of the grievance procedure, the Labor Council may refer the grievance to arbitration, as described below, within ten (10) business days of receipt of the Employer's written response as provided to the Labor Council at Step 4: A. The Parties shall attempt to agree upon an arbitrator within five (5) business days after receipt of the notice of referral. In the event the Parties are unable to agree upon the arbitrator within said five (5) business day period, the Parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Each Party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Employer and the Labor Council shall have the right to strike two (2) names from the panel. The Party referring the grievance to arbitration shall strike the first two (2) names; the other Party shall then strike two (2) names. The person remaining shall be the arbitrator. B. The arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Labor Council and Employer representatives. C. The Employer and the Labor Council shall have the right to request the arbitrator to require the presence of witnesses or documents. The Employer and the Labor Council retain the right to employ legal counsel. D. The arbitrator shall submit his/her decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the Parties, whichever is later. E. More than one grievance may be submitted to the same arbitrator if both Parties mutually agree in writing. F. The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the Employer and the Labor Council; provided, however, that each Party shall be responsible for compensating its own representatives and witnesses. Section 8.4 Limitati Authority of Arbit The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws, or of rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties, and responsibilities of the Employer under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section 8.4 10 10-29-20 ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] shall be final and binding upon the Employer, the Labor Council and the Employee covered by this Agreement. ion 8.5 Ti imit No grievance shall be entertained or processed unless it is submitted at Step 1 within five (5) business days after the occurrence of the event giving rise to the grievance or within five (5) business days after the Employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the event giving rise to the grievance. A "business day" is defined as a calendar day exclusive of Saturdays, Sundays or holidays recognized by the Employer. If a grievance is not presented by the Employee or the Labor Council within the time limits set forth above, it shall be considered "waived" and may not be further pursued by the Employee or the Labor Council. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last response. If the Employer does not respond to a grievance or an appeal thereof within the specified time limits, the aggrieved Employee and/or the Labor Council may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. Section 8.6 Time Off The grievant and one (1) Labor Council representative, or a Labor Council representative if a Labor Council grievance, shall be compensated at straight time to participate in the Step 3 or 4 meetings if the meetings are conducted on scheduled shift time. No other time spent on grievance matters shall be considered time worked for compensation purposes. Section 8.7 Discipli The Chief of Police shall have disciplinary authority: A. to discharge Employees under his command or to issue disciplinary suspensions to Employees. Such disciplinary action shall be deemed final, subject only to an appeal of the disciplinary action through the grievance procedure. The arbitrator retains the right to nullify or otherwise alter the discipline as well as require back pay and restore benefits if it so chooses; and B. to place an Employee on paid or unpaid administrative leave pending an investigation for such time as is necessary to complete the investigation. If the Employee is placed on unpaid administrative leave, such leave shall not exceed one hundred and fifty (150) calendar days, except in cases where the Employee is the target of a criminal investigation. After one hundred and fifty (150) calendar days, except in cases where the Employee is the target of a criminal investigation, the Employee shall be placed back on paid administrative leave until the investigation is completed and Notice of Charges have been provided and discipline issued. Such disciplinary action shall not be deemed final until the investigation to which it relates is completed, at which time the Employee shall have the right to appeal said disciplinary action, including any unpaid administrative leave implemented through the grievance procedure with respect to the disciplinary action, including discharge. Such unpaid administrative leave shall be considered as disciplinary action and shall be made a part of any grievance initiated and processed through Article 8. For example, if the Department places a covered member on unpaid administrative leave for thirty (30) scheduled days of work and after the investigation is completed, issues a ten (10) days of work suspension for alleged violation(s), the Employer owes 11 10-29-20 ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)] the covered member twenty (20) days of work back pay, along with any lost fringe benefits provided the member does not grieve the discipline. If the discipline is grieved the member will be compensated once the grievance process is completed. Nothing in this paragraph shall prevent the Labor Council and the City to arrive at discipline by mutual agreement of the Labor Council and the City. The arbitrator retains the right to nullify or otherwise alter the discipline as well as require back pay and restore benefits if the Arbitrator or court of competent jurisdiction so determines. All unpaid administrative leave successfully claimed or awarded under the grievance procedure as being compensable to the Employee as back pay shall be paid by the City after the grievance arbitration or disciplinary proceeding becomes final. If an Employee elects to file a grievance as to any discipline imposed that involves a suspension or discharge, the grievance shall be processed in accordance with Article 8 of this Agreement, except that it shall be filed at Step 3 of the procedure. ARTICLE 9 NO STRIKE NO LOCKOUT cti trike Neither the Labor Council nor any Employees or their agents will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, secondary boycott, slowdown, speed up, sit-down, concerted stoppage of work, concerted refusal to perform overtime, concerted, abnormal and unapproved mass resignations, mass absenteeism, or picketing which in any way results in the interruption or disruption of the operations of the Employer, regardless of the reason for so doing. Any or all Employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the Employer with normal appeal and hearing rights as mutually agreed upon elsewhere in this Agreement. Each Employee who holds the position of officer or steward of the Labor Council occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In addition, in the event of a violation of this Section of this Article the Labor Council agrees to inform its members of their obligations under this Agreement and to direct them to return to work. Section 9.2 No Lockout The Employer will not lock out any Employees during the term of this Agreement as a result of a labor dispute with the Labor Council. Section 9.3 Penalty The only matter which may be made the subject of a grievance concerning disciplinary action imposed for an alleged violation of Section 9.1 is whether or not the Employee actually engaged in such prohibited conduct. The failure to confer a penalty in any instance is not a waiver of such right in any other instance nor is it a precedent. Section 9.4 Judicial Restrai Nothing contained herein shall preclude the Employer or the Labor Council from obtaining judicial restraint and damages in the event the other Party violates this Article. 12 10-29-20 ===== PDF PAGE 62 ===== [Extraction: OCR (rendered-page OCR)] ARTICLE 10 HOLIDAYS Section 10.1 Holid Employees shall receive eight (8) hours’ pay, whether they are working or not, for each of the following holidays: New Year's Day Martin Luther King Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day Employees scheduled to work on a holiday who are approved to take time off on that day must use accrued time from their leave bank. If an Employee is not scheduled to work or takes approved leave time, he may choose to add these eight (8) hours to their compensatory time bank in lieu of pay. ay Pa i Employees working their entire scheduled shift, regardless of shift length, on a holiday (listed in Section 10.1) shall receive an additional twelve (12) hours of straight time pay. The additional twelve (12) hours may be placed into their compensatory bank in lieu of pay at the Employees option. Employees who do not work the holiday, or who only work part of a scheduled shift, shall receive eight (8) hours of straight time pay which they may choose to place in his compensatory bank in lieu of pay. For example: For Employees Working Entire Shift Total Compensation (In straight time hours) 20 hours 22 hours For Non-Working Employees Scheduled shift hours Holiday Pay Hours Total Compensation (straight time) (Straight time In straight time hours 0 hours Employees scheduled to work on a holiday who are approved to take time off on that day must use accrued time from their leave bank for all scheduled shift hours not worked. To be eligible for holiday pay when scheduled to work on the holiday, an Employee must work his regularly scheduled day before and after the holiday, in addition to the holiday, when scheduled as part of their normal work schedule. If an Employee is absent from work the day before or after a holiday the Employee will not receive holiday pay until an excusable absence is established to the satisfaction of the Chief. An Employee not scheduled to work on a holiday who does work on the holiday shall receive pay two (2) times the 13 10-29-20 ===== PDF PAGE 63 ===== [Extraction: OCR (rendered-page OCR)] Employee's regular straight time hourly rate of pay for the actual hours worked on the holiday. An Employee ordered to work beyond his regularly scheduled shift or carried over due to an assignment on the holiday shall receive pay of two (2) times the Employee’s regular straight time hourly rate of pay for all such unscheduled hours worked, ecti ati Employees shall receive one (1) eight (8) hour floating holiday at January 1"per fiscal year and said day must be used by the end of the fiscal year and may not be carried over to subsequent years, unless an Employee is in his first year of employment and was hired after July 1". If a carry-over is permitted, the day(s) carried over must be used within the first six (6) months of the new fiscal year. A floating holiday must be taken in at least one-half day/shift increments, with the amount of hours dependent on the impacted Employee’s shift length and must be scheduled at the mutual convenience of the Employee and the Chief of Police or his designee at least three (3) week days in advance unless the Chief of Police or designee approves shorter notice. For purposes of this Section and other accrued leave time sections throughout the Agreement, “dependent on the impacted Employee’s shift length” refers to the number of shift hours an Employee is assigned. Said approval shall not be unreasonably denied. An Employee terminated before the end of the probationary period will not be paid for floating holidays. F ECALL Section 11.1 Lavoff The Employer, in its discretion, shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, Employees covered by this Agreement will be laid off in accordance with their length of service as provided in Illinois Statutes, Ch. 24 §10-1-38.1, as it exists on January 1, 1986. An Employee subject to layoff will be paid all accumulated vacation leave benefits. Laid off Employees and their dependents will be eligible to continue as participants in the Employer's group health plan at their own expense to the extent required by federal law. A notice of potential benefits will be sent to the Employee and any dependents covered by the group health plan by the Employer. Section 11.2 Recall Employees who are laid off shall be placed on a recall list for a period of two (2) years. If there is a recall, Employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are fully qualified to perform the work to which they are recalled without further training. Employees who are eligible for recall shall be given ten (10) calendar days' notice of recall and notice of recall shall be sent to the Employee by certified or registered mail with a copy to the Labor Council. The Employee must notify the Chief of Police or his designee of his intention to return to work within three (3) calendar days after receiving notice of recall. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the Employee, it being the obligation and responsibility of the Employee to provide the Chief of Police or his designee with his latest mailing address. If an Employee fails to timely respond to a recall notice his name shall be removed from the recall list. 14 10-29-20 ===== PDF PAGE 64 ===== [Extraction: OCR (rendered-page OCR)] R 12 V. oti ioibili Employees shall start to accrue vacation time as of their date of hire, but it may not be used during his first twelve (12) months of employment with the City. Vacation accruals shall be posted in the following month after it is earned, and shall be based on the following schedule: Years of Service Hours per Month Hours per Year 0-5 Years 6.667 80 5 Years & one day- 11 Years 10.000 120 11 Years & one day — 17 Years 13.334 160 17 Years & one day or more 16.667 200 Employees shall accrue vacation time for any calendar month in which they receive compensation for more than eighty (80) hours of regularly scheduled work or approved paid leave time. Employees may carry over vacation time from one (1) fiscal year to the next without limit, provided, however, that: 1. the Employee uses at least sixty (60) hours of vacation time per fiscal year; and 2. no more than the Employee’s annual vacation accrual amount will be compensated at straight time pay at the time his employment ends with the City, regardless of whether the City or Employee ends it. Section 12,2 Vacation P The rate of vacation pay shall be the Employee's regular straight time rate of pay. Vacation days may be taken in less than half day/shift increments, at the discretion of the Chief of Police, with the amount of hours dependent on the impacted Employee’s shift length. Section 12.3 Scheduling and Accrual Earned vacation time shall be scheduled by the Employer in accordance with Employer service needs and, if possible, the Employee's desires. On or before each October 1‘, the Commander or his designee shall post a schedule of days available for vacation during the twelve-month period beginning each January 1‘. The Employees on each shift shall then select their vacation preferences in the order of their seniority, with the most senior Employee having first choice, the next most senior Employee having second choice, and so on. At this time, Employees can schedule no less than one (1) week of vacation at a time and may schedule no more than their annual accrual amount. The vacation periods requested pursuant to this procedure shall be submitted to the Commander or his designee for approval by November 1 of each year. The Commander or his designee shall review the requests and post a vacation schedule on or before December 1%. After the vacation schedule has been established, any remaining vacation days ("floating” vacation days) shall be approved on a first requested, first received basis. Requests for a floating vacation day must, absent emergency, be submitted at least two (2) full days in advance of the date sought, and such request may be denied by the Employer for good reason. 15 10-29-20 ===== PDF PAGE 65 ===== [Extraction: OCR (rendered-page OCR)] Requests for two or more consecutive days of floating vacation must be submitted to the Employee's immediate supervisor and can be taken only with his authorization. No vacation days may be taken without prior notice to and approval of the Chief of Police or designee. Section 12.4 Employee Emergency Where a vacation day is needed for emergency reasons, such as unexpected family illness, the Employee will notify the Employer as soon as possible of such need. If the Employer is able to arrange suitable coverage for the Employee's work, the Employee will be given the requested day(s) off as a vacation day(s), provided the Employee has the requisite number of approved vacation day(s) available, ecti Vacation time shall not accrue during any layoff or unpaid leave of absence. In case of an emergency, the City Administrator or Chief of Police may cancel and reschedule any or all approved vacation leaves in advance of the vacations being taken, and/or recall back any Employee from vacation in progress. ARTICLE 13 PERSONAL DAYS AND SICK LEAVE Section 13.1 P f Sick I Sick leave with pay is provided as a benefit in recognition that Employees do contract various illnesses from time to time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the Employee or fellow Employees for them to work while sick. To the extent permitted by law, sick Employees are expected to remain at home unless hospitalized, visiting their doctor, acting pursuant to reasonable instructions for care, or caring for a seriously ill member of the immediate family. na € All Employees shall be eligible to take sick leave time after completion of six (6) months of employment with the Employer. Employees shall start to earn sick leave time upon their date of hire but cannot use sick leave time until after successful completion of six (6) months of employment with the Employer. Unpaid sick leave taken during the first six (6) months of the probationary period will not reduce an Employee's seniority under Section 1.6. Section 13.3 Use of Sick I Sick leave may be used for non-service connected sickness or disability, or for caring for a seriously ill or injured family member living with the Employee and who is in the Employee's immediate family (defined as the Employee's legal spouse, children, step-children, parents, parents of spouse, step-parents, brothers, sisters and relatives living under the same roof as the Employee). Section 13.4 Days E ind lati Employees shall earn eight (8) hours of sick leave for each calendar month of service. Sick leave shall be earned by an Employee for any calendar month in which the Employee is compensated for more than eighty (80) hours of work. Sick leave used shall reduce accrued sick leave by an equal amount. Unused sick leave credit will be carried over from year to year. Such leave cannot be taken before it is actually earned, 16 10-29-20 ===== PDF PAGE 66 ===== [Extraction: OCR (rendered-page OCR)] ecti tificati Notification of absence due to sickness shall be given to the Employee’s shift supervisor as soon as possible on the first day of such absence and every day thereafter (unless this requirement is modified or waived by the Chief), but no later than one (1) hour before the start of the Employee's work shift unless it is shown that such notification was impossible. Failure to properly report an illness may be considered an absence without pay and may subject the Employee to discipline, as well. Section 13.6 Medical Examinati The Employer may require a written certification from a physician indicating the nature of the illness, injury or disability and containing a statement that the Employee has been examined and a determination of his ability to return to work, for an Employee’s absence of more than two (2) consecutive days due to illness, injury or disability. The Employer may require the Employee to provide his job description to his doctor to assist in the determination of the Employee’s ability to perform the essential functions of the job. Employees with less than 96 hours of sick leave must provide a physician’s note upon the Employer’s request prior to returning to work, beginning with the fifth sick leave occurrence and every subsequent occurrence in any given calendar year. Section 13.7 Abuse Of Sick Leave Abuse of sick leave is a serious matter which may subject an Employee to discipline. The Labor Council shall work with the Employer in making an effort to correct the abuse of sick leave wherever and whenever it may occur, cti ic av Sick leave must be used in no less than one (1) hour increments. Section 13.9 Sick I Buy Bacd At the Employee's retirement, the Employee will be paid eight (8) hours’ pay for each thirty-two (32) hours’ sick leave time earned and not taken, up to a maximum of five hundred (500) hours (e.g. an Employee with 2,500 hours of sick leave will only be paid for 500 hours). For purposes of this Section, retirement is defined as any Employee having twenty (20) years or more of employment service with the City, and who will receive retirement pension payments from the West Chicago Police Pension Fund. sonal Da The Employer and the Labor Council recognize there are times when Employees have personal business which requires absence from work and yet does not fit the criteria for sick leave, floating holidays, or vacation time. To allow for these absences, without encouraging sick leave time abuse or vacation time depletion, the Employee shall be eligible to earn personal days based on sick leave time use, as provided in Section 13.11. Section 13.11 Personal Day Earning and Use Employees shall accrue eight (8) hours of personal day leave with straight time pay each fiscal year at January 1‘. In addition, Employees may earn an additional eight (8) hours of straight time pay for every fiscal quarter (i.e., January-March, April-June, July-September, and October-December) that such an 17 10-29-20 ===== PDF PAGE 67 ===== [Extraction: OCR (rendered-page OCR)] Employee does not use any sick time. Employees on probation shall earn personal days but shall not be able to take them until after twelve (12) months have been completed. All accrued paid leave, except sick time, will count towards earning personal days; the taking of unpaid leave, or a suspension, shall prevent an Employee from earning a personal day in that fiscal quarter. The personal days earned by the Employee may be taken at any time or for any reason provided forty-eight (48) hours' notice is given to the immediate supervisor, though the supervisor may refuse such leave for good cause. Personal days shall be granted on a first requested, first received basis. A personal day may be used with less than forty-eight (48) hours' notice if approved by the Chief of Police or his designee. The Employee shall not have to provide a reason for taking the personal day. Personal days must be taken in at least one-half (4) shift increments, with the amount of hours dependent on the impacted Employee’s shift length. Personal days may be taken in less than half day/shift increments, at the discretion of the Chief of Police, with the amount of hours dependent on the impacted Employee’s shift length. Section 13.12 Personal Day Accumulation Non-probationary Employees may accumulate up to forty (40) hours of personal day leave time. The time earned, but not taken, may be carried over from year to year. Employees will not be paid for any time accrued as personal days upon separation from the Employer. Excluding the personal day granted each January 1‘, Employees may not accumulate personal day leave while on workers’ compensation leave. ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE Section 14.1 Unpaid Leave of Absence An Employee who has exhausted all earned vacation leave, sick leave (if applicable), floating holiday leave, personal days and compensatory time may request, in writing, an unpaid leave of absence. Any request for an unpaid leave of absence shall be submitted in writing by the Employee to the City Administrator and Chief of Police or their designee as far in advance as practicable. The request shall state the reason for the leave of absence and the approximate length of time off the Employee desires. A leave of absence will not be granted to enable an Employee to try out for or accept employment elsewhere or for self-employment. An Employee who engages in employment elsewhere (including self- employment), while on any leave of absence as provided in this Article shall be subject to discipline up to and including termination. Authorization for an unpaid leave of absence is at the sole discretion of the City and shall, if granted, be furnished in writing to the Employee by the City Administrator or his designee. Section 14.2 Benefits Whil Unpaid I fA A. Unless otherwise stated in this Article or otherwise required by law, seniority, and any right or privilege for which seniority is a factor, shall not accrue for an Employee who is on an approved unpaid leave status. Accumulated seniority shall remain in place during the unpaid leave and shall begin to accrue again once the Employee returns to work on paid status. Unless otherwise stated in this Article, an Employee returning from leave will have his seniority continued after the period of the leave. Upon return, the City will place the Employee in his previous job classification if there is a vacancy; if there is not a vacancy; the Employee will be placed in the first available opening in his job classification. 18 10-29-20 ===== PDF PAGE 68 ===== [Extraction: OCR (rendered-page OCR)] B. If upon the expiration of an unpaid leave of absence, there is no work available for the Employee or if the Employee could have been laid off according to his seniority except for his leave, he shall go directly on layoff. C. During the approved unpaid leave of absence, all fringe benefits will cease, except that the Employee shall be entitled to coverage under applicable group and life insurance plans to the extent provided in such plan(s); provided the Employee makes arrangements for the change and arranges to pay the entire insurance premium involved, including the amount of premium previously paid by the City. e oS ess, Inju r Disabili A. In the event an Employee is unable to work, by reason of an off-duty illness, injury or disability, the City may grant an unpaid leave of absence during which time seniority shall not accrue. B. To qualify for such leave, the Employee must report the illness, injury or disability as soon as the illness, injury or disability is known, and thereafter furnish to the Chief of Police or his designee a physician's written statement showing the nature of the illness or injury or state of disability and the estimated length of time that the Employee will be unable to report for work, together with a written application for such leave. Thereafter, during such leave, the Employee shall furnish an updated report each time the Employee meets with his physician. An unpaid leave of absence for illness, non- job-related injury or disability will under no circumstances be granted until an Employee's entire accrued sick leave bank is first exhausted. C. Before returning from sick leave or an unpaid leave of absence for an injury, illness or disability, or during such leave, the Employee, at the discretion of the City, may be required to have a physical examination by a doctor designated by the City to determine the Employee's capacity to perform work to be assigned. If the City's designated doctor is in conflict with the Employee's doctor, a third mutually agreed upon Doctor of Occupational Health shall be the deciding factor; otherwise the City's doctor prevails. ecti eave fi - ness, Injury or Disabili A. The City acknowledges that it must comply with the Illinois Public Employee Disability Act and in addition, the Illinois Workers’ Compensation Act for an illness, injury or disability that is determined to be compensable in accordance with the Illinois Workers’ Compensation Act. Before returning from a leave of absence for an on duty, illness or disability, the Employee, at the discretion of the City, may be required to have a physical examination by a doctor designated by the City to determine the Employee's capacity to perform work to be assigned. If the City's designated doctor is in conflict with the Employee's doctor, a third mutually agreed upon Doctor of Occupational Health shall be the deciding factor; otherwise the City's doctor prevails. Any physical examination shall be completed within fourteen (14) calendar days of the City directing the Employee to schedule such, which time frame can be extended by mutual agreement of the Parties, and a request for an extension shall not be unreasonably denied. 19 10-29-20 ===== PDF PAGE 69 ===== [Extraction: OCR (rendered-page OCR)] Section 14.5 Military Leav Military leave shall be granted in accordance with applicable law. ection i D eav' Employees covered by this Agreement who are required to serve on a jury shall sign their jury duty checks over to the Employer. The Employer shall compensate such Employees, at their regular rate of pay, for each regularly scheduled work hour actually spent on jury duty, up to eight (8) hours per day. Employees whose shift length is more than eight (8) hours per day must bridge the difference by either reporting for work, or by using accrued compensatory leave. If an Employee does not have any accrued compensatory leave, he shall use other accrued leave (other than sick leave) to bridge the difference: If an Employee has no accrued leave to use, the Employee must report to work. Section 14.7 Bereavement Leave In the event of death in the immediate family, the Employee will be granted up to three (3) workdays/shifts of paid bereavement leave. The Department Head or designee may approve an Employee’s request for up to two (2) additional days and if granted, such additional day(s) shall be deducted from the accumulated sick leave or other accrued benefit leave time. For this purpose, “immediate family” shall be defined as the Employee’s spouse, party to a domestic/civil union, or any of the following members of either the Employee’s or spouse’s family: parent (including step), sibling (including half or step), child (including step or adopted), grandparents, grandchild, daughter-in-law, son-in-law, niece or nephew and aunt or uncle. An Employee shall provide satisfactory evidence of the death of a member of the affected family member and the Employee's attendance at the funeral, memorial or bereavement service if so requested by the City. Bereavement leave shall be taken within thirty (30) calendar days from the date of the death. Section 14.8 Light D Employees who are physically unable to perform their normal job duties because of an illness, injury or disability may be placed on light duty assignment by the Chief of Police, provided that the Employee receives a medical release pursuant to Section 14.3(B.) from his physician or the City’s designated physician to the extent permitted by law to perform such assignment. The length of time and circumstances of such light duty shall be within the sole discretion of the Chief of Police, and the Chief of Police when assigning such light duty shall be mindful of the Employee's previous work schedule and take it into consideration. ARTICLE 15 WAGES Section 15.1 Wages Employees shall be compensated according to the following schedule: 2.00% 2.00% | 2.00% | 01/01/20 01/01/21 eH -01-22 Step 12/31/20 12/31/21 12-31-22 | A_|__ $72,006 $73,446 $74,915 | B | $76,145 $77,668 $79,221 $80,524 $82,134 | $83,777 _| 20 10-29-20 ===== PDF PAGE 70 ===== [Extraction: OCR (rendered-page OCR)] $85,155 $86,858 , $88,595 $91,852 $93,689 $97,134 $99,076 $102,719 $104,773 $108,624 $110,796 Section 15.2 Officer In Charge (OIC) Pay OIC pay applies only when there is not a Sergeant on a particular shift and the Officer acts as the OIC. The Officer will be compensated $50.00 when acting as the OIC between two (2) to eight (8) hours and $75.00 when acting as the OIC in excess of eight (8) hours per shift. Per “The Officer in Charge (OIC)” Policy, the Chief of Police or his designee shall determine which individuals may serve as OICs on each shift. All callouts and posted overtime for a Supervisor shall be offered by seniority from a list comprised of current Sergeants and designated OICs. Officer manpower shortages shall be resolved according to Section 6.4. This Section (15.2) shall become effective only upon ratification and execution of the Agreement by both parties. No OIC pay shall be retroactive to a date preceding ratification/execution of this Agreement. Section 15.3 Field Training Officer Benefits All Field Training Officers shall earn two (2) hours of straight compensatory time for each training day. An additional four (4) hours of straight compensatory time shall be eamed at the end of the four (4) week training step provided; however, the Field Training Officer worked every complete shift with his assigned Employee during the step. Field Training Officer benefits will only be provided to active Field Training Officers as defined in the Department’s Policies. ecti cel e Effective January 1, 2021, Employees shall be placed on the Wage Schedule per Appendix B attached to this Agreement. New Employees shall be placed on the wage schedule as determined appropriate by the City based upon their previous work experience and background. ecti ent Ww. Employees shall move through the wage schedule based on the performance evaluation received by the officer prior to December 31‘ of each year. Employees who receive a “meets standards” evaluation or better shall move forward one letter level. Employees who receive a “below standards” evaluation shall not proceed to the next letter level. During the first twelve (12) months of employment, an Employee shall only move across the wage schedule at the same letter level on the January 1“ following their hire, and shall only move forward one letter level after twelve (12) months of employment and if they receive a “meets standards” evaluation or better. After twelve (12) full months of employment, they shall follow the same movement as longer tenured Employees. For example: e an Employee hired on July 1, 2010 will begin at Step A of the 2010 wage schedule. On January 1, 2011, he will move to step A of the 2011 schedule. Assuming he receives at least a “meets standards” on his evaluation, on his one (1) year anniversary date (July 1, 2011), he will then move forward to Step B of the 2011 wage schedule. On January 1, 2012, he will progress across and 21 10-29-20 ===== PDF PAGE 71 ===== [Extraction: OCR (rendered-page OCR)] forward one step (Step C) on the 2012 wage schedule, the latter assuming he receives at least a “meets standards” on his evaluation; and e an Employee hired on November 1, 2010 will begin at Step A of the 2010 wage schedule. On January 1, 2011, he will move to step A of the 2011 schedule. Assuming he receives at least a “meets standards” on his evaluation, on his one (1) year anniversary date (November 1, 2011), he will then move forward to Step B of the 2011 wage schedule. On January 1, 2012 he will progress across and forward one step (Step C) on the 2012 wage schedule, the latter assuming he receives at least a “meets standards” on his evaluation. The evaluation period each year shall begin on December 1* and conclude on November 30", ecourse The Employer's evaluation of Employees may not be arbitrary and capricious. Employees may challenge their evaluation through the grievance procedure, however, if a grievance involving this subject matter cannot be resolved prior to Step 4, the Labor Council may proceed to Step 4 in an attempt to resolve the dispute. Any request to proceed to arbitration shall be determined solely by the Labor Council. In order to prevail before an arbitrator, the Labor Council must establish that the Employee's evaluation was arbitrary and capricious. Section 15.71 ity P Longevity pay is not applicable to Employees covered by this Agreement. PR LYE AS DIN 6) O A ELMBURSEMENT Section 16.1 Quartermaster Allowance Employees who are required to wear and regularly and continuously maintain prescribed items of uniform clothing and personal equipment per the “Uniform Regulations Policy” issued on March 20, 2017 shall be issued same by Employer, as necessary, but shall be required to clean and maintain such items properly and will be responsible for their return in good condition, less normal depreciation and destruction in the course of employment. Section 16.2 Clothing Allowance Effective upon the execution of the Collective Bargaining Agreement by both Parties, the City shall provide to each Detective a clothing allowance of $700.00 per fiscal year and to each School Resource Officer a clothing allowance of $200.00 per fiscal year. The clothing allowance for a Detective shall be paid in two $350.00 installments on the first payroll that occurs in the month of January and the first payroll that occurs in the month of July of each year. The clothing allowance for the School Resource Officer shall be paid in one lump sum on the first payroll that occurs in the month of January each year. The type of clothing required to be worn while on duty shall be determined by the Chief of Police or his designee. 22 10-29-20 ===== PDF PAGE 72 ===== [Extraction: OCR (rendered-page OCR)] ARTICLE 17 INSURANCE Section 17.1 Coverage The City will provide health and dental insurance coverage similar to the existing policies, except as otherwise stated in this Article. Employee coverage will begin on the first day of the first month following thirty (30) days of employment, except if he starts on the first business day of the month, when he would be eligible on the first day of the following month. Employee coverage terminates on the last day of his employment, unless he decides to continue health insurance through the City’s plan at the current applicable premiums for that Plan year, to be paid by the Employee. The Employer may change carriers, benefits, adopt a PPO plan or self-insure as it deems appropriate, so long as the basic level of insurance benefits remains the same, except the Employer may make the following changes to the PPO Plan: A. Increase the deductible for single coverage to $300 and family coverage to $800 per benefit plan year. B. Change co-insurance for participating PPO providers in network to eighty (80) percent and change co-insurance for non-participating PPO providers to seventy (70) percent for out of network. Section 17.2 Cost Beginning the first full month following execution of the Collective Bargaining Agreement by both Parties, the following cost sharing provisions shall be applicable for Employees participating in an approved medical insurance program offered by the Employer: Employee Share HMO - Single 0% of Premium HMO - Famil: 90% of premium 10% of Premium All Other Programs - Single 90% of premium 10% of Premium All Other Programs - Family 90% of premium 10% of Premium The Employer will pay one hundred percent (100%) of the premium for both single and family dental care coverage through an approved insurance carrier(s). Section 17.3 Cost Containment The Employer reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remains substantially the same. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre-admission and continuing admission review, prohibition on weekend admissions except in emergency situations, and mandatory out-patient elective surgery for certain designated surgical procedures. 100% of premium 23 10-29-20 ===== PDF PAGE 73 ===== [Extraction: OCR (rendered-page OCR)] Section 17.4 Life Insurance The Employer shall provide to all Employees life insurance coverage equal to the Employee’s base salary. The Employer will pay one hundred percent (100%) of the cost of this insurance premium. The Employer shall also provide life insurance coverage for all Employees’ spouses and for all dependents at the coverage amounts approved by the Insurance Cooperative of which the Employer is a member. This coverage shall continue as long as life insurance is available at reasonable rates to the Employer. Section 17.5 Killed In The Line Of Duty The Employer shall defray all remaining reasonable funeral and burial expenses which are not paid from some other source for any bargaining unit member killed in the line of duty, to a maximum of $5,000. ARTICLE 18 DRUG/ALCOHOL TESTING In order to help provide a safe work environment and to protect the public by insuring that police officers have the physical stamina and emotional stability to perform their assigned duties, the Employer may require Employees to submit to a urinalysis test and/or other appropriate drug or alcohol test up to four (4) times per year per Employee at a time and place designated by the Employer. If an Employee tests positive in any such random screening test for drugs/alcohol, a second drug/alcohol test shall be conducted as soon as possible. The results of these tests shall be sent to the Employer but will remain absolutely confidential and if both drug tests are positive the Employee shall be advised confidentially to seek assistance. If, after a reasonable period of time for rehabilitation, the same Employee tests positive another time subsequent to rehabilitation, or if the initial alcohol test (via blood test) shows an alcohol concentration of .040 or more based upon grams of alcohol per 100 millimeters of blood, the test results shall be submitted to the Chief of Police for appropriate action. Drug or alcohol testing may also be required where there is cause for such testing. Unlawful use of drugs or the use of alcohol during or just before work, or the failure to cooperate in testing under this Section, shall be cause for discipline, including discharge. ICLE 19 MISCELLA Section 19.1 Maintena cE ic Benefi All economic benefits which are not set forth in this Agreement and are currently in effect shall continue and remain in effect until such time as the Employer shall notify the Labor Council of its intention to change them. Upon such notification, and if requested by the Labor Council, the Employer shall meet and discuss such change before it is finally implemented by the Employer. Any change made without such notice shall be considered temporary pending the completion of such meet and confer discussions. If the Labor Council becomes aware of such a change and has not received notification, the Labor Council must notify the Employer as soon as possible and request discussions if such discussions are desired. The failure of the Labor Council to request discussions shall act as a waiver of the right to such discussions by the Labor Council. Section 19.2 icans With Disabilities 4 During the term of this Agreement, the parties agree that the Employer may take reasonable steps to comply with the requirements of the Americans With Disabilities Act. 24 10-29-20 ===== PDF PAGE 74 ===== [Extraction: OCR (rendered-page OCR)] Section 19.3 Smoki During working hours, Employees shall be covered by the Smoke Free Illinois Act of 2008. The Employer may adopt and modify policies and procedures which are consistent with the provisions of the Smoke Free Illinois Act. dical Leave Act Employees shall be covered by the Family and Medical Leave Act of 1993, or as amended. The Employer may adopt and modify policies and procedures which are consistent with the provisions of the Family and Medical Leave Act. The Employer shall follow and abide by the rights and procedures provided for in 50 ILCS 725/1 et. seq. of the Illinois Compiled Statutes. Any alleged violation of this Article of the Agreement may be pursued through the grievance procedure up to but not through the arbitration step. i i llowance Beginning in January 2018 and in each successive January, the City shall provide each Employee a fitness allowance of $300.00 per year. Nothing herein shall be construed as to require the City to provide space in or fitness equipment at any municipal facility for Employees to use. ARTICLE 20 IMPASSE RESOLUTION Upon the expiration of this Agreement, the remedies for the resolution of any bargaining impasse shall be in accordance with the Illinois Public Labor Relations Act, as amended. ARTICLE 21 CIVIL SERVICE COMMISSION The Parties recognize that the Civil Service Commission of the City of West Chicago has certain authority over Employees covered by this Agreement, except that the Parties have negotiated an alternative procedure for appealing disciplinary action involving a suspension or discharge. All disciplinary action involving a suspension or discharge shall be subject to review under the grievance procedure and not subject to appeal to the Civil Service Commission and no such review, filing, or processing of pending disciplinary action or pending charges before the Civil Service Commission shall be implemented by any person. ARTICLE 22 OUTSIDE EMPLOYMENT Employees may not be employed in any other capacity without the written approval of the Chief of Police; said approval shall not be unreasonably denied. Employees, who have completed their Field Training Programs, wishing to work outside employment must first notify the Chief of Police of such employment immediately by completing a Department provided form. The form will ask the prospective Employer’s name, address, phone number and a description of the job, including requests for self- employment. If approved, thereafter, this same information shall be updated by the Employee on January 1% and July 1% of each year. The City Administrator may withdraw approval for outside employment upon just cause. Outside work is defined as any gainful employment other than the performance of official duties including, but not limited to, self-employment, working for another 25 10-29-20 ===== PDF PAGE 75 ===== [Extraction: OCR (rendered-page OCR)] employer in management, operation or direction of a private business for profit, including, any direct or indirect financial interest in any such business. Outside employment shall be permitted to the extent it does not prevent Employees from devoting their primary interest to the accomplishment of their work for the City or tend to create a conflict between the private interests of the Employee and the Employee’s official responsibilities. An Employee may not engage in outside employment: (1) Which requires the wearing of the West Chicago police uniform. (2) Which involves the use of City facilities, equipment, and supplies of whatever kinds. (3) Which requires the use of official information not available to the public; and (4) Which requires more than twenty (20) hours of work a week. The carrying of a weapon may be approved for the purpose of outside employment on a case-by-case basis; said approval shall not be unreasonably denied. An Employee may not engage in any other business, position or occupation outside of the City limits which requires the possession of a firearm without first obtaining a written agreement from such business, position or occupation to indemnify the City of West Chicago for any liability (including workers' compensation or tort liability) which may arise from the use of such firearm. ARTICLE 23 SAVINGS CLAUSE In the event any Article, Section or portion of this Agreement should be held invalid and unenforceable by any board, agency or court of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof specifically specified in the board, agency or court decision, and upon issuance of such a decision, the Employer and the Labor Council agree to immediately begin negotiations on a substitute for the invalidated Article, Section or portion thereof. ARTICLE 24 ENTIRE AGREEMENT This Agreement constitutes the complete and entire agreement between the Parties and concludes collective bargaining between the Parties for its term. This Agreement supersedes and cancels all prior practices, agreements, policies, and procedures, whether written or oral, which conflict with the express terms of this Agreement. If a past practice is not addressed in the Agreement, it may be charged by the Employer as provided under Article 4, Management Rights. The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law or ordinance from the area of collective bargaining, and that the understandings and agreements arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement. ARTICLE 25 TERMINATION Section 25.1 Termination in 2022 This Agreement shall be effective on January 1, 2021 and shall remain in full force and effect until 11:59 p.m. on the 31% day of December 2022. It shall be automatically renewed from year to year 26 10-29-20 ===== PDF PAGE 76 ===== [Extraction: OCR (rendered-page OCR)] thereafter unless either Party shall notify the other in writing at least sixty (60) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin no later than sixty (60) days prior to the anniversary date. Executed this __ day of , 2020. For the City of West Chicago Ruben Pineda Date Mayor Nancy Smith Date City Clerk City Seal: 10-29-20 For th¢ Illinois ROP Labor Council 1-O09-AO evin S. Krug Date FOP Labor Council Representative Michael Levato Date Edward Berg Secretary Gi Pe a tlre Michael Smurawski Date Treasurer a ts Up\6f2zr Sara Gelsomino Date Sergeant at Arms 27 ===== PDF PAGE 77 ===== [Extraction: OCR (rendered-page OCR)] APPENDIX B STEP PLACEMENT Y¥ 1.2021 Zepeda H Potapezak H Smurawski H Berg H Landbo H Perry,R H Levato H O'Neil H Nielsen H Peterson H Moos H Sauseda H Herbert H Alaniz H Kowalik H Winton H Cummings H Fuller H Bowers H Jones H Gelsomino H Calabrese G Flanigan G Richards G Bertany F Schoonhoven F Mielke D Rigler D Moore Cc Hunt* A Dominguez* A Eversole* A “Step B at One Year Anniversary 29 10-29-20 ===== PDF PAGE 78 ===== [Extraction: OCR (rendered-page OCR)] DUES AUT. Z ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL 974 CLOCK TOWER DRIVE SPRINGFIELD, ILLINOIS 62704 I. (insert_your_name), understand that under the U.S. Constitution I have a right not to belong to a union. By my signature I hereby waive this right and opt to join the IL FOP Labor Council. Po insert your name), hereby authorize my Employer, City of West Chicago to deduct from my wages the uniform amount of monthly dues set by the Illinois Fraternal Order of Police Labor Council, for expenses connected with the cost of negotiating and maintaining the collective bargaining agreement between the parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as it may from time to time direct. In addition, | authorize my Employer to deduct from my wages any back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of my employment, in such manner as it so directs. Date: Signed: Address: City: State: Zip: Telephone: Personal E-mail: Employment Start Date: Title: Employer, please remit all dues deductions to: Illinois Fraternal Order of Police Labor Council Attn: Accounting 974 Clock Tower Drive Springfield, Illinois 62704 (217) 698-9433 Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable contributions for federal income tax purposes; however, they may be deductible on Schedule A of Form 1040 as a miscellaneous deduction. Please check with your tax preparer regarding deductibility. 28 10-29-20