===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO PUBLIC AFFAIRS COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: Resolution No. 21-R-0037 AGENDA ITEM NUMBER: __8- ©. A Resolution approving an Intergovernmental Agreement with the Village of Tower Lakes Regarding the Donation of Electronic FILE NUMBER: Equipment. COMMITTEE AGENDA DATE: May 24, 2021 COUNCIL AGENDA DATE: June 7, 2021 STAFF REVIEW: Christopher Shackelford, Interim Chief of Police | SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: In June 2020 the City replaced existing Panasonic brand in-car camera systems with AXON brand systems in 17 police cars. The switch to AXON was driven by a number of factors, including a desire to employ camera equipment with the most up-to- date technological features as well as capture the benefits of having all officer-generated audio/video files created, managed and stored using the same platform (as all officers were equipped with AXON brand body worn cameras beginning in March 2019). The Panasonic camera systems removed from the police cars are owned by the City; however, Police Department staff have no use for any of the components and the equipment is currently in storage. Meanwhile, the Village of Tower Lakes equips their police cars with Panasonic brand in-car cameras. Staff with the Village of Tower Lakes is aware we have the Panasonic camera systems on hand and has requested a donation of four (4) of these Panasonic systems for installation and use in police cars utilized by the Tower Lakes Police Department. The Village Board of Tower Lakes has approved the attached Intergovernmental Agreement relative to the donation and transfer of this equipment. ACTIONS PROPOSED: Staff recommends approval of Resolution No. 21-R-0037. COMMITTEE RECOMMENDATION: The Public Affairs Committee recommends approval of Resolution No. 21-R-0037. ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] Ttem # &.C, RESOLUTION NO. 21-R-0045 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN EMPLOYMENT AGREEMENT WITH COLIN M. FLEURY — CHIEF OF POLICE BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a certain Employment Agreement by and between Colin M. Fleury and the City of West Chicago, in substantially the form which is attached hereto and incorporated herein as Exhibit “A”. APPROVED this 7" day of June, 2021. AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A Resolution No. 21-R-0045 EMPLOYMENT AGREEMENT This Agreement, made and entered into as of the 7" day of June, 2021 by and between the City of West Chicago, an Illinois home rule municipal corporation (sometimes hereinafter referred to as the “City”) and Colin M. Fleury (sometimes hereinafter referred to as “Fleury”). WITNESSETH WHEREAS, the corporate authorities of the City are authorized to enter into this Agreement pursuant to the authority contained in 65ILCS 5/8 —1-7; and, WHEREAS, the City desires to employ the services of Fleury as the Chief of Police of the City, as provided for by the ordinances of the City; and, WHEREAS, it is the desire of the City to provide certain benefits and to set working conditions for Fleury; and, WHEREAS, the purpose of this Agreement is to: (1) Secure and retain the services of Fleury and to provide inducement for him to remain in such employment; (2) To make possible full work productivity by assuring Fleury’s morale and peace of mind with Respect to Future Security; (3) Act as a deterrent against malfeasance or dishonesty for personal gain on the part of Fleury; and, (4) Provide a just means of terminating Fleury’s services should such become necessary; in the sole opinion of the City and, WHEREAS, Fleury desires to accept employment as Chief of Police of the City upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and of the covenants and conditions hereinafter contained, the adequacy and sufficiency of which the Parties hereto hereby stipulate, the Parties hereto agree as follows: Section 1. Duties The City agrees to employ Fleury as Chief of Police of the City for the term identified in Section 2, subject to the terms of this Agreement. Fleury agrees to be employed as Chief of Police of the City and to perform the functions and duties of said office in accordance with the ordinances of the City, the Job Description attached as Exhibit “A” and any other resolutions, rules and regulations and policies of the City in effect as of the effective date of this Agreement and those hereafter adopted or instituted by the City as the case may be, pertaining to the duties and responsibilities of the Chief of Police, and to perform such other legally permissible and proper duties and functions as the City Administrator shall from time to time assign. ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] Section 2. Term The term of this Agreement shall commence June 28, 2021, and shall terminate at midnight on April 30, 2025, unless terminated earlier, subject to the conditions provided in Section 3 of this Agreement. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City to terminate the services of Fleury at any time or the right of Fleury to resign at any time from his position with the City, subject to the provisions set forth in Section 3 of this Agreement. Section 3. Rights Upon Termination A. In the event Fleury is terminated, under this Section A, by the City during the term of this Agreement, the City agrees to compensate Fleury for twelve (12) weeks of base salary. This compensation shall be paid in one lump sum with the next regularly-scheduled payroll with all required deductions taken by the City. Fleury shall also receive twelve (12) weeks of continued health and dental insurance, with the City paying the Employer portion of the Premium. B. In the event Fleury is terminated because of his conviction for any illegal act involving personal gain to Fleury or involving moral turpitude, then the City shall have no obligation to pay the severance package detailed in Section 3(A) above and can immediately terminate the Agreement with no prior notice and without any further obligations, other than those imposed by law. C. Further, in the event Fleury shall be charged or arrested for the violation of any criminal law or statute which, in the opinion of the City Administrator, would reflect unfavorably upon said City, or in any way interfere with Fleury’s ability to discharge the duties of his position, then the City may request and, upon such a request, Fleury shall accept a leave of absence without pay pending a final determination of the criminal charges brought against Fleury. During this unpaid leave of absence, no benefit time will accrue and Fleury shall be responsible for paying 100% of his health and dental insurance Premiums; also, during this leave of absence, the City will not contribute towards the City funded deferred compensation plan and car allowance and Fleury will not have access to the City’s network and will need to return the City issued mobile communication device. Should Fleury be cleared of all wrongdoing in connection therewith he shall be restored to his Position and all amounts of pay and other benefits pending shall be promptly paid to him on the next regularly scheduled payroll; at that same time, all benefit time that would have accrued during Fleury’s leave of absence shall be added to his accrued leave time bank(s), and Fleury shall be reimbursed for the Employer portion of health and dental insurance Premiums paid by Fleury while on said leave of absence. D. In the event the City refuses, following written notice, to comply with any provision herein, Fleury may at his option, be deemed to be “terminated” at the ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] date of such refusal to comply within the meaning and context of the benefits described in Sections 3(A). Upon a recommendation by the City Administrator that Fleury resign, and upon a majority vote of the Corporate Authorities, then Fleury may, at his option, be deemed to be “terminated” as provided for herein. In the event Fleury voluntarily resigns his position with the City before the expiration of this Agreement, then Fleury shall give the City thirty (30) days’ written notice unless such notice requirement is waived or modified by mutual written agreement between Fleury and the City. Fleury shall continue to serve as Chief of Police until such point in time as either Party takes action to the contrary. Should this Agreement not be renewed at the discretion of the City, Fleury may at his option be deemed to be “terminated” as provided for herein. Upon separation of employment, for any reason, Fleury shall tender to the City Administrator or his designee all of Fleury’s Access Codes to the City’s information technology network and all passwords to any other City information technology network, software, database and electronic program to which Fleury had access as Chief of Police, and all City property, including, but not limited to, his City issued uniform, City vehicle, keys, books, records, laptop computer, office equipment, mobile communication device, etc. Fleury shall be responsible for providing his own firearm(s), but otherwise will be equipped under the City’s quartermaster system for sworn police officers. Section 4. Salary and Benefits A. The City agrees to pay Fleury for his services rendered pursuant to this Agreement at an annual base salary (“Base Salary”) of $160,000. Following successful completion of a six-month probationary period, Fleury’s base salary shall increase to $166,000. Fleury shall be eligible for his first merit increase at one year from the date of hire, at an amount determined by the City Administrator. Fleury shall receive the same cost of living adjustments as are given to other non-union City employees, beginning January 1, 2023. This adjustment shall occur at the same time as the non-union City employees’ annual salary adjustments take effect. Except as provided for herein, Fleury shall receive all of the same fringe benefits as may be provided by the City to non-union positions and as detailed in the City’s Personnel Manual. ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] C. As a Participant in another Pension Fund established under the provisions of the Illinois Pension Code, Fleury agrees he will not participate in the West Chicago Police Pension Fund while employed by the City. Instead, the City will contribute the maximum amount of the normal contribution limit allowable under an ICMA-RC 457 Deferred Compensation Plan Account and the maximum amount of the Age 50 Catch-up Limit (up to Fifty Percent of the 2021 contribution limits, beginning in July), in equal installments (twice monthly) to an ICMA-RC Plan agreeable to both Fleury and the City. Dz. Fleury shall only participate in an HMO Health Insurance Plan while working for the City, so long as such is made available to him. A Dental Insurance Plan will be made available to Fleury. E. Fleury shall earn 1.6667 days per month of vacation time (20 days per full calendar year). Section 5. Performance Evaluation A. The City Administrator shall review and evaluate the performance of Fleury at least once annually. If, at the time for the annual review, there is a vacancy in the position of City Administrator, the Acting City Administrator shall perform the review. Failure to Conduct said annual Review shall not impact or impair the rights of Fleury herein. B. The City Administrator shall define such goals and performance objectives as he determines necessary for the proper operation of the City and Police Department and in the attainment of the Mayor’s and City Council’s policy objectives. The City Administrator shall further establish a relative priority among those various goals and objectives, said prioritized goals and objectives to be reduced to writing. These goals and objectives shall be reviewed from time to time by the City Administrator and Fleury, said review to occur not less frequently than once a year. Further, the goals and objectives thus determined shall generally be attained within specified time limitations which may be defined by the annual operating and capital budgets. Section 6. Residency Fleury shall not be required to reside in the City. Section 7. Automobile and Mobile Communication Device Due to the nature of the duties of the position, the City shall provide Fleury a vehicle allowance in an amount determined appropriate by the City Administrator. ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] The City shall provide a mobile communication device to Fleury; said device may be used for limited personal business. Section 8. Dues and Subscriptions Taking into account any budget constraints, the City agrees to budget and pay the reasonable professional dues and subscriptions of Fleury necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City, as determined by the City. Section 9. Professional Development The City agrees to budget and pay the reasonable registration, travel, sustenance and related expenses of Fleury to enable him to continue his professional development and pursue necessary official functions of the City and for the City. Section 10. Notices All notices provided for herein shall be in writing and shall be personally delivered or mailed by registered or certified United States mail, postage prepaid, return receipt requested, to the Parties at the addresses given below or at such other addresses that may be specified by written notice in accordance with this paragraph: If to the City: City Administrator City of West Chicago 475 Main Street West Chicago, IL 60185 If to Chief of Police: Colin M. Fleury 1245 Pheasant Court Hampshire, IL 60140 Should Fleury change his address, he shall notify the City within seven (7) calendar days of any such changes. Section 11. General Provisions A. Amendments to this Agreement shall be in writing, signed by both Parties. ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] The text herein shall constitute the entire agreement between the Parties and all other oral and written past agreements and understandings between the Parties are superseded by this Agreement. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Fleury. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of [llinois. IN WITNESS WHEREOF, the City of West Chicago has caused this Agreement to be signed and executed on its behalf by its Mayor, approved as to form by the City Attomey, and the Chief of Police has signed and executed this Agreement, both in duplicate, the day and year first above written. ATTEST: Mayor Ruben Pineda City Clerk Nancy M. Smith Colin M. Fleury ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A POLICE CHIEF DEFINITION To plan, direct, manage and oversee the activities and operations of the Police Department including crime prevention, patrol operations, criminal investigations, City and County-wide records management systems, administrative adjudication and other law enforcement efforts; to coordinate assigned activities with other city departments and outside agencies; and to provide highly responsible and complex administrative support to the City Administrator. SUPERVISION RECEIVED AND EXERCISED Receives administrative direction from the City Administrator. Exercises direct supervision over supervisory, professional, technical and clerical staff. EXAMPLES OF IMPORTANT RESPONSIBILITIES AND DUTIES--/mportant responsibilities and duties may include, but are not limited to, the following: Assume full management responsibility for all Police Department services and activities including maintenance of law and order, protection of life and property, regulation of traffic, apprehension, arrest and detention of law violators, and maintenance of police records (City as well as County-wide via DuPage Justice Information System - DuJIS); recommend and administer policies and procedures. Manage the development and implementation of Police Department goals, objectives, policies, and priorities for each assigned service area; establish, within City policy and established budgetary guidelines, appropriate service and staffing levels; allocate resources accordingly. Continuously monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor workload, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct the implementation of changes. Represent the Police Department to other City departments, elected officials DUCOMM. DuPage County Chiefs of Police Association and other outside agencies; explain, justify and defend Police Department programs, policies, and activities; negotiate and resolve sensitive, significant and controversial issues. Train, motivate and evaluate Police Department personnel; provide or coordinate staff training; work with employees to correct deficiencies; direct personnel investigations ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A regarding police actions; implement discipline and termination procedures. Initiate internal investigations when appropriate and provide corrective action as needed. Mentor Command Staff regarding duties and nuances of executive-level police leadership positions. Plan, direct and coordinate, through subordinate level managers, the Police Department's work plan and administrative adjudication operations; meet with management staff to identify and resolve problems; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures. Manage and participate in the development and administration of the Police Department budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; direct the monitoring of and approve expenditures; direct the preparation of and implement budgetary adjustments as necessary. Ensure the patrol schedule is administered in a balanced manner that satisfies the needs of both the Department and the officers in accordance with the Collective Bargaining Agreement. Coordinate Police Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Administrator and City Council; prepare and present staff reports and other necessary correspondence. Serve as staff liaison to the Public Affairs Committee; participate on a variety of boards, committees and commissions; attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of law enforcement. Confer with citizens and City officials on law enforcement problems and assist in the development of innovative municipal law enforcement policies. Attend civic, professional, service and community group meetings at schools, churches and other places of public gatherings; explain the activities and functions of the Police Department; establish favorable public relations. Review and analyze reports, Federal and State legislation, court cases, and related matters; prepare written summaries of new legislation and court decisions that impact Department and/or City operations and administration for the City Administrator; contribute to the initial responses for legal actions. Serve as the Police Department's representative to print and television media; prepare and issue press releases; develop and implement policies regarding contact with the media. Participate in labor negotiations; maintain effective working relationship with Union Leadership; possess expertise in facilitating labor-management meetings. ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A Respond to and resolve difficult and sensitive citizen inquiries and complaints regarding police services and activities. Review all personnel injury and accident investigation reports for submission to Department of Administrative Services staff. Understand and adhere to the City’s Risk Management and Loss Prevention Programs, practices and policies. Oversee grant applications and grant awards. Administer and manage the submission, accounting and disbursement of Federal and State drug funds. Adhere to the Early-Return-to-Work Program. Serve as Chair of the City’s Executive Safety Committee or delegate that role to a member of the Department’s Command Staff. Hold supervisors accountable for risk management. Perform related duties and responsibilities as required. QUALIFICATIONS Knowledge of: Operational characteristics, services and activities of a comprehensive municipal law enforcement program. Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs. Law enforcement and crime prevention theory, principles and practices and their application to a wide variety of services and activities. Technical and administrative phases of crime prevention and law enforcement including investigation and identification, patrol, traffic control, administrative adjudication, records management, care and custody of persons and property, and environmental protection. Pertinent Federal, State and local laws, codes and regulations. Freedom of Information Act requirements, requests and responses. ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A Civil Service administration, rules and regulations. Examination and application processes and procedures for the establishment of sergeant and police officer eligibility lists. Use of firearms and other modern police equipment. Modern and complex principles and practices of program development and administration. Advanced principles and practices of municipal budget preparation and administration. Principles and techniques of positive public relations. Principles of supervision, training and performance evaluation. Safe work practices. Ability to: Provide administrative and professional leadership and direction for the Police Department. Plan, organize, direct and coordinate the work of supervisory, professional, and technical personnel; delegate authority and responsibility. Supervise, train and evaluate staff. Identify and respond to community and City Council issues, concerns and needs. Develop, implement and administer goals, objectives, and procedures for providing effective and efficient law enforcement services. Properly interpret and make decisions in accordance with laws, regulations and policies. Meet the physical requirements necessary to safely and effectively perform the assigned duties. Act quickly and calmly in emergencies. Prepare and administer a budget; allocate limited resources in a cost-effective manner. ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A Analyze problems; identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. Research, analyze, and evaluate new service delivery methods, procedures and techniques. Prepare clear and concise administrative and financial reports. Interpret and apply Federal, State and local policies, procedures, laws and regulations. Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work including city and other government officials, community groups, the general public, and media representatives. Experience and Training Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Fifteen years of progressively responsible experience in municipal police work, including at least five years in an administrative capacity. Training: Equivalent to a Bachelor’s Degree from an accredited college or university with major course work in police science, public or business administration or a related field. Graduation from a senior police management and leadership program such as the Northwestern School of Police Staff and Command, the F.B.I. National Academy or the Southern Police Institute’s Command Officers Development Course. License or Certificate: Possession of, or ability to obtain, an appropriate, valid driver's license. Possession of, or ability to obtain, a certification from the Illinois Law Enforcement Training and Standards Board. ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A Possession of, or ability to obtain, a Firearms Owner Identification Card from the Illinois State Police. TOOLS AND EQUIPMENT USED Police car, police radio, radar gun, handgun, Taser and other weapons as required, baton, handcuffs, body worn camera, cell phone, first aid equipment, personal computer including word processing software. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to stand; walk; use hands to finger, handle, or operate objects, controls, or tools listed above; reach with hands and arms; climb or balance; stoop, kneel, crouch, or crawl; and taste or smell. The employee must occasionally lift and/or move more than 50 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee frequently works in outside weather conditions. The employee occasionally works near moving mechanical parts; in high, precarious places; and with explosives and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, and vibration. The noise level in the work environment is usually moderate.