===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _ 7. K. Resolution No. 22-R-0081 — 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: 12/19/2022 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: The attached Collective Bargaining Agreement matches the recommended direction provided to the City Council. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 22-R-0081. COMMITTEE RECOMMENDATION: Collective Bargaining Agreements are submitted directly to the City Council for approval. ===== PDF PAGE 54 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 22-R-0081 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN LABOR AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND THE FRATERNAL ORDER OF POLICE LODGE NO. 85 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 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” and subject to attorney review of all language changes. APPROVED this 19" day of December 2022. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Valeria Perez, Executive Office Assistant ===== PDF PAGE 55 ===== [Extraction: embedded PDF text] Labor Agreement between ILLINOIS FOP LABOR COUNCIL And City of West Chicago Patrol Officers January 1, 2023 – December 31, 2025 ===== PDF PAGE 56 ===== [Extraction: embedded PDF text] TABLE OF FCONTENTS PREAMBLE ....................................................................................................................................1 ARTICLE 1 RECOGNITION .........................................................................................................1 Section 1.1 Recognition ...............................................................................................................1 Section 1.2 Probationary Period ..................................................................................................1 Section 1.3 Fair Representation ...................................................................................................1 Section 1.4 Labor Council Employees.........................................................................................1 Section 1.5 Gender .......................................................................................................................1 Section 1.6 Seniority ....................................................................................................................2 ARTICLE 2 LABOR COUNCIL SECURITY AND RIGHTS .......................................................2 Section 2.1 Dues Checkoff ..........................................................................................................2 Section 2.2 Labor Council Indemnification .................................................................................2 Section 2.3 Council Use Of Bulletin Boards ...............................................................................2 ARTICLE 3 LABOR MANAGEMENT MEETINGS ....................................................................2 Section 3.1 Meeting Request .......................................................................................................2 Section 3.2 Content ......................................................................................................................3 Section 3.3 Attendance ................................................................................................................3 ARTICLE 4 MANAGEMENT RIGHTS ........................................................................................3 ARTICLE 5 SUBCONTRACTING ................................................................................................4 ARTICLE 6 HOURS OF WORK AND OVERTIME ....................................................................4 Section 6.1 Application of Article ...............................................................................................4 Section 6.2 Normal Workday and Pay Period .............................................................................4 Section 6.3 Changes in Normal Workweek and Workday ..........................................................4 Section 6.4 Overtime Pay and Required Overtime ......................................................................4 Section 6.5 Work During Vacation, Floating Holiday or Personal Day ......................................6 Section 6.6 Compensatory Time ..................................................................................................6 Section 6.7 Court Time ................................................................................................................7 Section 6.8 Call-Back Pay ...........................................................................................................7 Section 6.9 No Pyramiding ..........................................................................................................7 ARTICLE 7 SHIFT ASSIGNMENT AND SCHEDULING ...........................................................7 Section 7.1 Scheduling.................................................................................................................7 Section 7.2 Posting of Annual Schedule ......................................................................................8 Section 7.3 Basic Requirements For Each Schedule ...................................................................8 Section 7.4 Less Experienced Officers ........................................................................................8 Section 7.5 Conclusion Of Bidding Process ................................................................................9 Section 7.6 Changes If System Unworkable ................................................................................9 Section 7.7 Specialized Work Units ............................................................................................9 Section 7.8 Canine Unit Compensation Plan ...............................................................................9 Section 7.9 School Resource Officers .........................................................................................9 ARTICLE 8 GRIEVANCE PROCEDURE ...................................................................................10 Section 8.1 Definition ................................................................................................................10 Section 8.2 Procedure ................................................................................................................10 Section 8.3 Arbitration ...............................................................................................................11 Section 8.4 Limitations on Authority of Arbitrator ...................................................................11 Section 8.5 Time Limit For Filing .............................................................................................12 i ===== PDF PAGE 57 ===== [Extraction: embedded PDF text] Section 8.6 Time Off..................................................................................................................12 Section 8.7 Discipline ................................................................................................................12 ARTICLE 9 NO STRIKE NO LOCKOUT ...................................................................................13 Section 9.1 No Strike .................................................................................................................13 Section 9.2 No Lockout .............................................................................................................13 Section 9.3 Penalty.....................................................................................................................14 Section 9.4 Judicial Restraint .....................................................................................................14 ARTICLE 10 HOLIDAYS ............................................................................................................14 Section 10.1 Holidays ................................................................................................................14 Section 10.2 Holiday Pay And Work Requirements .................................................................14 Section 10.3 Floating Holiday ...................................................................................................15 ARTICLE 11 LAYOFF AND RECALL .......................................................................................15 Section 11.1 Layoff ....................................................................................................................15 Section 11.2 Recall ....................................................................................................................15 ARTICLE 12 VACATIONS ..........................................................................................................16 Section 12.1 Eligibility And Accrual .........................................................................................16 Section 12.2 Vacation Pay .........................................................................................................16 Section 12.3 Scheduling And Accrual .......................................................................................17 Section 12.4 Employee Emergency ...........................................................................................17 Section 12.5 Accumulation ........................................................................................................17 Section 12.6 City Emergency ....................................................................................................17 ARTICLE 13 PERSONAL DAYS AND SICK LEAVE ..............................................................17 Section 13.1 Purpose of Sick Leave ..........................................................................................17 Section 13.2 Probationary Personnel .........................................................................................18 Section 13.3 Use of Sick Leave .................................................................................................18 Section 13.4 Days Earned In Accumulation ..............................................................................18 Section 13.5 Notification ...........................................................................................................18 Section 13.6 Medical Examination ............................................................................................18 Section 13.7 Abuse Of Sick Leave ............................................................................................18 Section 13.8 Sick Leave Utilization...........................................................................................19 Section 13.9 Sick Leave Buy Back ............................................................................................19 Section 13.10 Personal Days......................................................................................................19 Section 13.11 Personal Day Earning And Use ..........................................................................19 Section 13.12 Personal Day Accumulation ...............................................................................19 ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE ..............................................................20 Section 14.1 Unpaid Leave of Absence .....................................................................................20 Section 14.2 Benefits While on an Unpaid Leave of Absence ..................................................20 Section 14.3 Leave for an Off-Duty Illness, Injury or Disability ..............................................20 Section 14.4 Leave for an On-Duty Illness, Injury or Disability ...............................................21 Section 14.5 Military Leave .......................................................................................................21 Section 14.6 Jury or Witness Duty Leave ..................................................................................21 Section 14.7 Bereavement Leave ...............................................................................................21 Section 14.8 Light Duty .............................................................................................................22 ARTICLE 15 WAGES ..................................................................................................................22 Section l5.l Wages ....................................................................................................................22 Section 15.2 Officer In Charge (OIC) Pay .................................................................................23 ii ===== PDF PAGE 58 ===== [Extraction: embedded PDF text] Section 15.4 Placement On Wage Schedule ..............................................................................23 Section 15.5 Movement Through Wage Schedule ....................................................................23 Section 15.6 Recourse ................................................................................................................24 ARTICLE 16 QUARTERMASTER ALLOWANCE AND CLOTHING REIMBURSEMENT .24 Section 16.1 Quartermaster Allowance .....................................................................................24 Section 16.2 Clothing Allowance ..............................................................................................25 ARTICLE 17 INSURANCE ..........................................................................................................25 Section 17.1 Coverage ...............................................................................................................25 Section 17.2 Cost .......................................................................................................................25 Section 17.3 Cost Containment..................................................................................................26 Section 17.4 Life Insurance .......................................................................................................26 Section 17.5 Killed In The Line Of Duty ..................................................................................26 Section 17.6 VEBA 115 Plan.....................................................................................................26 ARTICLE 18 DRUG/ALCOHOL TESTING ...............................................................................26 ARTICLE 19 MISCELLANEOUS PROVISIONS .......................................................................27 Section 19.1 Maintenance of Economic Benefits......................................................................27 Section 19.2 Americans With Disabilities Act ..........................................................................27 Section 19.3 Smoking ................................................................................................................27 Section 19.4 Family and Medical Leave Act .............................................................................27 Section 19.5 Bill of Rights .........................................................................................................27 Section 19.6 Fitness Allowance .................................................................................................28 Section 19.7 Officer Wellness Checks .......................................................................................28 ARTICLE 20 IMPASSE RESOLUTION ......................................................................................28 ARTICLE 21 CIVIL SERVICE COMMISSION ..........................................................................28 ARTICLE 22 OUTSIDE EMPLOYMENT ...................................................................................28 ARTICLE 23 SAVINGS CLAUSE ...............................................................................................29 ARTICLE 24 ENTIRE AGREEMENT .........................................................................................29 ARTICLE 25 TERMINATION .....................................................................................................29 APPENDIX A DUES AUTHORIZATION FORM ......................................................................31 APPENDIX B ................................................................................................................................32 iii ===== PDF PAGE 59 ===== [Extraction: embedded PDF text] 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 N0. 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 Recognition 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 Probationary Period The probationary period shall be a period of sixteen (16) months from date of hire or twelve (12) months from the date of hire for any Police Officers hired under the City’s Lateral Transfer Program. 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. (Civil Service Commission Rules). Section 1.3 Fair Representation 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. Section 1.4 Labor Council Employees 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. 1 Master 12/15/2022 ===== PDF PAGE 60 ===== [Extraction: embedded PDF text] Section 1.6 Seniority 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 dues 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 Indemnification 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 Boards 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 Request 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. A quarterly meeting can be waived upon written 2 Master 12/15/2022 ===== PDF PAGE 61 ===== [Extraction: embedded PDF text] agreement of both Parties. Such meetings, times and locations, as mutually agreed upon, shall be limited to: (1) discussion on the implementation and general administration of this Agreement; (2) a sharing 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. 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. ARTICLE 4 MANAGEMENT RIGHTS 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. 3 Master 12/15/2022 ===== PDF PAGE 62 ===== [Extraction: embedded PDF text] ARTICLE 5 SUBCONTRACTING 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. ARTICLE 6 HOURS 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 Normal Workday and 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. These shifts will be considered separate and distinct from each other with their own manpower requirements. A 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 at a 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. Section 6.4 Overtime Pay and Required Overtime Employees working an eight (8) hour shift or a ten (10) hour shift shall be paid one and one-half (1½) 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 (1½) 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 4 Master 12/15/2022 ===== PDF PAGE 63 ===== [Extraction: embedded PDF text] additional four (4) hours in excess of eighty (80) hours in the 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 (4) 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 don’t 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 twelve (12) hour shift (6AM 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 will 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. 5 Master 12/15/2022 ===== PDF PAGE 64 ===== [Extraction: embedded PDF text] If an Employee is currently working overtime during the hours of the call-out, they are not eligible to be ordered for any part of the overtime unless there is a reverse call-out. An Employee working overtime is considered working on that shift. Officers assigned as Detectives will not be eligible to be ordered to cover Patrol Road shortages (Patrol Road shortage is defined as a Patrol shift that falls below the minimum staffing levels) that require overtime. Detectives will not be eligible to sign up for posted Patrol overtime. Detectives may volunteer to take the place of an Officer who was ordered to cover a shift shortage in patrol. Detectives are still eligible to be ordered for any other posted mandatory overtime. For this Section, Detectives are those individuals who are used on-call. 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) 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 work day. Routine calls by Employees needing to use sick leave will be resolved as described above in this section. In the event overtime gets canceled with less than two (2) hours’ notice, officers will have the option to work all or part of the overtime hours in patrol. If overtime gets canceled while the officer is currently working that assignment, the officer will have the option to leave and get paid for the hours they worked (the 2 hour minimum applies) or continue working up to the remainder of the scheduled hours in patrol. Section 6.5 Work During Vacation, Floating Holiday or Personal Day An Employee ordered to work on a vacation, floating holiday or personal day shall be paid one and one-half (1½) 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 (1½) 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. Compensatory time must be used in two (2) hour increments (2 hours, 4 hours, 6 hours etc.). The Compensatory time earned by the Employee may be taken at any time or for any reason provided twenty-four (24) hours' notice is given to the immediate supervisor, though the Chief of Police of their designee may refuse such leave for good cause. Compensatory days shall be granted on a first requested, first received basis. Compensatory time may be used with less than twenty-four (24) hours' notice if approved by the Chief of Police or his designee. If mutual agreement on compensatory time cannot be reached, the Employee shall receive one and one-half (1½) 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 6 Master 12/15/2022 ===== PDF PAGE 65 ===== [Extraction: embedded PDF text] 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 Court Time 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 attorney. Hours worked during court time shall be included as overtime pay at one and one-half (1½) 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 Pyramiding 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/Task Force Officer (TFO) who is required to be on-call shall receive a stipend of one hundred fifty dollars ($150.00) 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. ARTICLE 7 SHIFT ASSIGNMENT AND SCHEDULING Section 7.1 Scheduling 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 work day, 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 three (3) blocks consisting of two sixteen (16) week blocks and one twenty-week (20) block. The Employer may refuse to grant individual days off on any shift because of manpower shortage. 7 Master 12/15/2022 ===== PDF PAGE 66 ===== [Extraction: embedded PDF text] If a shift has more than the required officers assigned (considered “Heavy”) and another shift falls below staffing, (a Sergeant and two (2) Officers or no Sergeant and three (3) Officers) an Officer on the heavy shift can volunteer to move to the under-staffed shift until the shift is brought back to full strength or until the end of that block. If there is more than one (1) officer volunteering to change shifts, it will be awarded to the officer with the highest seniority. No officer, not on probation can be forced to switch shifts. Training classes held in West Chicago (including range days) that last less than the officers assigned shift length shall make up those hours at a time of their choice during the same pay period. For example, an officer who works a twelve (12) hour shift has a training day scheduled at the police department. The training is scheduled to last eight (8) hours. That officer needs to make up four (4) hours of time during that pay period. The officer may choose to work the same day, another day or another shift. When there is an advance notice of the training class the Officer can schedule the additional hours ahead of time. Benefit time may be used for the additional hours. When classes are held outside of West Chicago, those days will be considered a full shift day of work. Section 7.2 Posting of Annual Schedule The Employer shall post on or before October 1st of each year a yearly schedule for shift bidding and vacation bidding for Employees for assignments beginning January 1st 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 sixteen (16) or twenty (20) 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 Experienced Officers 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. 8 Master 12/15/2022 ===== PDF PAGE 67 ===== [Extraction: embedded PDF text] Section 7.5 Conclusion Of Bidding Process All bidding for shift assignments will be completed when all assigned Patrol positions are filled. The Employer may thereafter assign shifts to the scheduled officers who 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 Units 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. Section 7.8 Canine Unit Compensation Plan Officers assigned as the Department’s Canine Officer will receive a stipend of one (1) hour of straight time pay (at the Officer’s then current rate of pay, non-pensionable) for each day scheduled to work per pay period. A Scheduled work day for purposes of this section is defined as a day the Canine Officer is scheduled to work or is attending training on behalf of the department. The Canine Officer will also receive the stipend of one (1) hour of straight pay for sick leave, unplanned bereavement leave and pre-approved time off. Canine Officer Benefits will only be provided to an active Canine Officer as defined in the Department’s policies. The Department’s Canine Officer will work ten (10) continuous hours from 4:00 P.M. to 2:00 A.M. The normal pay period shall be eighty-eight (88) hours during the fourteen (14) day period. The Canine Officer’s schedule is subject to change per department needs or by the discretion of the Chief of Police. 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. 9 Master 12/15/2022 ===== PDF PAGE 68 ===== [Extraction: embedded PDF text] ARTICLE 8 GRIEVANCE PROCEDURE Section 8.1 Definition 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. 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 10 Master 12/15/2022 ===== PDF PAGE 69 ===== [Extraction: embedded PDF text] 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 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 Arbitration 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. 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. 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. 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. More than one grievance may be submitted to the same arbitrator if both Parties mutually agree in writing. 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 Limitations on Authority of Arbitrator 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 11 Master 12/15/2022 ===== PDF PAGE 70 ===== [Extraction: embedded PDF text] 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 shall be final and binding upon the Employer, the Labor Council and the Employee covered by this Agreement. Section 8.5 Time Limit For Filing 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 Discipline 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 12 Master 12/15/2022 ===== PDF PAGE 71 ===== [Extraction: embedded PDF text] 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 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 Section 9.1 No Strike 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. 13 Master 12/15/2022 ===== PDF PAGE 72 ===== [Extraction: embedded PDF text] 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 Restraint 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. ARTICLE 10 HOLIDAYS Section 10.1 Holidays 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. Section 10.2 Holiday Pay And Work Requirements 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 Scheduled shift hours Holiday Pay Hours Total Compensation (straight time) (Straight time) (In straight time hours) 8 hours 12 hours 20 hours 10 hours 12 hours 22 hours 12 hours 12 hours 24 hours For Non-Working Employees Scheduled shift hours Holiday Pay Hours Total Compensation (straight time) (Straight time) (In straight time hours) 0 hours 8 hours 8 hours 14 Master 12/15/2022 ===== PDF PAGE 73 ===== [Extraction: embedded PDF text] 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. A regularly scheduled workday is defined as a workday that the Officer is assigned to work and expected at work, not a pre-arranged day off, whether it’s a comp, vacation, or any other accrued time off. 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 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. Section 10.3 Floating Holiday Employees shall receive one (1) eight (8) hour floating holiday at January 1st 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 1st. 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 (1/2) day/shift increments, with the amount of hours dependent on the impacted Employee’s shift length. The Chief of Police or their designee may refuse such leave for good cause, and must be scheduled 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. ARTICLE 11 LAYOFF AND RECALL Section 11.1 Layoff 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' 15 Master 12/15/2022 ===== PDF PAGE 74 ===== [Extraction: embedded PDF text] 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. ARTICLE 12 VACATIONS Section 12.1 Eligibility And Accrual 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. Officers hired under the City’s Lateral Transfer Program will be placed on the vacation accrual schedule by the Chief of Police or his designee, based on his/her previous years of work experience and background. Once the Lateral Transfer Officer is placed on the vacation accrual schedule, they will follow the schedule for the remainder of their employment. (For example, Lateral Hire is given three (3) weeks of vacation when hired, they will not receive the additional week of vacation (4 total weeks) until they have been employed by the City for eleven (11) years and one (1) day. 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 Pay 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. 16 Master 12/15/2022 ===== PDF PAGE 75 ===== [Extraction: embedded PDF text] 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 1st, when the shift schedule is released, the Commander or his designee shall post a schedule of days available for vacation during the twelve-month period beginning each January 1st. The Employees on each shift shall then select their vacation preferences on the same day they are scheduled to bid for their next year’s work schedule 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 on the Officer’s assigned day of bidding with the hard copy written request submitted to the Commander or his designee for approval. The Commander or his designee shall review the requests and post a vacation schedule on or before December 1st. 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. The Chief of Police or their designee may refused such leave for good cause. Requests for two (2) 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. Section 12.5 Accumulation Vacation time shall not accrue during any layoff or unpaid leave of absence. Section 12.6 City Emergency 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 Purpose of Sick Leave 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. 17 Master 12/15/2022 ===== PDF PAGE 76 ===== [Extraction: embedded PDF text] Section 13.2 Probationary Personnel 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 Leave 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 Earned In Accumulation 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. Section 13.5 Notification Notification of absence due to sickness shall follow current Department policy and be given 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 Examination 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 ninety-six (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 (5th) 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. 18 Master 12/15/2022 ===== PDF PAGE 77 ===== [Extraction: embedded PDF text] Section 13.8 Sick Leave Utilization Sick leave must be used in no less than one (1) hour increments. Section 13.9 Sick Leave Buy Back 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 two-thousand five hundred (2,500) hours of sick leave will only be paid for five hundred (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. Effective January 1, 2024 an employee who participates in the VEBA 115 Plan will have their sick leave buy back deposited into the VEBA account. Section 13.10 Personal Days 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 1st. 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 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 Employee shall not have to provide a reason for taking the personal day. The Chief of Police or his designee may refuse such leave for good cause. Personal days must be taken in at least one-half (½) 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 1st, Employees may not accumulate personal day leave while on Workers’ Compensation leave. 19 Master 12/15/2022 ===== PDF PAGE 78 ===== [Extraction: embedded PDF text] 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 While on an Unpaid Leave of Absence 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. 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. Section 14.3 Leave for an Off-Duty Illness, Injury or Disability 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, 20 Master 12/15/2022 ===== PDF PAGE 79 ===== [Extraction: embedded PDF text] 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. Section 14.4 Leave for an On-Duty Illness, Injury or Disability 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. B. 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. C. 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. Section 14.5 Military Leave Military leave shall be granted in accordance with applicable law. Section 14.6 Jury or Witness Duty Leave 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 21 Master 12/15/2022 ===== PDF PAGE 80 ===== [Extraction: embedded PDF text] 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 Duty 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 l5.l Wages Employees shall be compensated according to the following schedule: CURRENT 3.50% 3.00% 3.00% 1/1/2022 1/1/2023 1/1/2024 1/1/2025 Step 1 $69,783 $71,876 $74,033 A $74,915 $77,537 $79,863 $82,259 B $79,221 $81,994 $84,454 $86,987 C $83,777 $86,709 $89,310 $91,990 D $88,595 $91,696 $94,447 $97,280 E $93,689 $96,968 $99,877 $102,873 F $99,076 $102,544 $105,620 $108,789 G $104,773 $108,440 $111,693 $115,044 H $110,796 $114,674 $118,114 $121,657 The Employer shall have sixty (60) days following execution of the Collective Bargaining Agreement by both Parties to pay all applicable Employees retroactive pay dating back to January 1, 2023. All hours paid retroactively beginning January 1, 2023 SHALL NOT be applicable to Employees who retired, resigned or were terminated from their employment between January 1, 2023 and the date upon which this Labor Agreement is executed by both Parties or ordered by an Arbitrator. 22 Master 12/15/2022 ===== PDF PAGE 81 ===== [Extraction: embedded PDF text] 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 fifty dollars ($50.00) when acting as the OIC between two (2) to eight (8) hours and seventy-five dollars ($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 (FTO) will be compensated one hundred fifty dollars ($150.00) for every training day completed. A training day for purposes of this Section is defined as a day an FTO is assigned to work in conjunction with a trainee within the framework of the formal Field Training program in use by the Department (currently Steps I-IV of the Sokolove Field Training Model). If the full Field Training Step is completed with no time off by the FTO, the FTO will receive eight (8) hours of Personal time. Unplanned bereavement leave and pre-approved time off will be the only exception to this rule. FTO benefits will only be provided to active Field Training Officers as defined in the Department’s Policies. Section 15.4 Placement On Wage Schedule Effective January 1, 2023, 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. Section 15.5 Movement Through Wage Schedule Employees shall move through the wage schedule based on the performance evaluation received by the officer prior to December 31st 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 1st 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. The evaluation period each year shall begin on December 1st and conclude on November 30th. After twelve (12) full months of employment, they shall follow the same movement as longer tenured Employees. For example: A newly hired Officer will begin at Step 1 of the 2023 wage scale. That Officer will remain at Step 1 until they have completed the academy training and FTO training. Once the Officer is released for solo patrol he/she will automatically be moved to Step A. On that Officer’s one year anniversary he will move to Step B. The Officer will continue through the wage scale every January 1st after that. 23 Master 12/15/2022 ===== PDF PAGE 82 ===== [Extraction: embedded PDF text] Example: An Officer is hired March 1, 2023. The Officer will begin on Step 1 until he/she has competed the academy and FTO. Once completed the Officer will move to Step A. On March 1, 2024 the Officer will move to Step B on his 1 year anniversary. On January 1, 2025 the Officer will then move to Step C. All assuming the Officer receives a “meets standard” or better on his evaluation. Example: An Officer is hired on November 1, 2023. The Officer will begin on Step 1 until he has completed the academy and FTO. Once completed the Officer will move to Step A. On November 1, 2024 the Officer will move to Step B on his 1 year anniversary. On January 1, 2025 the Officer will move to Step C. All assuming the Officer receives a “meets standard” or better on his evaluation. Example: A Lateral Transfer officer who is hired March 1, 2023 and begins at step C. On January 1, 2024 the officer will remain at step C. On March 1, 2024 the Officer will move to step D. Then on January 1, 2025 the officer will move to step E. All assuming the Officer receives a “meet standards” or better on his evaluation. If an Officer is placed on a Performance Improvement Plan (PIP) and meets standards or better by the six (6) month evaluation review, the Officer will then receive the applicable COLA increase the next full pay period for the applicable year. Section 15.6 Recourse 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 15.7 Longevity Pay Officers who have reached their ten (10) year anniversary before January 1st of that year will receive a one percent (1%) non-pensionable bonus calculated from his/her current rate of pay and paid annually in January of each year. The Officer will receive that bonus each year after his ten (10) year anniversary and continuing. The first payment for 2023 will be deposited by April 30th. ARTICLE 16 QUARTERMASTER ALLOWANCE AND CLOTHING REIMBURSEMENT 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. 24 Master 12/15/2022 ===== PDF PAGE 83 ===== [Extraction: embedded PDF text] 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 seven hundred dollars ($700.00) per fiscal year and to each School Resource Officer a clothing allowance of four hundred dollars ($400.00) per fiscal year. The clothing allowance for a Detective shall be paid in two (2) three hundred fifty dollars ($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 an SRO shall be paid in two (2) two hundred dollars ($200.00) 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 type of clothing required to be worn while on duty shall be determined by the Chief of Police or his designee. 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: 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). Employer Share Employee Share HMO – Single 100% of premium 0% of Premium HMO Single + One 88% of premium 12% of Premium HMO - Family 88% of premium 12% of Premium All Other Programs - Single 88% of premium 12% of Premium 25 Master 12/15/2022 ===== PDF PAGE 84 ===== [Extraction: embedded PDF text] Single + One 88% of premium 12% of Premium All Other Programs - Family 88% of premium 12% of Premium On December 31, 2025, the City and Union agree to increase the Employee share of the health insurance premium to 13% for all City provided health insurance plans/options beginning in 2026 fiscal year. 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. 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. Section 17.6 VEBA 115 Plan The City shall set up a retirement health savings plan for the Employees effective January 2024. The VEBA 115 Plan is paid for entirely by the Employees. The deposits for the account will come from the Employee’s compensatory time bank. The first payroll that occurs in the month of February, May, August, and November, deposits will be made into the members account. Depending on the hours of comp time in the member’s bank, a percentage of those hours will be converted to cash and deposited in the account. The percentages may change once per year following VEBA and IRS rules. The following are the percentages to be deposited: 0- 50 hours in comp bank 0 hours deposited 51-100 hours in comp bank - 10% of hours will be deposited 101-150 hours in comp bank - 15% of hours will be deposited 151-200 hours in comp bank - 20% of hours will be deposited ARTICLE 18 DRUG/ALCOHOL TESTING In order to help provide a safe work environment and to protect the public by ensuring that police officers have the physical stamina and emotional stability to perform their assigned duties, 26 Master 12/15/2022 ===== PDF PAGE 85 ===== [Extraction: embedded PDF text] 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. ARTICLE 19 MISCELLANEOUS PROVISIONS Section 19.1 Maintenance of Economic Benefits 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 Americans With Disabilities Act 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. Section 19.3 Smoking 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. Section 19.4 Family and Medical 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. Section 19.5 Bill of Rights 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. 27 Master 12/15/2022 ===== PDF PAGE 86 ===== [Extraction: embedded PDF text] Section 19.6 Fitness Allowance Beginning in January 2018 and in each successive January, the City shall provide each Employee a fitness allowance of three hundred dollars ($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. Section 19.7 Officer Wellness Checks All Officers shall be mandated to attend a one (1) hour long Officer Wellness check with a Certified Clinical Social Worker or above, yearly. The purpose of the Wellness Check is to provide confidential and emotional support services to the Officers, so they can successfully deal with the emotional stress and trauma that they encounter as part of their profession. These checks are paid for by the City and will be pre-scheduled. 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 1st and July 1st 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 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; 28 Master 12/15/2022 ===== PDF PAGE 87 ===== [Extraction: embedded PDF text] (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 This Agreement shall be effective on January 1, 2023 and shall remain in full force and effect until 11:59 p.m. on the 31st day of December 2025. It shall be automatically renewed from year to year 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 December 2022. _________________________________ _________________________________ Ruben Pineda Date Kevin S. Krug Date Mayor IL FOP Labor Council _________________________________ _________________________________ Valeria Perez Date Michael Levato Date Executive Assistant President 29 Master 12/15/2022 ===== PDF PAGE 88 ===== [Extraction: embedded PDF text] City Seal: _________________________________ Jeff Moos Date Vice President _________________________________ Jake Fuller Date Treasurer _________________________________ Ryan Perry Date Secretary _________________________________ Chris Richards Date Sergeant at Arms 30 Master 12/15/2022 ===== PDF PAGE 89 ===== [Extraction: embedded PDF text] APPENDIX A DUES AUTHORIZATION FORM ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL 974 CLOCKTOWER 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. I, (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, I 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 Email: ____________________________ 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. 31 Master 12/15/2022 ===== PDF PAGE 90 ===== [Extraction: embedded PDF text] APPENDIX B AS OF JANUARY 1, 2023 NAME STEP ZEPEDA H POTAPCZAK H LANDBO H PERRY H LEVATO H O’NEIL H ARMS H MOOS H HERBERT H SAUSEDA H ALANIZ H KOWALIK H WINTON H CUMMINGS H FULLER H JONES H CALABRESE H FLANIGAN H RICHARDS H BERTANY H SCHOONHOVEN H MIELKE F RIGLER F MOORE E HUNT D EVERSOLE D JACOBS C MONTGOMERY C MCGUIRE C CASTRO A CHASSAGNE A CHAPMAN E* MACDOUGALL E* SCHIEVER E* SERRANO A LUKASZEK D* * - Lateral Transfer 32 Master 12/15/2022 ===== PDF PAGE 91 ===== [Extraction: OCR (rendered-page OCR)] Them + mas. RESOLUTION NO. 22-R-0082 RESOLUTION AUTHORIZING THE CITY OF WEST CHICAGO TO ISSUE A NOTICE OF EARLY WITHDRAWAL TO THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY (IRMA) WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970, provides that municipalities of more than twenty-five thousand (25,000) in population are home rule units and, subject to the specific limitations of Illinois law, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City has a population in excess of twenty-five thousand (25,000) and is a legally recognized Illinois home rule municipality; and WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seg., to adopt ordinances and pass resolutions pertaining to the public health, safety, welfare and government functions; and WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the corporate authority for the City and is authorized by law to exercise all powers provided for thereby and to control the affairs of the City; and WHEREAS, the City Council possesses full power and authority to approve and pass all necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the objects for which the City was formed, in accordance with the Illinois Municipal Code; and WHEREAS, the City is currently a Member of the Intergovernmental Risk Management Agency (hereinafter IRMA), which is an intergovernmental insurance pool through which the City secures its general liability, workers compensation and other insurance; and WHEREAS, the City and IRMA have agreed that it is in their mutual best interests for the City to investigate and procure alternative insurance; and WHEREAS, City Staff explored various insurance options and has identified an Insurance Carrier to provide the necessary Insurance coverage to the City; and ===== PDF PAGE 92 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the City Council has determined it necessary and reasonable to grant the Mayor, or his designee, the authority to execute the necessary documents to provide appropriate notice to IRMA to withdraw. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of West Chicago, Illinois, as follows: SECTION 1: The foregoing recitals are adopted as part of this Resolution. SECTION 2: The Mayor, or his designee, is authorized to execute any and all documents required to withdraw from IRMA. SECTION 3: This Resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED AND ADOPTED this 19" day of December, 2022. AYES: NAYS: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Assistant ===== PDF PAGE 93 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 22-0-0041 AN ORDINANCE APPROVING MEMBERSHIP IN THE ILLINOIS MUNICIPAL LEAGUE RISK MANAGEMENT ASSOCIATION AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATION CONTRACT WHEREAS, the City Council of West Chicago has received the Plan of the Illinois Municipal League Risk Management Association including By-Laws, the Intergovernmental Cooperation Contract, and the anticipated cost of the participation in the Plan; and, WHEREAS, the City Council finds it to be in the public interest of the City to participate in the Plan. NOW, THEREFORE, BE IT ORDAINED by the City Council of West Chicago as follows: 1h} That the City Council does hereby authorize and approve membership in the Illinois Municipal League Risk Management Association and directs the mayor and clerk to execute an Intergovernmental Cooperation Contract with the Illinois Municipal League Risk Management Association for membership on an annual basis and each year thereafter unless this ordinance is repealed. Each Member hereby agrees to contribute to the Association a sum of money to be determined by the Association at the time of its annual renewal based on the needs of the Association and the loss experience of the Member, which sum shall constitute the cost of the Member’s contribution for membership in the Association. That this Ordinance shall be effective immediately upon its passage and approval. PASSED this 19" day of December 2022. Alderman J. Beifuss Alderman L. Chassee Alderman J. Sheahan Alderman A. Hallett Alderman M. Birch-Ferguson Alderman C. Swiatek Alderman R. Stout Alderman J. Morano Alderman H. Brown Alderman C. Dettmann Alderman S. Dimas Alderman M. Garling Alderman J. Short Alderman J. Jakabesin Ordinance No. 22-O-0041 Page 1 of 2 ===== PDF PAGE 94 ===== [Extraction: OCR (rendered-page OCR)] APPROVED as to form: City Attorney APPROVED this 19" day of December 2022. Mayor Ruben Pineda ATTEST: Executive Assistant Valeria Perez PUBLISHED: Ordinance No. 22-O-0041 Page 2 of 2 ===== PDF PAGE 95 ===== [Extraction: OCR (rendered-page OCR)] Illinois Municipal League RMA Risk Management Association Intergovernmental Cooperation Contract Revised 7/2018 ===== PDF PAGE 96 ===== [Extraction: OCR (rendered-page OCR)] AUTHORITY TO EXECUTE CONTRACT This Contract is entered into pursuant to the provisions of the 1970 Illinois Constitution Article VII, Section 10, entitled “Intergovernmental Cooperation” and the powers contained in Chapter 5, Act 220 of the Illinois Compiled Statutes 2000, entitled “Intergovernmental Cooperation Act.” WITNESSETH: WHEREAS, the public interest requires and it is to the mutual interest of the parties hereto to join together to establish and operate a cooperative program of risk management and loss coverage for municipal operations; and WHEREAS, the operation of such a cooperative program is of such magnitude that it is necessary for the parties to this Contract to join together to accomplish the purposes hereinafter set forth; and WHEREAS, each of the public entities which is a party to this Contract has the power to establish and operate a program of risk management; and WHEREAS, each of the parties to the Contract desires to join together with the other parties for the purpose of creating self-insured reserves against losses and jointly purchasing excess insurance, reinsurance and administrative services in connection with a cooperative program of risk management. NOW, THEREFORE, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this Contract by the participating municipalities which are parties hereto, each of the parties hereto does agree as follows: ARTICLE 1. DEFINITIONS The following definitions shall apply to the provisions of this Contract and its By-Laws: (a) “Association” shall mean the Illinois Municipal League Risk Management Association created by this Contract. (b) “Board” and “Board of Directors” shall mean the governing body of the Association. (c) “Claims management” shall mean the process of identifying, controlling and resolving demands by individuals or public entities to recover losses from any Member of the Association. Disposing of such demands for payment requires skills in insurance law, adjusting/investigation, loss control engineering and general business. Claims management is the function of supervising legal, adjusting, investigation and engineering services to resolve such demands. (d) “Municipality” means any participating city, village or incorporated town situated in the State of Illinois which is a member of the Illinois Municipal League and is a party to this Contract. (e) “Risk” as used in the Contract and By-Laws means any loss covered by the provisions of the policy terms which accompany this Contract. (f) “Risk Management” shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes various methods of funding claims payments, and includes elements of insurance, law, administration, technology and general business utilized to effectively manage risks. (g) “Risk Management Service” shall mean the management, administration and entire operation of the Cooperative programs of Risk Management of the Association. (h) “Managing Director” means the individual who supervises the day-to-day operation of the Association. oee) eee Ae eee Intergovernmental Cooperation Contract Page 1 of 5 RMA 7/2018 ===== PDF PAGE 97 ===== [Extraction: OCR (rendered-page OCR)] ARTICLE 2. ASSOCIATION NAME There is hereby created an entity, the full legal name of which shall be the “Illinois Municipal League Risk Management Association,” and which may be referred to herein as the “Association.” The principal office of the Association shall be the same as the principal office of the Illinois Municipal League which is located at 500 East Capitol Avenue, Springfield, Illinois. ARTICLE 3. ASSOCIATION POWERS (a) The Association shall have the power and the duty to establish and operate a program of Risk Management. (b) The Association is authorized to make and enter into contracts necessary to accomplish the purposes of this Contract. The foregoing powers include, but are not limited to, the power to contract for excess insurance or reinsurance, provide claims administration services and provide consulting services, make inspections of participant facilities and administer a safety program. (c) By this Contract the parties hereto through the Association agree to provide and pay the cost of all of the Risk Management Services described herein, to jointly obtain and pay the costs of premiums for excess insurance or reinsurance as may be found by the Board to be necessary from time to time, and to make contributions to the Association as required by this Contract. ARTICLE 4. ADMINISTRATION The Association shall be governed by its Board of Directors and the directions of the Board shall be carried out by the Managing Director, all as more fully described in the By-Laws of the Association. ARTICLE 5. MEMBERS, TERMS, WITHDRAWAL, EXPULSION (a) Each municipality which is a member of the Illinois Municipal League is eligible to join the Association. (b) Each municipality which is a party to this Contract is a “Member” of the Association and is entitled to the rights and privileges and is subject to the obligations of Members, all as provided for in this Contract and the By-Laws. (c) New Members shall be accepted upon application to the Association and acceptance by the prospective Member of the financial requirements and fund contribution requirements then in force and effect. (d) A municipality which is a party to this Contract hereby agrees to remain a Member of the Association for not less than one (1) year. A Member may withdraw its membership for any year thereafter upon the giving of not less than one hundred twenty (120) days written notice to the Managing Director. No membership may terminate prior to the last day of December of any given year. (e) A party to this Contract may be excluded from membership when it: (1) Fails to comply with the terms of the Contract or; (2) Fails to comply with a written term or condition imposed by a majority vote of the Board of Directors including the safety standards established by the Board. ice ol wet Sh eS Intergovernmental Cooperation Contract Page 2 of 5 RMA 7/2018 ===== PDF PAGE 98 ===== [Extraction: OCR (rendered-page OCR)] (f) The Board may, by a majority vote, terminate and exclude the offending Member from any and all benefits of membership in the Association which shall include forfeiture of any and all monies theretofore paid by that Member or assessed against that Member. (g) If a municipality withdraws or is expelled as a Member of the Association, any contributions of that Member remaining in the funds of the Association at that time shall be the property of the Association. If this Contract is finally terminated as to all parties which are then Members, any money or assets in possession of the Association after the payment of all liabilities, costs, expenses and charges incurred pursuant to this Contract shall be returned to those parties in proportion to their contributions thereto determined as of the date of termination. ARTICLE 6. PLAN OF COVERAGE AND COST Each Member hereby agrees to contribute to the Association a sum of money to be determined by the Association at the time of application based on the needs of the Association and the loss experience of the member, which sum shall constitute the cost of the Member’s first-year contribution for membership in the Association. Membership contributions for second and subsequent years shall be calculated in accordance with the loss experience of the Member, and the needs of the Association including total losses and expenditures of the Self-Insured Retention Fund of the Association. The Board shall determine if any Member has a risk or risks which the Board determines to be unusual or extraordinary. If it is determined that such a risk or risks exists and that the coverage of such risk will be unusual or extraordinary, the Board may at the option of the Member either increase the annual contribution of that Member or exclude the particular risk from coverage. Each Member will be covered in its operations against risk of loss as described in this Contract and the coverage terms which accompany the Contract. Coverage will consist of: 1) a self-insured retention (S.I.R.), established by the Association from Member contributions, which will pay the amounts and be subject to the deductibles as set forth in the coverage terms; and 2) excess insurance or reinsurance coverage (to pay losses that exceed the S.I.R. limits set forth in the coverage terms) with limits as established by the Board of Directors. Each year the Board shall determine the payments to be made by the members for the following year. ARTICLE 7. LIMITATIONS ON LIABILITY COVERAGE It is the intention of all participants in the Association that neither this Contract nor any coverage purchased by the Association shall extend to or provide coverage for any liability from which any Member is immune under the provisions of the Illinois Local Government and Governmental Employees Tort Immunity Act, as it is now constituted or may hereafter be amended. ARTICLE 8. MANAGEMENT SERVICES The Association will utilize the services, facilities and personnel of the Illinois Municipal League for Association purposes so long as it is practical and desirable in the opinion of the Board. It will reimburse the League for the actual cost of any such services, use of facilities or use of personnel. In addition to paying the cost of services, facilities and personnel utilized from the League offices the Association will pay to the League an annual management fee as approved by the Board. sod Dead iS tae ee Gi Intergovernmental Cooperation Contract Page 3 of 5 RMA 7/2018 ===== PDF PAGE 99 ===== [Extraction: OCR (rendered-page OCR)] ARTICLE 9. PROHIBITION AGAINST ASSIGNMENT No Member may assign any right, claim or interest it may have under this Contract, and no creditor, assignee or third party beneficiary of any member shall have any right, claim or title to any part, share, interest, funds, premium or asset of the Association. ARTICLE 10. ENFORCEMENT The Association and the parties hereto shall have the power to enforce this Contract by action brought in any court of law having proper jurisdiction. It is agreed that such a suit may be filed only in Sangamon County, Illinois. ARTICLE 11. INVALIDITY Should any portion, term, condition or provision of this Contract be determined by a court of competent jurisdiction to be invalid under any law of the State of Illinois or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. ARTICLE 12. BY-LAWS INCORPORATED BY REFERENCE The Association and its Members shall be subject to and governed by the By-Laws which are by this reference, made a part of this Contract. ARTICLE 13. CONTRACT COMPLETE The foregoing constitutes the full and complete Contract of the member municipalities. There are no oral understandings or agreements not set forth in writing herein. The Contract is binding on each Member of the Association. ARTICLE 14. DATE CONTRACT EFFECTIVE This Contract shall become effective upon the occurrence of the following events: (1) each Member executing a copy of the Contract; (2) each Member depositing with the Association the contributions required by this Contract; and (3) determination being made by the Board that a sufficient number of Members have subscribed and contributions been made to fund the cost of providing the services and benefits required under the Contract. Each Member which has agreed in writing to become a party of this Contract shall be bound to continue as a Member for the minimum period set forth in this Contract and thereafter may withdraw only as provided by this Contract and the By-Laws adopted by the Association. Each municipality which is a Member of this Association agrees upon the execution of the Contract to appropriate each year, by ordinance, a sum of money sufficient to pay all charges and assessments set forth in Article 6 plus its pro rata share of any deficits which may occur in the Self- Insured Retention Fund. ie ae eS Intergovernmental Cooperation Contract Page 4 of 5 RMA 7/2018 ===== PDF PAGE 100 ===== [Extraction: OCR (rendered-page OCR)] ARTICLE 15. TERM OF AGREEMENT This Contract shall continue in effect until it is rescinded by mutual consent of the parties hereto terminated in the manner provided herein or in the By-Laws. ARTICLE 16. TERMINATION This Contract may be terminated at any time on or after one (1) year from its effective date by a vote of two-thirds of the members of the Board of Directors. Remaining assets after the payments of all claims, and expenses and establishment of necessary reserves shall be distributed pro rata among the Members. ARTICLE 17. AMENDMENT This Contract may be amended upon the affirmative vote of two-thirds of the members of the Board. A copy of any amendment so approved shall be mailed to each member of the Association. IN WITNESS WHEREOF, the parties hereto have entered into this Contract by the execution of a signature page which will be attached to the official master copy of this Contract and by the execution of a duplicate copy of the Contract which duplicate copy will be retained by the Member. The master copy shall be retained in the offices of the Association. Executed by the of (City/Village/Town) (Municipality Name) pursuant to ean . Adopted and approved the day of MAYOR or PRESIDENT Attest: CLERK ee eee ae Intergovernmental Cooperation Contract Page 5 of 5 RMA 7/2018 ===== PDF PAGE 101 ===== [Extraction: OCR (rendered-page OCR)] Illinois Municipal League Risk Management Association Bylaws 6/01/16 ===== PDF PAGE 102 ===== [Extraction: OCR (rendered-page OCR)] Article |-— Name and Purpose Section 1.1. The Illinois Municipal League Risk Management Association (“RMA”) is established pursuant to the “Illinois Municipal League Risk Management Association Intergovernmental Cooperation Contract” (“Contract”). Section 1.2. The purpose of the RMA is to provide a cooperative self-insurance and risk management program and system for Illinois municipalities that will reduce costs of coverage through effective loss control practices and combined purchasing power; reduce costs of claims administration services through central management, volume and combined purchasing power; achieve greater stability through size of combined membership, longer duration of agreements and effective loss control practices; reduce the amount and frequency of losses of members of RMA; improve control of sources of risk through the application of risk management and loss control techniques; and improve recovery from responsible third parties. Section 1.3. The RMA promotes and embraces diversity and inclusion. For ease of writing and simplification of terms in these Bylaws, “he” shall be construed to be gender neutral and represent both males and females. Article {! - Membership Section 2.1. Each municipality which is party to the Contract is a member of the RMA (“Member”). Any other municipality may become a Member by executing the Contract, paying its required premiums and assessments, meeting established safety and risk management standards, and being a member in good standing of the Illinois Municipal League (“IML”). Section 2.2. Each Member shall: a) Provide necessary data to assist in obtaining necessary coverage. b) Establish and maintain a safety program and risk management program approved by the RMA. 1 ===== PDF PAGE 103 ===== [Extraction: OCR (rendered-page OCR)] c) Pay when due all assessments levied by the RMA Board of Directors. Article 111 - Board of Directors Section 3.1. Composition. The governing body of the RMA shall be the Board of Directors (“Board”). The Board shall be composed of 7 voting members, who are officers of municipalities that are Members and who do not serve on the IML Board of Directors. These Board members shall be appointed by a majority vote of the IML Board of Directors to a one-year term. In addition, the IML Executive Director shall be an ex officio non-voting member of the Board and all committees. Section 3.2. Duties and authority. The Board shall have general supervision of the affairs of the RMA and shall have the authority to expel existing Members upon a majority vote of the members of the Board. Section 3.3. Board Meetings. The regular meetings of the Board shall be held coincidental to meetings of the IML Board of Directors or as otherwise provided by the Board. Meetings of the Board may be called by the Chairman, or the Managing Director upon written petition submitted by three members of the Board, and may be conducted in person or by telephonic or video means. Meetings of the Board shall be conducted pursuant to the most current edition of Robert’s Rules of Order. A quorum for the transaction of business by the Board shall consist of a majority of the members of the Board. Except as otherwise provided in the Contract or Bylaws, all decisions of the Board shall be made by a majority vote of those members present. Section 3.4. Conflicts of interest. Whenever a voting member of the Board has a personal or financial interest in any matter coming before the board, the Board member shall fully disclose the nature of the interest and refrain from discussing, lobbying and voting on the matter. Any transaction or issue involving a potential conflict if interest shall be approved only upon an affirmative vote by a majority of the disinterested members of the Board present. ===== PDF PAGE 104 ===== [Extraction: OCR (rendered-page OCR)] Article IV — Officers and their Duties Section 4.1. Election. A Chairman and Vice Chairman of the RMA Board shall be elected from among the Board’s membership following the annual appointment of the Board. Section 4.2. Duties of the Chairman. The Chairman shall preside at all meetings of the Board and perform such other duties as may be required of him by the Board. Section 4.3. Duties of the Vice Chairman. The Vice Chairman shall perform all duties as assigned to him by the Chairman and shall exercise the duties of the Chairman during the absence, inability, or refusal to act of the Chairman. Section 4.4. Duties of the Managing Director. A Managing Director shall be appointed by the Board and shall manage the day-to-day affairs of the RMA under the general direction of the Board. He shall hire the employees of the RMA and shall be responsible for the proper and efficient administration of the RMA office. He shall prepare an annual budget, covering estimates receipts and disbursements of the RMA, and this budget shall be presented to the Board for its approval. He shall receive and disburse all RMA revenue, keeping an accurate account of all money belonging to RMA and shall annually submit to the Board a report of receipts and disbursements during the preceding fiscal year. This report shall be audited by a competent certified public accountant satisfactory to the Board. In general, he shall perform the duties usually incident to the Chief Executive Officer, as well as the office of secretary and treasurer. He shall furnish a satisfactory surety bond in an amount to be fixed by the Board, and the premium of this bond shall be paid out of the funds of the RMA. The Managing Director shall keep minutes of the Annual Business Meeting and all RMA Board meetings, issue notices of all meetings, and be responsible for all records of the RMA. He shall provide oversight and receipt of and collect all assessments, and recommend the expulsion of a member to the Board when necessary or appropriate. ===== PDF PAGE 105 ===== [Extraction: OCR (rendered-page OCR)] Article V — Annual Business Meeting Section 5.1. An Annual Business Meeting shall be conducted on a date to be selected by the Board. Each Member shall have one (1) vote at the Annual Business Meeting upon which a vote it required, which must be cast in person by the Mayor, Village President or Town President, or by another official of that municipality designated by the Mayor, Village President or Town President. Such voting representatives shall register with the RMA prior to any Annual Business Meeting or special meeting. Special meetings of Members may be held as may be authorized by the Board upon thirty (30) days’ notification to Members. Article Vi — Services Section 6.1. Providing Risk Management Services. The Board shall provide for risk management services. Such services may be provided by RMA employees or an individual, a partnership, corporation or other suitable entity, which shall consult with and advise the Board regarding all aspects of risk management as set forth below. Section 6.2. Scope of RMA Services. Services to be provided by RMA shall include, but not be limited to: a) Investigating, reporting on, settling and defending claims against Members. b) Monitoring the status of RMA programs and operations, Member losses and administrative and operational costs. c) Providing appropriate risk management counseling and information to Members. d) Preparing periodic reports to each Member detailing loss experience, desirable corrective actions and other information pertinent to risk management programs of the RMA. e) Advising Members on legislative developments affecting potential liability. ===== PDF PAGE 106 ===== [Extraction: OCR (rendered-page OCR)] f) Advising Members of the impact of proposed new or changed risk management programs. g) Assisting the Board in selecting coverage and the processing of claims. h) Selecting claims defense attorneys. i) Conducting risk management reviews as needed. j) Developing effective risk management and loss control procedures and advising Members on how to implement them. k) Establishing and monitoring effective safety programs. Section 6.3. Payment for Risk Management Services. The fees for risk management services shall be paid in such manner as may be fixed and determined from time to time by the Board, as recommended by the Managing Director. Article Vil — Administration Section 7.1. Fee. The RMA shall pay a fee to the IML, at a rate satisfactory to IML, for the use of the IML name. Section 7.2. Premiums and Assessments. Each Member shall be charged premiums and assessments in accordance with the terms of the Contract. Section 7.3. Payment of Claims. All claims against Members, shall, if approved by the Board, be paid as follows: a) Subject to applicable deductibles, all approved claims not exceeding the self-insured retention shall be paid by RMA from the self-insured retention funds. b) Claims in excess of the self-insured retention shall be paid from the proceeds of the excess insurance or reinsurance coverage in effect for RMA. c) Any claim exceeding the limits of the coverage referred to in paragraph b) of this Section shall be paid by the Member against which the claim was made. ===== PDF PAGE 107 ===== [Extraction: OCR (rendered-page OCR)] Section 7.4. Audit. A copy of the required annual audit shall be made available to the chief executive officer of each Member. Section 7.5. Notices. a) Notice to RMA shall be given by delivery of such notice to the Managing Director in person, by U.S. Mail, or electronically at the office of the RMA. b) Notice to Members shall be given by delivery of such notice to the main business office of each Member in person, by U.S. Mail, or electronically. c) The principal office of the RMA is located at 500 East Capitol Avenue, Springfield, Illinois 62701. The main business office of each Member shall be the official business address of the Member. Article Vill - Effective Date and Amendments Section 8.1. The Bylaws shall be effective upon approval by the Board. These Bylaws may be amended at any time by a majority of the total number of voting members of the Board. ===== PDF PAGE 108 ===== [Extraction: OCR (rendered-page OCR)] Trem HTM. ORDINANCE NO. 22-0-0041 AN ORDINANCE APPROVING MEMBERSHIP IN THE ILLINOIS MUNICIPAL LEAGUE RISK MANAGEMENT ASSOCIATION AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATION CONTRACT WHEREAS, the City of West Chicago (hereinafter referred to as the “City’) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970, provides that municipalities of more than twenty-five thousand (25,000) in population are home rule units and, subject to the specific limitations of Illinois law, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City has a population in excess of twenty-five thousand (25,000) and is a legally recognized Illinois home rule municipality; and WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., to adopt ordinances and pass resolutions pertaining to the public health, safety, welfare and government functions; and WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the corporate authority for the City and is authorized by law to exercise all powers provided for thereby and to control the affairs of the City; and WHEREAS, the City Council possesses full power and authority to approve and pass all necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the objects for which the City was formed, in accordance with the Illinois Municipal Code; and WHEREAS, the City Council has received a Plan of the Illinois Municipal League Risk Management Association, including By-Laws, the Intergovernmental Cooperation Contract and the anticipated cost of the participation in the Plan; and WHEREAS, the City Council finds it to be in the public interest of the City to participate in the Plan. Ordinance No. 22-0-0041 Page 1 of 3 ===== PDF PAGE 109 ===== [Extraction: OCR (rendered-page OCR)] NOW, THEREFORE, BE IT ORDAINED by the City Council of West Chicago as follows: Ordinance No. 22-O-0041 Page 2 of 3 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. That the foregoing recitals be and are hereby incorporated herein as if fully set forth. That the City Council does hereby authorize and approve Membership in the Illinois Municipal League Risk Management Association and authorize the Mayor to execute an Intergovernmental Cooperation Contract with the Illinois Municipal League Risk Management Association for Membership on an Annual Basis and each year thereafter unless this Ordinance is repealed in accordance with Illinois law. As a Member, the City hereby agrees to contribute to the Association a sum of money to be determined by the Association at the time of its Annual Renewal, based on the needs of the Association and the loss experience of the Member, which sum shall constitute the cost of the Member’s Contribution for Membership in the Association. All ordinances, or parts of ordinances, in conflict with the provisions of this Ordinance are hereby repealed insofar as they conflict herewith. Any provision of this Ordinance deemed invalid shall not invalidate the remaining provisions here of and shall remain in full force and effect. That this Ordinance shall be in full force and effect, immediately upon its passage and approval, as provided for by law. ===== PDF PAGE 110 ===== [Extraction: OCR (rendered-page OCR)] PASSED this 19" day of December 2022. Alderman J. Beifuss Alderman J. Sheahan Alderman A. Hallett Alderman M. Birch-Ferguson Alderman C. Swiatek Alderman R. Stout Alderman J. Morano LETT APPROVED as to form: Alderman L. Chassee Alderman H. Brown Alderman C. Dettmann Alderman S. Dimas Alderman M. Garling Alderman J. Short Alderman J. Jakabcsin Patrick K. Bond, City Attorney APPROVED this 19" day of December 2022. Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Assistant PUBLISHED: Ordinance No. 22-0-0041 Page 3 of 3