HomeMy WebLinkAbout02-173Resolution No. 02 -173
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute an agreement on behalf of the City of Elgin with the
Policemen's Benevolent and Protective Association, Unit #54 for
wages, hours and other terms and conditions of employment for the
period January 1, 2000 through December 31, 2003, a copy of which
is attached hereto and made a part hereof by reference.
sl Ed Schock
Ed Schock, Mayor
Presented: May 8, 2002
Adopted: May 8, 2002
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
Between
CITY OF ELGIN
And
POLICEMEN'S BENEVOLENT AND
PROTECTIVE ASSOCIATION, UNIT #54
January 1, 2000
To
December 31, 2003
TABLE OF CONTENTS
Page
Item1. Recognition ................................................................................. ..............................1
Item 2. Management Responsibilities .............................. ..................................................... I
Item 3. Non - Interruption of Work .......................................................... ..............................1
Item4. Wages .........................................................................................
..............................7
..............................1
Sectiona.
Salary Range ..............................................................
..............................2
Sectionb.
Retroactivity ...............................................................
..............................2
Sectionc.
Pension Pickup ...........................................................
..............................3
Item 5. Hours of Work and Overtime ..................................................... ..............................3
..............................7
Section a.
Application of This Article ........................................ ..............................3
Section b. Christmas and New Year's Eve .................................
Section b.
Normal Work Period .................................................. ..............................3
..............................7
Sectionc.
Overtime Pay .............................................................. ..............................3
Sectiond.
Court Time ................................................................. ..............................4
Sectione.
Court Standby .............................................................. ..............................4
Sectionf.
Callout ........................................................................ ..............................4
Sectiong.
Details ........................................................................ ..............................4
Sectionh.
Hirebacks ................................................................... ..............................5
Sectioni.
Off Duty Cal ls ............. . ..............................................................................
5
Section j.
Selection/Assignment to Permanent Shifts ................. ..............................5
Sectionk.
Biweekly Pay ............................................................. ..............................5
Section 1.
Compensatory Time .................................................... ..............................6
Sectionm.
Split Shifts ................................................................. ..............................6
Sectionn.
No Pyramiding .......................................................... ..............................6
Item6. Life Insurance ............................................................................. ..............................6
Item7. Hol idays ......................................................................................
..............................7
Sectiona. Observance .................................................................
..............................7
Section b. Christmas and New Year's Eve .................................
..............................7
Section c. Renumeration .............................................................
..............................7
Section d. Eligibility Requirements ............................................
..............................8
Item8. Uniform Allowance .................................................................... ..............................8
Item9. Vacations .................................................................................... ..............................9
Sectiona. Accrual ....................................................................... ..............................9
Sectionb. Vacation Pay .............................................................. ..............................9
Sectionc. Scheduling .................................................................. ..............................9
Item10. Sick Leave .................................................................................
.............................10
Sectiona.
Accrual ........................................................................
.............................10
Sectionb.
Conversion ..................................................................
.............................10
Sectionc.
Disability ....................................................................
..............................1 l
Section d.
Injury or Surgery ........................................................
..............................1 l
Section e.
Sick Leave Bonus .......................................................
..............................1 l
Section f.
Workers Compensation Benefits ......:.........................
..............................1 l
Item11. Separation Pay .......................................................................... ..............................I 1
Item12. Death of an Employee ............................................................... .............................12
Item 13. Medical and Health Plans .......................................................... .............................12
Section a.
Medical Insurance ....................................................... .............................12
Section b.
Health Maintenance Organization .............................. .............................12
Section c.
Retiree Participation .................................................... .............................12
Section d.
Medical Insurance Plan Variations ............................. .............................12
Section e.
Medical Examinations ................................................. .............................13
Section f.
City's Program for Continuation of Health Insurance . .............................13
Item 14. Grievance Procedure .................................................................. .............................13
Section a.
Definition of a Grievance ............................................ .............................13
Section b.
Grievance Procedure ................................................... .............................13
Sectionc.
Time Limits ................................................................. .............................15
Section d.
Investigation and Discussion of Grievances ............... .............................15
Section e.
Union Release Time .................................................... .............................15
Item15. Entire Agreement ....................................................................... .............................15
Item16. Savings ....................................................................................... .............................16
Item 17. Board of Fire and Police Commissioners .................................. .............................16
Item 18. Dues Checkoff and Fair Share ................................................... .............................16
Item19. Subcontracting ........................................................................... .............................18
Item 20. Use of Part-Time Police Officers, Auxiliary Police Officers,
Community Service Officers or Other City Employees ............... .............................18
Item21. Light Duty Pool ......................................................................... .............................18
Item22. Safety Committee ...................................................................... .............................19
Item 23. Police Officers' Bill of Rights.
Item 24. Random Drug/Alcohol Testing .........
Item 25. Impasse Resolution...
............... .............................19
............... .............................19
........................... .............................20
Item26. Fitness ........................................................................................ .............................20
Sectiona. Fitness for Duty ........................................................... .............................20
Item27. Employee Discipline .................................................................. .............................20
Section a. Standards of Discipline ............................................... .............................20
Section b. Departmental Discipline ............................................. .............................20
Section c. Expungement of Records ............................................ .............................21
Item 28. Residency ...................
............... .............................21
Item29. Association Rights ..................................................................... .............................21
Section a. Association Bulletin Boards ......................................... .............................21
Sectionb. Stewards ...................................................................... .............................21
Item30. Term ........................................................................................... .............................22
Appendix A — Dues Checkoff
Appendix B — Alternative Impasse Resolution Procedure
Appendix C — Residency Map
Appendix D — Uniform Requirements
I
AGREEMENT
This Agreement is made by and between the City of Elgin (herein
called "City ") and the Policemen's Benevolent and Protection
Association, Unit #54 (herein called "Association ") for and on behalf
of all full -time Police officers employed by the City, and sets forth
the wages, hours and other terms and conditions of employment for the
period January 1, 2000 through December 31, 2003. Each employee
represented by the Association will receive a copy of this Agreement.
Item 1. Recognition
The City recognizes the Association as the sole and exclusive
bargaining representative for all full -time employees holding the
official rank of Police Officer and for the purpose of negotiating
wages, hours and other terms and conditions of employment.
Item 2. Management Responsibilities
The City shall retain the sole right and authority to operate and
direct the affairs of the City and the Police Department in all of its
various aspects, including, but not limited to, all rights and
authority exercised by the City prior to the execution of this
Agreement, except as modified in this Agreement. Among the rights
retained is the City's right to determine its mission and set standards
of service offered to the public; to direct the working forces; to
assign overtime; to plan, direct, control and determine the operations
or services to be conducted in or at the Police Department or by
employees of the City; to assign and transfer employees within the
Police Department; to hire, promote, demote, suspend, discipline, or
discharge for just cause, or relieve employees due to lack of work or
for other legitimate reasons; to make and enforce rules and
regulations; to change methods, equipment, or facilities; provided,
however, that the exercise of any of the above rights shall not
conflict with any of the specific provisions of this Agreement. Any
matters within the jurisdiction of the Elgin Board of Fire and Police
commissioners shall not be affected by the terms of this paragraph.
Item 3. Non - Interruption of Work
The Association, its officers- and agents, and the employees
covered by this Agreement, agree not to instigate, promote, sponsor,
engage in, or condone any concerted interruption of work, including any
strike, stoppage of work, slowdown, sympathy strike, or any other
concerted action which results in interruption of operations. Any or
all employees who violate any of the provisions of this Article may be
discharged or otherwise disciplined by the City in accordance with the
procedures of the Elgin Board of Fire and Police Commissioners. The
City will not lock out any employees during the term of this Agreement
as a result of a labor dispute with the Association; however, this
provision shall not apply to a reduction in the work force or layoffs.
Item 4. Wages .
Section a. Salary Range. The beginning Police Patrol office
shall start at step one of the salary range set forth below. Upon
attainment of satisfactory performance evaluation after six (6) months
2
of employment, he /she. shall advance to step two (2) of the Police
Patrol Officers' salary range and shall, following attainment of
satisfactory performance evaluation, advance to further steps in said
salary range at twelve (12) month intervals thereafter until reaching
the range maximum.
Any Police Patrol Officer receiving an unsatisfactory performance
evaluation required for the above advancements shall be reviewed again
within ninety (90) days of the unsatisfactory evaluation. Step
increases covered in this provision may not be withheld for a period
longer than ninety (90) days from the date of the officer's original
unsatisfactory evaluation. If an officer believes that he /she has been
unreasonably denied a step advancement based on an unsatisfactory
evaluation, he /she may -file a grievance in accordance with the
provisions of Item 14 of this Agreement.
Effective January 1, 2000, the base range of employees covered by
this Agreement shall be:
I II III IV V VI
3,281 3,486 3,836 4,099 4,270 4,513
39,372 41,832 46,032 49,188 51,240 54,156
Effective January 1, 2001, the base range of employees covered by
this Agreement shall be:
I II III IV V VI
3,396 3,608 3,970 4,242 4,419 4,671
40,752 43,296 47,640 50,904 53,028 56,052
Effective January 1, 2002, the base range of employees covered by
this Agreement shall be:
I II III
3,515 3,734 4,109
42,180 44,808 49,308
Reopener.
IV V VI
4,390 4,574 4,834
52,680 54,888 58,008
The parties agree to meet prior to December 31, 2002 for the
purpose of discussing a wage settlement which would be effective on
January 1, 2003. Such discussions shall be solely restricted to wages
as they specifically apply to Item 4 of this Agreement.
The foregoing salary increases are in addition to all in -range
step increases to which employees may be eligible for on their
anniversary dates during the term of this Agreement.
Any Police Officer designated at the discretion of the Police
Chief as a Senior Police officer shall be paid no less than an
additional four percent (4 %) above his /her step on the monthly salary
schedule for the period of time so designated. Any such discretional
designation shall be made from each shift after shift selections are
completed each year and a shift roster established. Designation shall
be based on two criteria: interest and rating of average or above in
the most recent evaluation.
K3
Any Police Officer designated at the discretion of the Police
Chief as a Police Administrative Officer shall be paid an additional
two percent (2 %) above his /her step on the monthly salary schedule for
the period of time so designated.
Section b. Retroactivity. Employees who are still on the active
payroll the beginning of the next payroll period immediately following
ratification of this Agreement by both parties and those employees who
have retired under the Downstate Police Pension Plan since the
inception of the City's 2000 fiscal year shall receive retroactive
payment. Such payment shall be made at a rate reflective of the
difference between the pay ranges existing immediately prior to the
ratification of this Agreement and the new salary ranges reflected in
section (a) above. Payment shall reflect these differences on an hour
for hour basis for all hours worked since January 1, 2000.
Section c. Pension Pickup. The City shall "pick -up" the police
officer's pension contributions out of the police officer's salary as
authorized by 40 ILCS Section 5/3 -125.2 of the Illinois Pension Code.
Item 5. Hours of Work and Overtime
Section a. Application of This Article. This article is
intended to define the normal hours of work and provide the basis for
the calculation and payment of overtime and shall not be construed as
guarantee of hours of work per day or per week, or guarantee of days of
work per week.
Section b. Normal Work Period. The normal work period of
employees assigned to work on a twenty -four (24) hour shift operation
(herein called "shift employees "), shall not exceed fourteen (14) days.
The normal work hours shall be based on an average forty -one and one -
quarter (41 -1/4) hour work week consisting daily of an average eight
(8) hour shift assignment and an average one - quarter (1/4) hour
training period. The normal work period of all other employees (herein
called "non -shift employees ") shall not exceed fourteen (14) days with
normal work hours based on an average forty (40) hour work week.
Except where .approved by the Chief of Police or his designee, no
employee shall work more than eighteen (18) hours in any 24 -hour
period. This provision shall not apply to court time, training time or
other off -duty employment.
Section c. Overtime Pay. Employees covered by this Agreement
shall be paid one and one -half times their straight -time hourly rate of
pay based on a forty -one and one - quarter (41 -1/4) hour average work
week.
For purposes of overtime pay calculations only, the regularly
scheduled workday for shift employees shall terminate eight and one -
quarter (8 -1/4) hours after the employee is scheduled and required to
report for duty. The regularly scheduled workday for non -shift
employees shall terminate after eight (8) hours of scheduled duty time
has elapsed.
Overtime pay shall be paid based on fifteen (15) minute overtime
work increments and shall be rounded to the nearest fifteen (15) minute
increment.
El
Section d. Court Overtime. An employee attending court while
off -duty shall receive a minimum of two (2) hours compensation, or
his /her actual time, whichever is greater, at one and one -half (1 -1/2)
times the employee's straight -time hourly rate of pay. However, an
employee attending a court call that is contiguous with his /her
regularly scheduled duty time shall be paid one and one -half (1 -1/2)
times his /her straight -time hourly rate of pay for actual time worked
in the court call. For court calls immediately preceding the regularly
scheduled duty day, actual time worked shall mean that time between the
time the employee's presence in court is required and the beginning of
the regularly scheduled duty day. For court calls immediately
following the regularly scheduled duty day, actual time worked shall
mean that time between the time the regularly scheduled duty day ends
and the time the employee's presence in court is no longer required.
No officer shall be denied a requested day off solely for the purpose
of avoiding the payment of said court overtime, provided that no
officer shall request court days off solely for the purpose of gaining
court overtime.
Section e. Court Standby. Employees covered by this Agreement
shall receive $50.00 per day when they are on court standby or their
actual pay for time required to be in court, whichever is greater.
Section f. Callout. An employee called back to work (excluding
court calls in other than a court standby situation) while off duty
after having completed his /her assigned work shall receive a minimum of
two (2) hours compensation, or his /her actual time, whichever is
greater, at one and one -half (1 -1/2) times the employee's straight -time
hourly rate of pay. This section shall not apply to holdovers.
The foregoing minimum of two (2) hours compensation for a callout
shall not be applicable where there is reason to call an employee back
to correct an error or mission which needs to be done before the
employee's next scheduled shift. If the Association believes that the
City is arbitrarily and unreasonably using this provision without
sufficient justification, the Association may grieve the matter. If an
arbitrator upholds the Association's grievance, the provisions of this
paragraph shall not be implemented for the balance of the term of this
Agreement.
Section g. Details. A detail list shall be established for all
sworn members of the Police Department who wish to participate on
details. overtime details shall be available as much as possible to
everyone on the detail list. Details shall be assigned on a rotating
basis and where a specific officer is requested by a customer for a
detail, such request shall be reviewed by the Chief or his designee to
ensure that some degree of equity is maintained in the assignment of
details.
Officers trading details will supply a detail form signed by the
officer originally assigned to the detail and the officer who has
agreed to work the detail. The form will then be submitted to the
detail supervisor. officers who accept the details will be responsible
for working the detail.
5
If' an officer signs up for detail work and does not report for
said details on at least two consecutive occasions, his name will be
removed from the detail list for a period of time not to exceed six (6)
months.
Section h. Hirebacks. when hirebacks are necessary, manpower
shall be hired back, to the extent possible, on a rotating basis by
seniority from a list of volunteers. If there are no volunteers from
the shift in which the shortage exists, management has the right to
utilize manpower from other shifts or divisions according to
availability.
Section i. Off Duty Calls. If an officer is required to make an
off duty telephone call, the officer shall receive one -half -hour pay at
time and one -half. Overtime details covered in Section 5(g) above will
not be subject to the provisions of this Section.
Section j. Selection /Assignment to Permanent Shifts. For
employees with five (5) years of seniority or more as of December 1 of
the year in which assignments are being made for police patrol
positions for the following year on each of the four shifts (i.e.,
first, second, third, and power), such assignments shall be done by
seniority. Prior to the making of the remaining police patrol shift
assignments for the following year, employees with less than five (5)
years of seniority as of December 1 may submit a written request to the
Police Chief or his /her designee setting forth their preference for a
given shift, together with the reasons for making the request. while
any such requests shall be considered (including the relative seniority
of the officers making such requests) by the Police Chief or his /her
designee, the final right to make the remaining shift assignments shall
be retained by the Police Chief in order to insure that the overall
needs of the Police Department are met. Such assignments shall not be
made for arbitrary, capricious or discriminatory reasons.
Notwithstanding the foregoing, the Police Chief shall have the
right to transfer officers after they have selected, or have been
permanently assigned to, a shift under this Section in order to meet
the bona fide operational needs of the Department (e.g., loss of an
employee filling a specialty position, retirement, injury or other
long -term leave, changes necessitated due to personnel problems
adversely affecting operations, etc.). Officers shall be given as much
notice as practicable of such transfers. Such transfers shall not be
made for arbitrary, capricious or discriminatory reasons. It is
understood that where an officer is transferred to another shift due to
departmental need, the department shall make necessary effort to effect
reassignment of such officer back to his former shift as soon as
operationally possible.
It is further agreed that, as
granted as requested and employees
after scheduled vacations off.
justifying a deviation, duty trades
much as possible, days off shall be
shall be allowed weekends before and
Absent emergency circumstances
shall be limited to six (6).
Section k. Biweekly Pay. The City shall continue its current
practice relating to paying employees biweekly (i.e., once every two
weeks) ; provided that if the City determines that changes are
3
necessary, any such changes shall be reviewed with the Association
prior to implementation.
Section 1. Compensatory Time. In lieu of overtime pay, an
employee may accrue up to forty -eight (48) hours of compensatory time.
The option of accruing compensatory time or being paid overtime pay
shall be within the sole discretion of the employee. For each hour of
overtime for which the employee would have been paid time and one -half,
the employee shall be granted one and one -half (1 -1/2) hours of
compensatory time.
Not more than twenty -four (24) hours of compensatory time may be
carried over into a new fiscal year. Any employee who has accrued more
than twenty -four (24) hours of compensatory time at the end of the
fiscal year as a result of not being able to use said compensatory time
through no fault of the employee shall be paid at the applicable hourly
rate on the last payroll period in the fiscal year for all hours in
excess of twenty -four (24).
Employees desiring to schedule compensatory time shall provide
advance notice of at least seventy -two (72) hours, provided that the
Police Chief or his designee can waive this advance notice requirement
on a case -by -case basis. The scheduling of compensatory time shall be
within the discretion of the Police Chief or his designee; provided,
however, such requests to schedule compensatory time shall not be
denied or withheld arbitrarily. Both parties agree that a request to
schedule compensatory time will not be granted if it would require the
hireback /holdover of another employee.
Section m. Split Shifts. In the absence of a legitimate
operation need, employees shall not be involuntarily assigned to a
split shift. It shall not be considered a legitimate operational need
to assign an employee to a split solely to avoid paying an employee
overtime pay or compensatory time.
Section n. No Pyramiding. Compensation shall not be paid more
than once for the same hours under any provision of this Item or
Agreement.
Item 6. Life Insurance
Effective the beginning of the first month immediately following
the ratification of this Agreement by both parties, the city shall
provide each employee covered by this Agreement who has been employee
full -time for thirty (30) days or more with a paid $35,000 group term
life insurance policy (including accidental death and dismemberment).
It is agreed that the City's obligation under this Item is
limited solely to the payment of the cost of the insurance program
provided thereunder and employees and their beneficiaries shall be
entitled to benefits only in accordance with and governed by the terms
and conditions of the insurance policies issued to provide such
benefits. Neither the City, nor the Association, shall themselves be
obligated to pay any insurance benefit provided under this Item
directly to employees or their dependents or beneficiaries.
The City retains the right to .change insurance carriers or
otherwise provide for coverage (e.g., self - insurance) as long as the
level of benefits remains substantially the same.
Item 7. Holidays
The employees covered by this Agreement shall have the following
twelve (12) days considered as holidays: New Year's Day; Martin Luther
King's birthday (effective 2001); President's Day (third Monday in
February); Easter Sunday; Memorial Day; Independence Day; Labor Day;
Columbus Day; Veteran's Day; Thanksgiving Day; the afternoon four (4)
hours on Christmas Eve; Christmas Day; and the afternoon four (4) hours
on New Year's Eve.
Section a. Observance. The standard observance of recognized
holidays will be on the day they occur. However for non -shift
employees working Monday through Friday, when a holiday falls on a
Sunday, the following Monday shall be observed as the holiday; or when
a holiday falls on a Saturday, the preceding Friday shall be observed
as the holiday, except as provided in section b. of this Item.
Section b. Christmas and New Year's Eve. In order to implement
the one -half (1/2) day holiday on Christmas Eve (December. 24) and New
Year's Eve (December 31), non -shift employees shall be entitled to the
following holiday provision depending on the day of the week on which
Christmas Eve and New Year's Eve falls:
Day of Which Eves Fall
Monday
Tuesday, Wednesday
and Thursday
Drnvicinn
the full day before Christmas
(December 24)
one -half (1/2) day on both
Christmas Eve and New Year's Eve
Friday, Saturday and Sunday one (1) floating holiday to be
taken between Thanksgiving Day and
December 31st.
Section c. Remuneration. All employees assigned to the Patrol,
Traffic or Major Investigative Divisions shall receive an additional
eight (8) hours holiday pay at their straight -time hourly rate whether
the holiday is worked or not. Further, employees in these divisions
who are scheduled and actually work on New Year's Day, Independence Day
or Christmas Day shall receive a further four (4) hours holiday pay,
thus receiving a total of an additional twelve (12) hours holiday pay
at their straight -time hourly rate.
1. All other employees who are scheduled to work on an
observed holiday shall receive an additional eight (8)
hours pay at their straight -time hourly rate.
2. All other employees who are not scheduled to work on an
observed holiday but who are called out to work on said
holiday shall be paid in accordance with the callout
provisions of Item 5, Section f.
M
Section d. Eligibility Requirements. In order to be eligible
for holiday pay, the employee must work his /her last full scheduled
working day immediately preceding and his /her first full scheduled
working day immediately following the day observed as a holiday, unless
the employee's absence from work is excused by- his /her supervisor and
is chargeable to authorized paid leave.
Item 8. Uniform Allowance
All new Police Officers will be provided at the City's expense
all uniform items authorized for wear, inclusive of weapon, radio,
leather gear, uniforms, and miscellaneous items, as set forth in the
attached Side Letter. During their probationary period, officers shall
be paid $10 on every paycheck as a cleaning allowance. Upon completion
of their probationary period, Officers shall be eligible for a
uniform /cleaning allowance as herein provided.
With the exception of the City's body armor, radio and holder,
and weapon and magazines, upon successful completion of the
probationary period all uniform and equipment items shall become the
property of the employee, including items provided prior to January 1,
2002 under the Quartermaster system.
Effective January 1, 2002, the pre- existing Quartermaster system
(including the cleaning of uniforms and clothing) shall be eliminated.
Commencing January 1, 2002, non - probationary Officers assigned to a
uniformed position will receive $750 each calendar year to purchase
authorized uniforms and equipment as set forth in the attached side
letter and to maintain and clean such uniforms and equipment. The
method of payment shall consist of two payments, one for $375 to be
issued with the paycheck for the first full payroll period in January,
and the other to be issued with the first paycheck in July_ Commencing
January 1, 2002, non - probationary officers assigned to a non - uniformed
position will receive $1,050 each calendar year to purchase authorized
civilian attire, uniform items and equipment. The method of payment
shall consist of two payments, one for $525 to be issued with the
paycheck for the first full payroll period in January, and the other
with the first paycheck in July.
The foregoing allowances shall be paid on a differential basis if
an Officer is assigned from a uniformed position to a non - uniformed
position for more than three (3) full months of the six month period.
Example: If a uniformed Officer's assignment is changed to a non -
uniformed position on March 15, such officer will be paid $150 on the
next paycheck.
The type, style, and /or color of uniforms shall be determined by
the Police Chief, but the Police Chief will consider any
recommendations made by the Union concerning same, provided that if,
due to a change in uniform type, style, or color implemented by the
Chief, Officers are required to wear a different uniform than those
previously issued, the Department shall provide each such Officer with
a new initial uniform issue of the changed items. The Police Chief or
his designee may establish reasonable rules and policies concerning the
use and wearing of uniforms.
W
If an employee is able to establish that an authorized uniform or
equipment item has been damaged, destroyed, or contaminated with blood -
borne pathogens in the line of duty through no fault of the employee,
the City will replace, repair and /or clean such damaged, destroyed or
contaminated item at its expense.
Item 9. Vacations
Employees covered by this Agreement who have been employed by the
City for a period of at least one year shall be entitled to a vacation
as follows:
Years of Continuous Service
First Wt) year to sixth (6th)
anniversary
Seventh (7th) year to thirteenth
(13th) anniversary
Fourteenth (14th) year to twenty -
first (21st) anniversary
Twenty- second (22 "a) year and over
Length of Vacation
Two (2) weeks - 80 hours
Three (3) weeks - 120 hours
Four (4) weeks - 160 hours
Five (5) weeks - 200 hours
The employee's anniversary date of continuous employment from the
last date of hire as a full -time employee shall be the basis of
calculation for length of service.
Section a. Accrual. Vacation hours are accrued each biweekly
pay period if the employee is paid for a minimum of sixty (60) hour
inclusive of holiday, vacation, sick leave, worker's compensation or
authorized leave "with pay ". An employee does not earn vacation hours
while he /she is absent "without leave "; on "leave without pay "; or is
using accrued vacation hours over a period of time upon retirement.
Section b. Vacation Pay. while on vacation, an eligible
employee shall continue to receive his /her regular pay.
Section c. Scheduling. For officers with assignments outside of
patrol, vacations shall be scheduled insofar as practicable at times
most desired by each employee in increments of up to two(2) weeks, with
the determination of preference being made on the basis of an
employee's length of continuous service. It is expressly understood
that the final right to designate the vacation period and the maximum
number of employees who may be on vacation at any one time is
exclusively reserved by the Chief of Police in order to insure the
orderly performance of the services provided by the City.
Patrol division officers shall choose vacation periods annually
during the beginning of each year, with each officer having the option
to choose two (2) vacation periods per round. That is, the most senior
officer would have first choice with the option to choose either one
(1) two -week period or two (2) separate one -week periods; after making
his choice(s) according to these options, the choosing turn is
presented to the second most senior officer on the shift, and so forth,
until all shift officers have had one turn. After all members of a
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particular watch have been afforded the opportunity to choose vacations
on the first round, a second round would commence, with the most senior
officer again having the options as above, followed by the second most
senior officer, and so forth. Additional rounds follow, if necessary.
No more than two (2) officers from a given watch may enjoy vacation
status at any given time.
Item 10. Sick Leave
Employees covered by this Agreement shall earn sick leave by
accumulating the equivalent of one (1) day for each full month of
continuous service or a total of 96 hours per year. Employees may
accumulate sick leave up to a total equivalent of 240 sick days. Sick
leave is an insurance -type benefit - it is not to be used as additional
days off - that should be used by the employee only when needed and an
employee may charge time for the following reasons:
- Personal illness or injury
Illness or death of a member of the immediate family,
necessitating the absence of the employee from his /her
work. (Members of the immediate family shall include wife,
husband, children, mother, father, sister, brother, mother -
in -law or father -in -law).
Funeral of a close friend or relative. Such leave shall be
limited to travel time and necessary attendance at the
funeral.
If an employee recovers sufficiently from an illness or injury to
return to duty, while on sick leave, the employee will contact the
employee's supervisor and return to duty as soon as possible. When
absences chargeable to sick leave are in excess of two (2) consecutive
days, or when repetitive absences 'occur, the Chief of Police may
require that such absences be supported by the presentation of a
written statement from a licensed practicing physician certifying the
officer's ability to return to work. This provision shall not apply to
disputes between an employee and the City where the employee is
claiming benefits under the Illinois Worker's Compensation Act.
Section a. Accrual. Sick hours are accrued each.payroll period
if the employee is paid a minimum of sixty (60) hours inclusive of
holidays; vacation; sick leave; worker's compensation; or authorized
leave "with pay ". An employee does not earn sick hours while he /she is
absent "without leave "; on "leave without pay "; or extending -out
accrued vacation hours upon retirement.
Section b. Conversion. In recognition of non -use of sick leave,
employees may convert accumulated sick leave for additional vacation
leave or for severance pay. Such conversion shall be at the rate of
three (3) days of sick leave for one (1) vacation day or one (1) day of
severance pay.
1. Vacation leave conversion requires an accumulation of sick
leave of over 60 accrued sick days which is the equivalent
of 480 hours of sick leave_ Such conversion is limited to
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a maximum of five (5) days of vacation leave in any one
year.
2. Retirement or severance pay is predicated on leaving the
City's employment in good standing and requires an
accumulation of sick leave of over 90 accrued sick days
which is the equivalent of 720 hours of sick leave. Such
conversion is limited to a maximum of 20 days of 160 hours
upon separation.
3. In the process of converting sick leave to additional
vacation or severance pay, the remaining balance of unused
sick leave may not total less than the required base
accumulations of 60 or 90 days.
Section c. Disability. Any employee who is ill or physically
unable to perform his /her duties and has used all his /her accumulated
sick leave and vacation leave shall be placed on a disability leave for
a period of six (6) months. While on such disability leave the
employee shall continue to be covered by the City on the
hospitalization and life insurance programs but shall not be eligible
for additional accrual of sick leave and vacation leave. Seniority
shall continue to accrue while on such leave.
Section d. Injury or Surgery. An employee on sick leave- who is
absent from work because of a severe injury or surgery; or an employee
on disability leave, must present, before returning to work, a written
statement by a physician certifying that he /she is capable of so
returning to work and resuming his /her full duties. This statement
must be brought to the Personnel Office before authorization is given
the employee to return to work.
Section e. Sick Leave Bonus. All employee on the active payroll
as of January 1, 2000, and the beginning of each subsequent payroll
year, shall have established a $240 sick leave occurrence bank. For
each use of sick leave during a payroll year, $40.00 shall be deducted
from the employee's individual sick leave bonus bank. Employees on the
payroll at the end of the payroll year shall receive a voucher payment
equal to the balance remaining in their individual sick leave bonus
bank.
Section f. Workers' Compensation Benefits. During the term of
this Agreement, the City shall not enact any ordinance, rule,
regulation or other law that bars or has the effect of barring the
rights of employees injured in the line of duty from continuing to
exercise their rights to file and have their claims heard and
determined according to the provisions of the Illinois Workers'
Compensation Act (820 ILCS 305/1, et seq.) . For employees injured in
the line of duty the Illinois Workers' Compensation Act and the Public
Employee Disability Act (5 ILCS 345/0.01, et seq.) shall govern the
City's handling of claims, including, but not limited to, claim
processing, and other proceedings before the Illinois Industrial
Commission.
Item 11. Separation Pa
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All regular employees separating from the City service in good
standing are eligible for payment of accrued vacation hours and
severance pay pursuant to Item 10, - Section b(2).
Item 12. Death of an Employee
Upon the death of an employee, the employee's spouse, legal heir,
or executor of his /her estate shall receive compensation for all unused
vacation leave, all eligible severance pay pursuant to Item 10, Section
b(2) above and the balance of the period's compensation of the period
in which the employee dies.
Item 13. Medical and Health Plans
Full -time employees who have been employed for at least thirty
(30) days will be eligible to elect one of the following health and
medical coverage options for themselves and their dependents. The City
reserves the right to change insurance carriers, self- insure or
implement cost containment features so long as the overall coverage
available to employees employed upon the effective date of this
Agreement is substantially the same.
Section a. Medical Insurance. The City will offer a group
medical insurance plan for the employee and his /her dependents. The
City will contribute to this program a cost equal to the full premium
and liability of the City's basic comprehensive major medical insurance
plan.
Section b. Health Maintenance Organization. The employee may as
an option elect to participate in any eligible Health Maintenance
Organization (HMO) certified with the City. The City will contribute
to the cost of a HMO plan a monthly amount equal to that provided for
the City's basic comprehensive major medical insurance plan. Any costs
for HMO participation over and above the City's contribution to the
cost of the basic comprehensive major medical insurance plan will be
paid by the employee.
Section c. Retiree Participation. An employee who retirees with
at least twenty (20) years of full -time active service with the City
can elect to continue in the group medical plan upon retirement. Said
participation shall be available only as continuous coverage and with
the retiree paying 100% of the applicable premium, payable in advance
on a monthly basis to the Human Resources Department or through
authorized deductions from the retiree's monthly pension payment. If a
retiree fails to make the applicable monthly payment by the beginning
of the month, coverage will be terminated. The right of a retiree to
continue coverage under the provisions of this Item shall terminate
when the retiree (1) returns to active service, (2) exercises any
pension refund option available or accepts any separation benefit, (3)
looses his /her rights to pension benefits or (4) dies.
Section d. Medical Insurance Plan Variations. The deductible
amounts will be $200 and $600 for employee and dependent coverage,
respectively, the co- payment will be 80/20 of the first $2,500, and
major medical coverage will be $1,000,000.
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Section e. Medical Examinations. The City will offer to police
officers a program of periodic medical examinations. Such voluntary
examinations will be conducted, at a minimum, on two and four year
cycles, depending on the officer's age and physical condition. The
cost of such examinations will be borne by the City. The Association
agrees that the voluntary medical examination program is not subject to
Item 14 of this Agreement.
Section f. City's Program For Continuation of Health Insurance.
Bargaining unit members who meet the eligibility requirements outlined
in the City Ordinance on the program for continuation of health
insurance (currently Ordinance No. G6 -97) shall be eligible for retiree
insurance premium subsidy pursuant to the said program.
Item 14. Grievance Procedure
Section a. Definition of a Grievance. A grievance for the
purpose of this Agreement is defined as a difference of opinion between
an employee covered by this Agreement and the City with respect to the
meaning and application of the express terms of this Agreement and
matters involving the discharge, suspension or discipline of non-
probationary employees. Such disciplinary grievances shall be
initiated at Step 4 of the grievance procedure. The contractual
grievance and arbitration procedure shall be the sole recourse for
appealing such disciplinary action and shall be in lieu of the
provisions of the Board of Fire and Police Commissioners Act and
disciplinary proceedings before the City of Elgin Board of Fire and
Police Commissioners.
Section b. Grievance Procedure. Recognizing that any grievances
should be raised and settled promptly, a grievance must be raised
within seven (7) calendar days of the occurrence of the grievance or
within seven (7) calendar days after the employee, through the use of
reasonable diligence, should have obtained knowledge of the occurrence
of the grievance. A grievance shall be processed as follows:
STEP 1: Written to Direct Supervisor. Employee shall initiate a
grievance in writing to his or her Direct Supervisor. The Direct
Supervisor shall answer in writing within seven (7) calendar days
of the discussion of the grievance.
STEP 2: Appeal to Deputy Chief. If the grievance is not settled
in Step 1, the aggrieved employee within seven (7) calendar days
following receipt of the Direct Supervisor's answer shall file
with the Deputy Chief for Operations a written grievance signed
by the aggrieved employee and the appropriate association
representative, if so requested by the employee, on a form
provided by the City setting .forth the complete facts on which it
is based, the specific contract provisions(s) allegedly violated,
and the relief sought. The Deputy Chief shall contact the
grievant within seven (7) calendar days of receipt of the written
grievance to schedule a mutually agreeable date and time when the
employee and the Association representative, if so requested by
the employee, will discuss the grievance with the Deputy Chief,
or his designee. The Deputy Chief for Operations, or his
designee, shall give a written answer in seven (7) calendar days
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after reviewing grievance with grievant. If the grievance is
denied, the specific reason or reasons shall be set forth.
STEP 3: Appeal to Chief. If the grievance is not settled in
Step 2 and the aggrieved employee and the Association decide to
appeal, the Association shall, within seven (7) calendar days
from receipt of the Step 2 answer, file with the Chief an appeal
signed- by the aggrieved employee and the appropriate Association
representative. The Chief shall contact the grievant within
seven (7) calendar days of receipt of the written grievance to
schedule a mutually agreeable date and time when the Association
representative and the chief, or his designee, can discuss the
grievance. If no agreement is reached in such discussion, the
Chief, or his designee, will give his answer in writing within
seven (7) calendar days of the discussion. If the grievance is
denied, the specific reason or reasons shall be set forth.
STEP 4: Appeal to City Manager. If the grievance is not settled
in Step 3 and the Association decides to appeal, the Association
shall, within seven (7) calendar days after receipt of the Step 3
answer, file a written appeal with the City Manager. The City
Manager shall contact the grievant within seven (7) calendar days
of receipt of the written appeal to schedule a mutually agreeable
date and time for a meeting between the City Manager, or his
designee, and the appropriate Association representative will be
held at a mutually agreeable time. If no settlement is reached
at such meeting, the City Manager, or his designee, shall give
his answer in writing within ten (10) calendar days of the
meeting. If the grievance is denied, the specific reason or
reasons shall be set forth.
STEP 5: Arbitration. If the grievance is not settled in
accordance with the foregoing procedure, the Association may
refer the grievance to arbitration by giving written notice to
the City Manager within ten (10) calendar days after receipt of
the city's answer in Step 4. The parties shall attempt to agree
upon an arbitrator promptly. In the event the parties are unable
to agree upon an arbitrator, they shall jointly request the
Federal Mediation and Conciliation Service to submit a panel of
five (5) arbitrators. The Association shall strike two (2) names
and the City shall then strike two (2) names; the person whose
name remains shall be the arbitrator; provided that either party,
before striking any names, shall have the right to reject on
panel of arbitrators. The arbitrator shall be notified of
his /her selection by a joint letter from the City and the
Association requesting that he /she set a time and place for
hearing, subject to the availability of the City and Association
representatives. The arbitrator shall have no authority to
amend, modify, nullify, ignore, add to, or subtract from the
provisions of this Agreement. He /she shall consider and decide
only the specific issue(s) submitted to him /her and his /her
opinion shall be based solely upon his /her interpretation of the
meaning or application of the terms of this Agreement to the
facts of the grievance presented. Where the parties mutually
agree in writing, more than one grievance may be submitted to the
same arbitrator. The decision of the arbitrator shall be final
and binding. The costs of the arbitration proceeding, including
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the fee and expenses of the arbitrator, shall be borne equally by
both parties; provided, however, that each party shall be
responsible for compensating its own attorneys, representatives,
or witnesses.
Section c. Time Limits. No grievance shall be entertained or
processed unless it is filed within the time limits set forth above.
If a grievance is not appealed within the time limits for appeal set
forth above, it shall be deemed settled on the basis of the last answer
of the City. If the City fails to provide an answer or contacts
grievant within the time limits so provided, the grievance shall be
deemed settled in favor of the grievant. The parties may mutually
agree in writing to extend any time limits.
Section d. Investigation and Discussion of Grievances. Unless
specifically provided otherwise in this Agreement, all grievance
discussions and investigations shall take place in a manner which does
not interfere with the City operations.
Section e. Union Release Time. The Employer agrees that during
working hours, on the Employer's premises and without loss of pay,
Union Executive Board members (defined as Union President, Vice -
President, Treasurer and Secretary, a list of whom shall be submitted
to the City) shall be allowed to:
1. Engage in scheduled actual collective bargaining
negotiations with the Employer during regular business
hours;
2. Give written communications, authorized by the Union or its
representatives, to the Employer, and
3. Meet with the Employer, or its designated representatives,
concerning the enforcement of provisions of this Agreement.
4. Meet with an officer who has a grievance that needs
immediate attention, provided the member of the Union
Executive Board has received the prior approval through the
chain of command and provided further that such approval
will not be arbitrarily withheld.
Further, accredited non - employee representatives of the Union,
not to exceed three (3) in number, shall have reasonable access to the
premises of the City during working hours with advance notice to the
Police Chief, or his designated representatives, with conditions as
thus: Such visitation shall be for the purpose of helping to resolve a
problem or dispute and such visitation shall not interfere with the
activities of employees who are working. Should the visit be for a
grievance hearing, a grievant attending such hearing during his
regularly scheduled shift shall be allowed to attend the hearing
without loss of pay. The Union shall provide the City with a list of
all officers, stewards, and employee representatives for the purpose of
this section.
Item 15. Entire Agreement
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The parties acknowledge that during 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 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.
Therefore, the City and the Association, for the duration of this
Agreement, each voluntarily and unqualifiedly waives the right, and
each agrees that the other shall not be obligated, to bargain
collectively with respect to any subject or matter specifically
referred to, or covered in this Agreement, or with respect to any
subject or matter not specifically referred to, or covered in this
Agreement, even though such subjects or matters may not have been
within the knowledge or contemplation of either or both of the parties
at the time they negotiated or signed this Agreement. This Agreement
may only be amended during its term by the parties' mutual agreement in
writing.
Item 16. Savings
If any provision of this Agreement is subsequently declared by
legislative or judicial authority to be unlawful, unenforceable, or not
in accordance with applicable statutes or ordinances, all other
provisions of this Agreement shall remain in full force and effect for
the duration of this Agreement, and the parties shall promptly meet for
the purpose of negotiating a lawful substitute provision.
Item 17. Board of Fire and Police Commissioners
It is understood that to the extent that such matters as
selection and promotion are subject to the jurisdiction of the Board of
Fire and Police Commissioner, such matters are not subject to this
Agreement. It is further understood that nothing in this Agreement
shall limit the right of the Chief of Police to suspend a member of the
Police Department in accordance with applicable law.
Item 18. Dues Checkoff and Fair Share
During the term of this Agreement, all employees covered by this
Agreement who are members of the Association shall be required to pay
Association dues. -- During the term of this Agreement, employees are not
required to join the Association as a condition of employment, but any
such employees shall, commencing thirty (30) days after being employed
or thirty (30) days after ratification of this Agreement by both
parties, whichever is later, pay a service fee in an amount not to
exceed 85 percent of the Association dues for the purpose of
administering the provisions of this Agreement.
Upon receipt of a voluntarily signed written dues authorization
card from an employee covered by this Agreement, the City shall during
the term of this Agreement deduct the uniform bi- weekly Association
dues of such employees from their pay and remit such deductions to the
Treasurer of the Association. A copy of the dues checkoff
authorization to be used during the term of this Agreement is attached
as Appendix A.
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During the term of this Agreement, in the event an employee
covered by this Agreement does not voluntarily sign a written dues
checkoff authorization, the City, after being requested to do so in
writing by the Association, shall commencing thirty (30) days after
being employed or thirty (30) days after ratification of this Agreement
by both parties, whichever is later, make an involuntary deduction from
the pay of the employee of the employee's proportionate share of the
service charge to administer this Agreement in an amount that does not
exceed 85% of the uniform bi- weekly Association dues and shall remit
such deduction to the Treasurer of the Association. Upon written
request from the City, the Association shall submit prior to the start
of the payroll year, an affidavit which specifies the amount which
constitutes a non - member's proportionate share of the cost of
administering this Agreement. The amount certified by the Association
shall not include any cost for contributions related to the election or
support of any candidate for political office or for any member -only
benefit.
The Association agrees to assume full responsibility to insure
full compliance with the requirements laid down by the United States
Supreme Court in such cases as Chicago Teachers Union v. Hudson, 105
U.S. 1066 (1986), with respect to the constitutional rights of fair
share fee payors. Accordingly, the Association agrees to do the
following:
1. Give timely notice to fair share fee payors of the amount
of the fee and an explanation of the basis for the fee,
including the major categories of expenses.
2. Advise fair share fee payors of an expeditious and
impartial decision making process whereby fair share fee
payors can object to the amount of the fair share fee.
Section b. Place the amount reasonably in dispute into an escrow
account ending resolution of any objections raised by
fair share fee payors to the amount of the fair share
fee.
It is specifically agreed that any dispute concerning the amount
of the fair share fee and /or the responsibilities of the Association
with respect to fair share fee payors as set for the above shall not be
subject to the grievance and arbitration procedure set for the in this
Agreement.
Non - members who object to this fair share fee based upon bona
fide religious tenets or teachings shall pay an amount equal to such
fair share fee to a non - religious charitable organization mutually
agreed upon by the employee and the Association. If the affected non-
member and the Association are unable to reach agreement on the
organization, the organization shall be selected by the affected non-
member from an approved list of charitable organizations established by
the Illinois State Labor Relations Board and the payment shall be made
to said organization.
Indemnification. The Association shall indemnify and hold
harmless the city, its elected representatives, officers,
administrators, agents and employees from and against any and all
iE
claims, demands, actions, complaints, suits or other forms of liability
(monetary or otherwise) that rise out of or by reason of any action
taken or not taken by the City for the purpose of complying with the
provisions of this Article, or in reliance on any written checkoff
authorization, affidavit, or list furnished under any of such
provisions.
Item 19. Subcontracting
The City reserves the right to contract out any work it deems
necessary in the interest of efficiency and economy, and in emergency
situations. No employee shall be laid off as a result of any decision
by the City to subcontract any work performed by employees covered by
this Agreement.
Item 20. Use of Part -Time Police Officers, Auxiliary Police Officers,
Community service Officers or Other City Employees
During the term of this Agreement, the City will not utilize
Part -Time Police Officers, Auxiliary Police Officers, Community Service
officers or other City employees to permanently replace employee
positions covered by this Agreement in performing basic beat patrol
functions and duties.
Nor shall such persons be utilized beyond their current duties
and assignments for the purpose of reducing overtime opportunities for
employees covered by this Agreement, with the understanding that
periodic training assignments shall not be deemed as reducing overtime
opportunities.
Item 21. Light Duty Pool
The City may require an employee who is on extended sick leave or
worker's compensation leave (as opposed to disability pension) to
return to work, on a 40 -hour week basis, in an available light duty
assignment that the employee is qualified to perform in the Police
Department (e.g., maintaining records, working behind the desk, MID,
community relations, communications, etc.) if the assignment is
reasonable and not demeaning in nature or elsewhere in the City if the
employee voluntarily consents to such assignment. The assignment will
be made after the City's physician has reasonably determined that the
employee is physically able to perform the light duty assignment in
question without significant risk that such return to work will
aggravate any pre- existing injury and that there is a reasonable
expectation that the employee will be able to assume full duties and
responsibilities within six months, taking into consideration medical
opinions provided by the employee's physician. Employees assigned to
the Light Duty Pool will be compensated at the regular .rate of pay.
An employee on extended sick leave (including employees who would
otherwise take pregnancy leave) may also request assignment to light
duty if available.
The City will not assign an employee to the Light Duty Pool
elsewhere in the City if such assignment will violate the terms of
another collective bargaining agreement the City has with another
employee organization.
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Nothing herein shall be construed to require the City to create
light duty assignments for an employee. Employees will. only be
assigned to light duty assignments when the City determines that the
need exists and only as long as such need exists, provided that where
the City determines that the need exists, light duty assignments will
be done on a fair and equitable basis.
Item 22. Safety Committee
Following the ratification of this Agreement, a Safety Committee
comprised of representatives from each shift and two representatives
from special divisions all below the rank of Sergeant shall be formed
for the purpose of reviewing and making recommendations on issues
concerning safety and working conditions to the Chief or his designee.
The department may adopt any positive recommendation from the
Committee. Any recommendation not agreed upon or adopted by the
department may not be processed under any circumstance through the
grievance and arbitration procedures.
It is understood that the Safety Committee shall meet no more
than once a month and that the department shall allow any Committee
member on duty at the time of the meeting no more than 1 -1/2 hours to
attend the Committee meeting. It is agreed that Committee members who
are not on duty at the time of the meeting shall not be compensated for
attending the meeting. Safety Committee members shall be appointed to
scattered terms to ensure opportunity for participation by all
employees designated above.
Item 23. Police Officers' Bill of Rights
Nothing in this Agreement shall be construed to preclude the
applicability of the Police Officers' Bill of Rights as set forth in
the Illinois Revised Statutes, but said Bill of Rights shall not be
incorporated herein by reference.
Item 24. Random Drug /Alcohol Testing
The City shall be authorized to conduct random drug /alcohol test
sampling at its discretion. Such testing shall be conducted under the
conditions that are established by the D.O.T. and further, such testing
will be limited to no more than 25% of covered employees per calendar
quarter. Testing will consist of a standard "5 panel" test and the
City will assure that contracted personnel performing the testing, do
such testing in a manner that follows standard protocol,
confidentiality and chain of custody rules /regulations.
Covered employees who are selected for testing shall report to
the testing center upon request. when tests are conducted during the
employees' regular hours, time spent in testing shall be treated as
normal work time and duly compensated. In the event that a test is
requested of an officer who would otherwise be "off duty ", such time
spent in testing will be considered overtime and compensated as such,
to a maximum of two (2) hours pay.
In the event that an employee's name is randomly selected and
that employee is on vacation, sick time, or not otherwise scheduled,
that employee's name
subsequent re- drawing
scheduled to work.
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shall be re- entered into the random pool for
at a time that the employee is regularly
Item 25. Impasse Resolution
Upon the expiration of this Agreement, the remedies for the
resolution of any bargaining impasse shall be in accordance with the
Alternative Impasse Resolution .Procedure attached as Appendix B and
incorporated herein by reference.
Item 26. Fitness
Section a. Fitness For
No employee shall be requested or required to undergo
psychological, psychiatric or physiological testing unless the Chief of
Police has reasonable cause to believe the employee is then unfit for
duty. Basis for the reasonable cause shall be set forth in writing to
the employee at the time the employee is ordered to undergo such
testing. Employee shall have the right to Association representation
when being informed of the need for testing, and shall have the right
to secure similar testing at their own expense from psychiatrists,
psychologists or physicians of their own choosing. The employer and
the employees shall only utilize the services of qualified, certified
medical doctors, psychiatrists or psychologists. The employee shall be
given acopy of any and all information, reports and opinions that are
provided the City as a result of such testing.
Item 27. Employee Discipline
Section a. Standards of Discipline
All disciplinary action against officers covered by this
Agreement shall be carried out in accordance with department rules,
regulations, orders, policies, procedures, City Ordinance, Board of
Fire and Police Commissioners' Rules and Regulations, and State laws
governing the discipline of law enforcement officers.
The City agrees with the tenets of progressive and corrective
discipline where appropriate. However, when the severity of an
infraction is great, discipline outside the progression shall be
considered an appropriate remedy. It should also be recognized that
when using the principal of progressive discipline, all aspects of
performance are taken into consideration. Individual infractions
standing alone may not warrant action beyond the first, but when viewed
cumulatively with warnings and other discipline actions, more extreme
action may be appropriate. No non - probationary employee may be removed
or discharged, or suspended, for a period of more than five (5)
calendar days, except for cause.
Section b. Departmental Discipline
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Disciplinary action rendered by the Department may take any one
or more of the following forms:
a. Oral reprimand;
b. Written reprimand;
C. Suspension without pay;
d. Dismissal.
Suspension without pay and recommendations for dismissal are to
be levied by the Police Chief or his designee.
Section c. Expungement of Records
In keeping with the parties' agreement that discipline is to be
corrective, it is agreed that all files concerning an employee shall be
expunged of any reference to his disciplinary history if there has been
no recurrence of the type or kind of conduct giving rise to the
discipline in accordance with the following:
a. Oral reprimand - three (3) years
b. Written reprimand - four (4) years
C. Disciplinary suspension - will remain permanently in
the individual's personnel file.
The burden of effecting such expungement shall be on the
employee.
Item 28. Residency
Employees hired as Police Officers and existing Police officers
covered by this Agreement will be required_ to establish residency
within the boundaries depicted on the map contained in Appendix C of
this Agreement.
Item 29. Association Rights
Section a. Association Bulletin Boards
The City shall provide, for the use of the Association, space for
one bulletin board, not to exceed sixteen (16) square feet, to be
placed in a mutually agreeable location. The bulletin board may be
used to post Association notices, minutes of Association meetings,
notice of Association elections and results thereof, Association
recreational and social activities, Association appointments and other
related notices or information. The Association shall be responsible
for posting and removing material from its bulletin boards and
maintaining them in a neat and orderly fashion. Postings shall not be
abusive, offensive or vulgar and shall be limited to the notices and
information listed above.
Section b. Stewards
To provide officers with reasonable access to Association
representation, the Association shall designate certain officers to
serve in the capacity of Steward, to receive, investigate and process
complaints or grievances of officers.
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Stewards may be permitted to leave their regular duties only upon
request to the non- bargaining unit supervisor, and only in the event
that the grievance requires immediate action or in emergency
circumstances. what constitutes 'immediate action or emergency
circumstances shall be determined on a case -by -case basis by the non -
bargaining unit supervisor. Such requests will not be unreasonably
denied.
The Association shall provide at least one designated Steward for
each shift and for special divisions. The City shall be furnished a
written list of the names and shifts of each Steward.
Item 30. Term
Unless specifically provided otherwise, this Agreement shall be
effective as of the date it is ratified by both parties and shall
remain in full force and effect until the 31s` day of December, 2003.
It shall be automatically renewed from year to year thereafter unless
either party shall notify the other in writing seventy -five (75) days
prior to the expiration date set forth above or each yearly period
thereafter, if applicable. If either party submits such written
notice, the parties' designated representatives shall immediately
commence negotiations. Notwithstanding the expiration date set forth
above, this entire Agreement shall remain in full force and effect
during the period of negotiations and until a successor agreement is
ratified by both parties.
23
EXECUTED THIS / 7-/ day of 2002.
Attest:
� I fLLCCCH ---�
City Clerk
Attest:
FOR THE CITY
By
City Ma er
FO]
By
PA\ 22__fAlp_1
Checkoff. The Union will supply all the necessary papers for
checkoff upon mutual agreement between the Employer and the Union.
The Employer shall check off union dues on presentation of
checkoff authorization cards, voluntarily and individually authorized,
from employee in accordance with law. The Employer will then deduct
such dues in the amount certified to the Employer by the Secretary or
Treasurer of the Local Union, and send to the Local Union their
respective shares as certified by the Secretary or Treasurer of the
Local Union.
In the event a non -union employee shall not voluntarily sign a
checkoff, then in that event, an involuntary checkoff of a service
charge not to exceed the amount of union dues shall be made by the City
upon the written direction of the Union.
New employees may voluntarily sign checkoff authorization and
application blanks upon receiving employment. The Employer shall then
process each new employee in accordance with this Article. The local
Union shall supply the Employer with all such necessary forms.
However, nothing in this paragraph shall supersede any existing
ordinance and /or statute as pertains to the rights of the city to place
new employees on a eighteen (18) month probationary status.
There shall be one copy of the checkoff sheet sent to the
Policemen's Benevolent and Protection Association. All money so
deducted shall be paid bi- weekly on payroll days (the Friday
immediately following the payroll period). The employee request forms
shall be as follows:
"Payroll Deduction Authorization"
By
Last Name First Name Middle
Effective:
I hereby request and authorize you to
deduct bi- weekly from my earning union
dues or service charge equal to
$ annually. The amount
deducted shall be paid to the Policemen's
Benevolent and Protective Association,
Unit #54.
Signed:
Address:
APPENDIX B
ALTERNATIVE IMPASSE RESOLUTION PROCEDURE
WHEREAS, the provision of § 1614 (p) of the Act provide that the
parties may agree to submit their unresolved disputes concerning wages,
hour, terms and conditions of employment to an alternative form of
impasse resolution;
NOW, THEREFORE, based upon the mutual benefits and consideration
set forth herein, the receipt and sufficiency of which for each party
is hereby acknowledged, the City and the Association agree to the
following Alternative Impasse Resolution Procedure:
Section 1. Authority for Agreement. The parties agree that the
statutory authority for this Agreement is § 1614 (p) of the Illinois
Public Labor Relations Act ( "Act "). The parties intend the provisions
of this Agreement to represent and constitute an agreement to submit to
an alternative form of impasse resolution any unresolved disputes
concerning the wages, hours, terms and conditions of employment of the
employees represented by the Association that are subject to the
negotiations for a successor Agreement.
Section 2. Selection of Arbitrator and Naming of Panel. The
parties that should it become necessary to submit their unresolved
disputes in negotiations to arbitration pursuant to § 1614, they will
engage in the arbitration of impasses procedure described in the Act
and the Rules and Regulations of the Illinois state Labor Relations
Board ( "Board "), subject to the following:
(a) Service of Demand for Compulsory Interest Arbitration: The
parties agree that a Demand for Compulsory Interest
Arbitration filed by either party upon the other prior to
January 1, 2004, with respect to the negotiations for a
successor Agreement shall be deemed to be a proper and
timely demand as provided in the Act and the Rules and
Regulations of the Board; further, that arbitration
proceedings under the Act and those Rules and Regulations
shall be deemed to have been initiated and commenced on the
date of service and filing of the Demand for Compulsory
Interest Arbitration;
N
(b) Arbitrator Selection Process. The parties agree that
notwithstanding the filing and service of any Demand for
Compulsory Interest Arbitration by the Association, the
selection of an arbitrator will be delayed until such time
as either party serves upon the representative of the
other, in writing by certified mail, a demand that the
arbitrator selection process be commenced, provided that at
least one month of mediation has occurred. It is further
agreed that:
(i) During this period of delay, the parties agree to
continue good faith collective bargaining with the
advice and assistance of the Mediator from FMCS:
(ii) within seven (7) days of receipt by the other party
of the written demand that selection of an arbitrator
begin, the representatives of the parties shall meet
and attempt to mutually agree upon an arbitrator.
The parties agree that the arbitration proceedings
shall be heard by a single, neutral arbitrator. Each
party waives the right to a three member panel of
arbitrators as provided in the Act;
(iii) In the absence of agreement on a neutral arbitrator,
the parties shall file a joint request with the
American Arbitration Association ( "AAA ") for a panel
of seven (7) arbitrators from which the parties shall
select a neutral arbitrator. The parties agree to
request the AAA to limit the panel to members of the
National Academy of Arbitrators. Both the City and
the Association shall each have the right to reject
one panel in its entirety within seven (7) calendar
days of its receipt and request that a new panel be
submitted. The parties agree to engage in the AAA's
ranking process for purposes of determining which of
the seven (7) arbitrators on the panel shall serve as
the neutral arbitrator, provided that each party may
strike or cross out not more than two (2) of the
arbitrators on the panel before ranking the remaining
arbitrators on the panel. Each party shall have
fourteen (14) days from the date the panel list is
3
received from the AAA to number the names on the
panel list in order of preference and return the list
to the AAA. In accordance with the designated order
of mutual preference, the AAA shall invite the
acceptance of the arbitrator to serve. In the event
that the arbitrator declines or is unable to serve,
the AAA shall invite the next arbitrator in
designated order of mutual preference to so serve.
In the event that he declines or is unable to serve,
the parties agree to jointly request a new panel of
seven (7) arbitrators from the AAA and commence the
selection_ process anew. It is further agreed that
the AAA's role and participation in the arbitration
process shall be strictly limited to providing the
panel(s) and administering the selection process.
Once an arbitrator has been selected by means of the
parties' ranking of the members of the panel, the
AAA's participation in the arbitration proceedings
shall be terminated. The parties shall divide
equally any costs associated with the AAA
administering the selection process. The parties
shall inform the AAA of this limited role by joint
letter at the time the first panel is requested;
(iv) The parties shall jointly communicate all remaining
aspects of the arbitration (including but not limited
to scheduling of post- hearing briefs) directly with
the neutral arbitrator in the manner prescribed in
the Act and the Rules and Regulations of the Board.
(c) Issues in Dispute and Final Offers. Within seven (7)
calendar days of the service of a demand that the
arbitrator selection process commence, the representatives
of the parties shall meet and develop a written list of
those issues that remain in dispute. The representatives
shall prepare a Stipulation of Issues in Dispute for each
party to then execute and for submission at the beginning
of the arbitration hearing. The parties agree that only
those issues listed in the Stipulation shall be submitted
9
to the arbitrator for decision and award. It is further
agreed that:
(i) Each party retains the right to object to any issue
on the grounds that the same constitutes a non -
mandatory subject of bargaining; provided, however,
that each party agrees that it will notify the other
of any issue that it regards as a non - mandatory
subject of bargaining not later than the first
negotiation meeting where the issue is substantively
discussed. Should any disputes arise as to whether a
subject is a mandatory subject of bargaining, the
parties agree to cooperate in obtaining a prompt
resolution of the dispute by the Board pursuant to
the Act and the Rules and Regulations of the Board
[Section 1200.140(b)). Either party may file a
petition with the Board's General Counsel for a
declaratory ruling after receiving such notice from
either party that it regards a particular issue a
non - mandatory subject of bargaining.
(ii) Not less than seven (7) calendar days prior to the
date when the first day the arbitration hearings are
scheduled to commence, the representatives of the
parties shall simultaneously exchange in person their
respective written final offers as to each issue in
dispute as shown on the Stipulation of Issues in
Dispute. The foregoing shall not preclude the
parties from mutually agreeing to resolve any or all
the issues identified as being in dispute through
further collective bargaining.
(d) Authority and Jurisdiction of Arbitrator. The parties
agree that the neutral arbitrator shall not function as a
mediator unless mutually agreed by the City and the
Association. The arbitrator selected and appointed to
resolve any disputes that may exist in these negotiations
shall have the express authority and jurisdiction to award
increases or decreases in wages and all other forms of
compensation (1) retroactive to January 1, 2000 (or to
January 1 in any subsequent year if the Agreement is
(e)
(f)
F
automatically renewed) for the negotiations for a successor
Agreement, .provided in either instance a party has served
upon the other party a timely Demand for Compulsory
Interest Arbitration in accordance with the provisions of
Section 2(a) above, notwithstanding any delay in the
arbitrator selection process that may have occurred or any
other modification of the impasse procedure described in
the Act and the Rules and Regulations of the Board as a
result of this Agreement. Provided one party has served on
the other party a timely Demand for Compulsory Interest
Arbitration in accordance with the provisions of section
2(a) above, each party expressly waives and agrees not to
assert any defense, right or claim that the arbitrator
lacks the jurisdiction and authority to make such a
retroactive award of increased or decreased wages or other
forms of compensation.
Discretion and Judgment of Arbitrator. The parties do not
intend by this Agreement to predetermine or stipulate
whether any award of increased or decreased wages or other
forms of compensation should in fact be retroactive, but
rather intend to insure that the arbitrator has the
jurisdiction and authority to so award retroactive
increases or decreases, provided a timely Demand for
Compulsory Interest Arbitration has been submitted by one
party, should he in his discretion and judgment believe
such an award is appropriate.
Conduct of Hearings. The parties agree that all
arbitration hearings shall be conducted as follows:
(i) Hearings shall be held in the City of Elgin,
Illinois, at a mutually agreed location. Hearings
may be conducted outside the City of Elgin only by
written mutual agreement;
(ii) The hearings shall begin within thirty (30) days of
the notification from the AAA that the arbitrator
selected has accepted the appointment to serve as the
neutral arbitrator. The parties by mutual written
agreement may agree to delay the date of the first
hearing for a period up to ninety (90) days. The
R
hearings shall be scheduled on mutually agreed dates,
subject to the reasonable availability of the
arbitrator and the representatives of the parties and
shall be concluded within thirty (30) days of the
date of the first hearing;
(iii) The party requesting arbitration shall proceed with
the presentation of its case first, followed by the
non - requesting party. Each party shall have the
right to submit rebuttal evidence and testimony, as
well as to submit a post- hearing brief. Post- hearing
briefs shall be simultaneously submitted directly to
the arbitrator, with a copy sent to the opposing
party's representative, within twenty -one (21)
calendar days of the conclusion of the hearings;
(iv) The arbitrator's decision and award shall be issued
in writing directly to each party's representative
within thirty (30) days of the close of hearings or
the submission of post- hearing briefs, whichever is
later;
(v) A mutually agreed court reporting service shall
record and transcribe the hearings. The costs of the
neutral arbitrator, as well as the costs of the court
reporting service and a copy of the transcript for
the arbitrator shall be divided equally. Each party
shall be responsible for purchasing its own copy of
the transcript and for compensating its witnesses and
representatives.
Section 3. Remaining Provisions of § 1614. Except as expressly
provided in this Agreement, the parties agree that the provisions of 4
1614 of the Act and the Rules and Regulations of the Board shall govern
the resolution of any bargaining impasses and any arbitration
proceedings that may occur over the negotiations for a successor
Agreement.
r h88
APPENDIX C
POLICE REMENCY REQUIREMENTI
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City
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' \ Streartrviood
- Q 8 Hanover Pmk
} cny Umna
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West Ctdcago
rota
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sty Umus
arsection of Rte. 120 and Rte. 12 South to Rte. 59 split, Rte. 59 South to Rte. 20,"East
ate: 20 to Gary Avenue, Gary Ave. South to ArMy Trail, Army Trail West to Rte. 59, Rte. 59
th to I -88 then West on I -88 to Rte. 56 and West on Rte. 56 to Rte: 30, Rte. 30 Nest; to
23 then North on Rte. 23 to I -88, West on I -88 to Anne Glidden Rd., North on Anne Glidden
tte. 72, Rte 72 East to kte, 23 then Rte. 23 North to Rte_ 14, Southeast on Rte. 14 to Rte.
and Rte. 120 East to Intersection of Rte. 120 and Rte. 12; provided however that such area
11 include the corporate boundaries of any city or village lying partly within and partly
rout the area described.
n25
PA ", 3ZISIOM�7
Pursuant to the provision contained in Item #8 of this contract, the following list
represents the items the City of Elgin will purchase for all new officers who are members
of the Elgin Police Department. The City will select the models, brands, styles, etc.
1. Handgun and magazines*
2. Holster (1) (High rise or drop if available)
3. Magazine pouches
4. Uniform shirts, long and short sleeve (4 each)
5. Uniform trousers (4 each)
6. Five star hat and snake band
7. Pants belt (Basketweave with keepers)
S. Gun belt
9. Radio*
10. Radio holder*
11. Radio shoulder tab
12. Handcuffs (1 pair)
13. Handcuff case
14. Jacket (all seasons)
15. Raincoat and cap cover
16. Commando sweater
17. Hat badge
18. Two stars
19. Key strap
20. Baton holder /ring
21. Shoes (1 pair boots, 1 pair shoes)
22. Gloves
23. Flashlight holder
24. Flashlight (rechargeable)
25. Briefcase
26. Nameplates (1 for shirt and 1 for jacket)
27. Tie
28. Tie bar
29. Riot helmet
30. Duty ammunition*
31. Traffic citation holder
32. Baton
33. Aerosol irritant and holder
34. Body armor*
35. Report forms holder /clipboard
36. Reflective traffic safety vest
37. Turtlenecks (2)
38. Report forms holder /clipboard
39. Reflective Traffic safety vest
*Where appropriate, these items will be replaced or repaired by the City at its
expense.