HomeMy WebLinkAbout07-192Resolution No. 07 -192
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54
WHEREAS, representatives of the City of Elgin and representatives of the Policemen's
Benevolent and Protective Association, Unit 454 have met and discussed wages, fringe benefits and
other working conditions; and
WHEREAS, said representatives have submitted for review and approval by the City Council
an agreement pertaining to such matters; and
WHEREAS, the City Council has reviewed said agreement and finds that it is fair and
equitable for the City of Elgin and employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and
the Policemen's Benevolent and Protective Association, Unit #54, a copy ofwhich is attached hereto
and made a part hereof by reference.
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson,
City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City
of Elgin.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 25, 2007
Adopted: July 25, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
Between
CITY OF ELGIN
And
POLICEMEN'S BENEVOLENT AND
PROTECTIVE ASSOCIATION, UNIT #54
January 1, 2007
To
December 31, 2009
TABLE OF CONTENTS
Page
Article1. Recognition ..........................................................................
..............................1
Article 2. Management Responsibilities ..............................................
..............................1
Article 3. Non- Intemxption of Work ....................................................
..............................1
Article4. Wages ..................................................................................
..............................1
Section a. Salary Range .....................................................................
..............................1
Sectionb. Retroactivity .....................................................................
..............................3
Sectionc. Longevity Pay ...................................................................
..............................3
Section d. Language Proficiency Stipend ..........................................
..............................4
Sectione. Pension Pickup ..................................................................
..............................4
Article 5. Hours of Work and overtime ...............................................
..............................4
Section a. Application of This Article ...............................................
..............................4
Sectionb. Normal Work Period .........................................................
..............................4
Sectionc. Overtime Pay ....................................................................
..............................4
Section d. Court Overtime .................................................................
..............................4
Sectione. Court Standby ...................................................................
..............................5
Sectionf. Callout ...............................................................................
..............................5
Sectiong. Details ...............................................................................
..............................5
Sectionh. Hirebacks ..........................................................................
..............................5
Sectioni. Off Duty Calls ...................................................................
..............................6
Section j. Selection/Assignment to Permanent Shifts .......................
..............................6
Sectionk. Biweekly Pay ....................................................................
..............................6
Section 1. Compensatory Time ..........................................................
..............................6
Sectionm. Split Shifts ........................................................................
..............................7
Sectionn. No Pyramiding ..................................................................
..............................7
Article 6. Life Insurance .................
................... 7
Article7. Holidays ............................................................................... ..............................8
Sectiona. Observance ....................................................................... ..............................8
Section b. Christmas and New Year's Eve ........................................ ..............................8
Sectionc. Remuneration .................................................................... ..............................8
Section d. Eligibility Requirements ................................................... ..............................8
Article 8. Uniform Allowance ............................................................. ..............................9
Article9. Vacations ............................................................................. ..............................9
Sectiona. Accrual ............................................................................. .............................10
Sectionb. Vacation Pay .................................................................... .............................10
Sectionc. Scheduling ....................................................................... .............................10
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Article10. Sick Leave .......................................................................... .............................10
Sectiona. Accrual ........................................................................... ............................... l l
Section b. Conversion ...................................................................... ..............................1 l
Sectionc. Disability .......................................................................... .............................12
Section d. Injury or Surgery .............................................................. .............................12
Section e. Sick Leave Incentive Pay / Severance ............................... .............................12
Section f. Workers' Compensation Benefits .................................... .............................12
Article11. Separation Pay .................................................................... .............................12
Article 12. Death of an Employee ........................................................ .............................12
Article 13. Medical and Health Plans ................................................... .............................13
Section a. Medical Insurance ............................................................ .............................13
Section b. Health Maintenance Organization ................................... .............................13
Section c. Retiree Participation ........................................................ .............................13
Section d. Medical Examinations ..................................................... .............................13
Section e. City's Program For Continuation of Health Insurance .... .............................13
Section f. Section 125 and PEHB Plans ........................................... .............................13
Section g. Health Club /Fitness Facility Memberships ..................... .............................14
Article 14. Grievance Procedure ...........................................................
.............................14
Section a. Definition of a Grievance ................................................
.............................14
Section b. Grievance Procedure ........................................................
.............................14
Sectionc. Time Limits .....................................................................
.............................16
Section d. Investigation and Discussion of Grievances ....................
.............................16
Section e. Union Release Time ........................................................
.............................16
Article 15. Board of Fire and Police Commissioners ...........................
.............................17
Article 16. Dues Checkoff and Fair Share ............................................
.............................17
Article 17. Subcontracting ....................................................................
.............................18
Article 18. Use of Part-Time Police Officers, Auxiliary Police Officers,
Community Service Officers or Other City Empl oyees ..... .............................18
Article 19. Light Duty Pool ............................
Article 20. Safety Committee ..........................
Article 21. 1 Peace Officers' Bill of Rights........
Article 22. Random Drug/Alcohol Testing ..................
Article 23. Impasse Resolution .........................
Article 24. Fitness for Duty ........... ...............................
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.........................18
.........................19
.........................19
.........................20
.........................20
.........................20
Article 25. Employee Discipline ........................................................... .............................20
Section a. Standards of Discipline .................................................... .............................20
Section b. Departmental Discipl ine .................................................. .............................21
Section c. Expungement of Records ................................................. .............................21
Section d. Investigation Completion .............................. .............................22
Article26. Residency ............................................................................ .............................22
Article 27. Association Rights .............................................................. .............................22
Section a. Association Bulletin Boards ............................................ .............................22
Sectionb. Stewards ........................................................................... .............................22
Article 28. Tuition Reimbursement ...................................................... .............................22
Article 29. Use of City E -Mail System ................................................. .............................22
Article30. Direct Deposit ..................................................................... .............................23
Article 31. Entire Agreement ................................................................ .............................23
Article32. Savings ................................................................................ .............................23
Article33. Term .................................................................................... .............................23
APPENDIX A DUES CHECKOFF ........................................................... ............................A
-1
APPENDIX B ALTERNATIVE IMPASSE RESOLUTION PROCEDURE .......................B
-1
APPENDIX C UNIFORM REQUIREMENTS ......................................... ............................0
-1
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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, 2007 through
December 31, 2009. Each employee represented by the Association will receive a copy of this
Agreement.
Article 1. Recoenition
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.
Article 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.
Article 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 City. 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.
Article 4. Wages
Section a. Salary Range. The beginning Police Patrol Officer shall start at step one of
the salary range set forth below. Upon attainment of satisfactory performance evaluation after
six (6) months 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 Article 14 of this
Agreement.
Effective January 1, 2007, the base monthly and annual salary ranges of employees
covered by this Agreement shall be:
I
II
III
IV
V
VI
4,320
4,590
5,048
5,396
5,621
5,939
51,842
55,074
60,578
64,746
67,454
71,273
Effective January 1, 2008, the base monthly and annual salary ranges of employees
covered by this Agreement shall be:
I
II
III
IV
V
VI
4,493
4,773
5,250
5,611
5,846
6,177
53,916
57,277
63,001
67,336
70,153
74,124
Effective July 1, 2008, the base monthly and annual salary ranges of employees covered
by this Agreement shall be:
I
II
III
IV
V
VI
4,515
4,797
5,276
5,639
5,875
6,208
54,185
57,564
63,316
67,673
70,503
74,495
Effective January 1, 2009, the base monthly and annual salary ranges of employees
covered by this Agreement shall be:
I
II
III
IV
V
VI
4,696
4,989
5,487
5,865
6,110
6,456
56,353
59,866
65,849
70,380
73,323
77,475
Effective July 1, 2009, the base monthly and annual salary ranges of employees covered
by this Agreement shall be:
I
II
III
IV
V
VI
4,720
5,014
5,515
5,894
6,141
6,488
56,634
60,165
66,178
70,732
73,690
77,862
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.
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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 raring of average or above in
the most recent evaluation.
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 in lieu of holiday pay, and shall not be required to work on a holiday,
for the period of time so designated by the Police Chief.
Any police officer designated at the sole discretion of the Police Chief as a Field Training
Officer shall be paid an additional four percent (4 %) above his/her step on the monthly salary
schedule for regular duty hours, not including overtime or any other benefit time, 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 2007 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,
2007, less any retroactive employee insurance payments due under Article 13.
Section c. Longevity Pay. Effective January 1, 2007, employees with continuous service
in a position covered by this Agreement shall receive annual longevity pay in accordance with
the following schedule:
Years of Continuous Service
10 years but less than 15 years
15 years but less than 20 years
20 years or more
Amount of Annual
Longevity Pay
$ 800
$1,200
$1,600
Effective January 1, 2009, employees with continuous service in a position covered by this
Agreement shall receive annual longevity pay in accordance with the following schedule:
Years of Continuous Service
10 years but less than 15 years
15 years but less than 20 years
20 years or more
Amount of Annual
Longevity Pay
$1,150
$1,550
$1,950
Longevity pay shall be considered part of the employee's base salary for the purpose of
computing the employee's hourly rate of pay and for overtime purposes.
Section d. Language Proficiency Stipend. Effective January 1, 2005, the first full month
after an employee is certified by the City or by a third party selected by the City to be proficient
in Spanish, Laotian, or sign language, the employee shall be paid a stipend of $50 per month.
Section e. Pension Pickuro. 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.
Article 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 a guarantee of hours of work per day or per week, or a 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.
Section d. Court Overtime. An employee attending court while off -duty shall receive a
minimum of two (2) hours (three (3) hours effective January 1, 2005) 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
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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 to work (excluding court calls in other than a
court standby situation) while off duty, either before starting or after having completed his/her
assigned work shall receive $75 and his/her actual time worked, at one and one -half (1 -1/2) times
the employee's straight time hourly rate of pay so long as the employee reports to work prepared
for duty within ninety (90) minutes of the call. This time period shall not be unreasonably
construed. This section shall not apply to holdovers.
The foregoing $75 payment for a callout shall not be applicable when an employee is
called back to correct an error or omission before the employee's next scheduled shift. All prior
side letters, agreements and past practices regarding callout payments are hereby extinguished.
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.
If an officer signs up for detail work and/or receives a detail from another officer and
does not report for said detail, and/or fails to locate a replacement in his/her absence on more
than two occasions during any six month period, as disciplinary action, his/her name shall be
removed from the detail list for a period of time not to exceed twelve (12) 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.
Officers must work at least one (1) hireback per year. If the officer(s) does not work at
least one (1) hireback in a year, the officer(s) will be removed from the list for a period of three
(3) months.
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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 and hireback, covered in Section 5(h) 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 such
officer back to his former shift as soon as operationally possible.
It is further agreed that, as much as possible, days off shall be granted by the applicable
sergeant as requested and employees shall be allowed weekends before and after scheduled
vacations off. Additionally, single vacation days may be granted when, in the discretion of the
applicable sergeant, such requested day off conforms to the operational needs of the department.
Absent emergency circumstances justifying a deviation, duty trades 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 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
R
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 operational 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 shift 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 Article or Agreement.
Employees shall not be paid overtime for a voluntary hireback during normal work hours
in such situations where an officer is also compensated for benefit (e.g., vacation and
compensatory) time. An employee who volunteers for hireback during normal duty hours shall
retain his benefit hours and be compensated at his normal duty pay rate.
Employees who are involuntarily returned to duty while on vacation or compensatory
leave (e.g., callout or court subpoena) shall be paid at the overtime rate.
Overtime payments shall not be granted in conjunction with sick leave at any time.
Employees may not work overtime details when they have called in sick for their shift that day.
Article 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 Article 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 provide under this Article 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.
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Article 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; 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 Article.
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
Friday, Saturday and Sunday
Provision
the full day before Christmas
(December 24)
one -half (1/2) day on both Christmas
Eve and New Year's Eve
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 f ether four hours holiday pay, thus receiving a total of an additional twelve (12) hours
holiday pay at their straight -time hourly rate.
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 Article 5, Section f.
Section d. Eli ig bility 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
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employee's absence from work is excused by his/her supervisor and is chargeable to authorized
paid leave.
Article 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 Appendix C hereto. 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, 2004, non - probationary Officers assigned to a uniformed position
will receive $800 each calendar year to purchase authorized uniforms and equipment as set forth
in Appendix C and to maintain and clean such uniforms and equipment. The method of payment
shall consist of two payments, one for $400 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. 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 $125 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.
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.
Article 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:
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Years of Continuous Service
First (1 st) year to sixth (6"')
anniversary
Seventh (7th) year to thirteenth (13`h)
anniversary
Fourteenth (14th) year to twenty -first
(21st) anniversary
Twenty- second (22nd) 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) hours 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. Scheduline. 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 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.
Article 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
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year. Employees may accumulate sick leave up to a total equivalent of 240 sick days. Sick leave
is an insurance -type benefit not to be used as additional days off, that should be used by the
employee only when needed. 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 inability to work and ability to return to work. In the case of absences due to care of a
covered immediate family member, the employee shall make a good faith effort to obtain and
provide a written statement from a licensed practicing physician certifying the need for the
employee to care for the covered family member during the employee's absence. 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 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 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.
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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 Surg_crv. 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 Incentive Pav /Severance. Annually, employee's sick leave days
accrued in excess of ninety (90) days (720 hours) shall be paid into a tax deferred account at a
rate of $75 per day. Upon retirement (age 50 and 20 years of service), payment for unused sick
time shall be a rate of $20 for the first forty -five (45) days and $60 for days over forty -five (45).
These monies (annual payments and the payment upon retirement) shall be paid by the City on
behalf of each contributing employee into an individual account. This plan shall expire at the
end of the term of the collective bargaining agreement.
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 Worker's Compensation Commission.
Article 11. Separation Pay
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).
Article 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 Article 10 Section b(2) above and the balance of the period's compensation of the
period in which the employee dies.
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Article 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. Effective March 1, 2007, the City will offer the
previously agreed upon PPO medical insurance plan for the employee and his/her dependents.
Effective March 1, 2007, employees shall pay 8% of the total cost of the premium for the PPO
coverage selected and the City shall pay the remaining amount. Effective March 1, 2008,
employees shall pay 8' /z% of the total cost of the premium for the PPO coverage selected and the
City shall pay the remaining amount.
Section b. Health Maintenance Organization. Effective March 1, 2007, the employee
may as an option elect to participate in the previously agreed upon HMO. Effective March 1,
2007, employees shall pay 8% of the total cost of the premium for the HMO coverage selected
and the City shall pay the remaining amount. Effective March 1, 2008, employees shall pay
8' /z% of the total cost of the premium for the HMO coverage selected and the City shall pay the
remaining amount.
Section c. Retiree Partici an tion. 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 Article shall terminate when the retiree (1) returns to active service, (2)
exercises any pension refund option available or accepts any separation benefit; (3) loses his/her
rights to pension benefits or (4) dies.
Section d. 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 Article 14 of this Agreement.
Section e. 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. G70 -02) shall be eligible for
retiree insurance premium subsidy pursuant to the said program.
Section f. Section 125 and PEHB Plans. Effective January 1, 2005, or as soon as
practicable after ratification of the Agreement by both parties, the City will establish a Post
Retirement Health Benefit (PEHB) plan and a Section 125 plan. The PEHB plan will include a
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provision that an employee can convert unused sick leave at time of retirement on the same basis
and up to the maximum that is provided in the parties' the 2000 -2003 agreement and/or earned
but unused vacation time at time of retirement.
Section R. Health Club/Fitness Facility Memberships. During the term of this
Agreement, the City shall pay $319 annually towards the cost of a membership at The Centre for
each bargaining unit member who does not elect to receive alternate membership reimbursement
as provided hereafter. In lieu of the aforementioned $319 Centre membership discount, up to
twenty -five percent (25 %) of the employees currently in the bargaining unit may elect for an
annual reimbursement of $195 towards the cost of such employee's membership at any other
health club /fitness facility. The union shall provide the City with a list of the employees who
have opted for the aforementioned $195 reimbursement within thirty (30) days of the ratification
of this Agreement. Such list shall not exceed twenty -five percent (25 %) of the employees
currently in the bargaining unit and no employees who are not included on the aforementioned
list shall be eligible for the aforementioned $195 alternate reimbursement. The aforementioned
$195 alternate reimbursement program is intended to be transitional, and shall cease on
December 31, 2009. No bargaining unit member shall be entitled to such alternate
reimbursement following the expiration of this Agreement.
Article 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 of 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
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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 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 rime. 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. Prior
to the Step 4 hearing, each party shall provide the other with all information relevant to
the grievance. Neither party shall knowingly withhold any relevant information. Should
previously undisclosed information become known by either party during the Step 4
process, such information shall be immediately disclosed to the other side.
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 a 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
15
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 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 contact grievant within the time limits so provided under
Step 3 or Step 4 of Section b, 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;
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 reasonably requires 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.
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Article 15. 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.
Article 16. 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.
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.
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3. 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
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.
Article 17. 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.
Article 18. 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.
Article 19. Lidit 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
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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 an independent medical examiner selected by the City has 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.
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.
Article 20. 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.
Article 21. Peace Officers' Bill of Rights
Nothing in this Agreement shall be construed to preclude the applicability of the Peace
Officers' Bill of Rights as set forth in the Illinois Compiled Statutes, but said Bill of Rights shall
not be incorporated herein by reference.
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Article 22. Random Drua/Alcohol Testin
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 shall be re- entered into the
random pool for subsequent re- drawing at a time that the employee is regularly scheduled to
work.
Article 23. 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.
Article 24. Fitness for Dutv
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 a copy of
any and all information, reports and opinions that are provided the City as a result of such
testing.
Article 25. Emplovee 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 and
State laws governing the discipline of law enforcement officers.
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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 unto
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
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. An officer suspended without pay shall not serve his/her suspension until
such time as the officer has exhausted his/her administrative remedy under the collective
bargaining agreement (i.e., time served shall be subsequent to the grievance procedure and an
award rendered by an arbitrator).
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
personnel file
d. Discipline involving a violation of
discrimination policy — no expungement
permanently in the individual's
the City's anti - harassment/non-
Any and all records pertaining to complaints, allegations, or investigations, against an
officer that are not "Sustained" shall be expunged and destroyed after three (3) years from the
date the investigation began.
The burden of effecting such expungement shall be on the employee.
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Section d. Investigation Completion
If an internal investigation is not completed within thirty (30) days after the initiation of
charges, the employee shall receive a written good faith estimate of the completion date upon the
employee's written request to the Chief of Police.
Article 26. Residency
Employees hired as Police officers and existing Police officers covered by this
Agreement shall have no residency requirement.
Article 27. 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.
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.
Article 28. Tuition Reimbursement
Tuition reimbursement will be at $1,500 per year with a grade of A or B.
Article 29. Use of City E -Mail System
The Union shall be permitted to send e- mails, using the City's e -mail system, to its
members for the purpose of disseminating Union information of a non - political and non-
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inflammatory nature. Said information will consist of meeting notices, negotiation updates,
Steward's names, election notices and results and the like. Any e -mail transmissions made under
this section shall be in accordance with the City's Internet Usage Policy.
Article 30. Direct Deposit
All new members of the bargaining unit covered by this Agreement shall establish and
maintain a bank account which will permit such employees to receive their paychecks via direct
deposit. All members who receive their paychecks via direct deposit as of December 24, 2006
shall continue to maintain a direct deposit account.
Article 31. Entire Agreement
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.
Article 32. Savines
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.
Article 33. 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 31 st day of December,
2009. 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.
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EXECUTED THIS day of �\ �/ 2007.
Attest:
City Clerk
Attest:
FOR THE CITY
FOR THE ASSOCIATION
F9Legal Dept\Agmement\PBPA Unit #54\2007- 2009Ugreement- Final- 7- 19- 07.DOC
24
OQUAIL"D -KIWI
DUES CHECKOFF
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"
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.
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LIUaNO101K4 3
ALTERNATIVE IMPASSE RESOLUTION PROCEDURE
WHEREAS, the provision of § 1624 (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:
Seciton 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.
Seciton 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, 2010, 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
ME
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;
(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, 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
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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 (I4) days from the date the panel list is 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
IM
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 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 patty 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, 2010 (or to January 1 in any subsequent year if the
Agreement is 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
L
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.
(e) 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.
(f) 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 (50)
days. The hearings shall be scheduled on mutually agreed dates, subject to
the reasonable availability of the arbitrator and the representatives of the
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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
ease 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:
Seciton 3. Remaining Provisions of & 1614. Except as expressly provided in this
Agreement, the parties agree that the provisions of § 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.
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APPENDIX C
UNIFORM REQUIREMENTS
Pursuant to the provision contained in Article #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)
8. 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 bolder /clipboard
39. Reflective Traffic safety vest
*Where appropriate, these items will be replaced or repaired by the City at its expense.
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