HomeMy WebLinkAbout23-171 Resolution No. 23-171
RESOLUTION
AUTHORIZING EXECUTION OF A SUCCESSOR COLLECTIVE
BARGAINING AGREEMENT WITH POLICEMEN'S BENEVOLENT
AND PROTECTIVE ASSOCIATION, UNIT#54
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Successor Collective Bargaining Agreement on behalf of the
City of Elgin with Policemen's Benevolent and Protective Association, Unit #54 for 2023-2025,
a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 23, 2023
Adopted: August 23, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
Between
CITY OF ELGIN
And
POLICEMEN'S BENEVOLENT AND
PROTECTIVE ASSOCIATION, UNIT #54
January 1, 2023
To
December 31, 2025
TABLE OF CONTENTS
Page
Article1. Recognition......................................................................................................................1
Article 2. Management Responsibilities..........................................................................................1
Article 3. Non-Interruption of Work................................................................................................I
Article4. Wages.........................................................................................................................I
Sectiona. Salary Range. ...................................................................................................I
Sectionb. Retroactivity.....................................................................................................3
Sectionc. Longevity Pay. .................................................................................................3
Section d. Language Proficiency Stipend.........................................................................4
Sectione. Pension Pickup.................................................................................................4
Section f. Crisis Intervention Training Pay......................................................4
Section g. Roll Call Pay...........................................................................4
Article 5. Hours of Work and Overtime..........................................................................................4
Section a. Application of This Article.. ............................................................................4
Section b. Normal Work Hours and Period.. ....................................................................5
Sectionc. Overtime Pay....................................................................................................5
Section d. Court Overtime. ...............................................................................................5
Sectione. Court Standby...................................................................................................5
Sectionf. Callout. .............................................................................................................5
Sectiong. Details. .............................................................................................................6
Sectionh. Hirebacks. ........................................................................................................6
Sectioni. Off Duty Calls...................................................................................................7
Section j. Selection/Assignment to Permanent Shifts.......................................................7
Sectionk. Biweekly Pay. ..................................................................................................7
Section 1. Compensatory Time..........................................................................................8
Sectionn. Duty Trades.....................................................................................................9
Sectiono. No Pyramiding.........................................................................9
Article6. Life Insurance..................................................................................................................9
Article7. Holidays...........................................................................................................................9
Sectiona. Observance.....................................................................................................10
Section b. Christmas and New Year's Eve.....................................................................10
Section c. Remuneration.................................................................................................10
Section d. Eligibility Requirements................................................................................10
Article8. Uniform Allowance.......................................................................................................10
Article9. Vacations .......................................................................................................................I I
i
Sectiona. Accrual. ..........................................................................................................12
Sectionb. Vacation Pay. .................................................................................................12
Sectionc. Scheduling......................................................................................................12
Section d. Personal Day.................................................................................................12
Article10. Sick Leave....................................................................................................................12
Sectiona. Accrual. ..........................................................................................................14
Section b. Conversion.....................................................................................................14
Sectionc. Disability........................................................................................................14
Section d. Injury or Surgery............................................................................................14
Section e. Workers' Compensation Benefits. .................................................................14
Article11. Separation Pay.............................................................................................................15
Article 12. Death of an Employee..................................................................................................15
Article 13. Medical and Health Plans............................................................................................15
Section a. Medical Insurance. .........................................................................................15
Section b. Health Maintenance Organization. ................................................................15
Section c. Retiree Participation.......................................................................................16
Section d. Medical Examinations.. .................................................................................16
Section e. City's Program For Continuation of Health Insurance..................................16
Section f. Section 125 Plan.............................................................................................16
Section g. Health Club/Fitness Facility Memberships....................................................16
Sectionh. HMO Stipend.................................................................................................16
Article 14. Grievance Procedure....................................................................................................17
Section a. Definition of a Grievance...............................................................................17
Section b. Grievance Procedure......................................................................................17
Sectionc. Time Limits....................................................................................................18
Section d. Investigation and Discussion of Grievances..................................................19
Sectione. Union Release Time.......................................................................................19
Article 15. Board of Fire and Police Commissioners....................................................................19
Article16. Dues Checkoff.............................................................................................................20
Article17. Subcontracting. ............................................................................................................20
Article 18. Use of Part-Time Police Officers, Auxiliary Police Officers, Community Service
Officers or Other City Employees..................................................................................20
Article19. Light Duty Pool ...........................................................................................................20
Article 20. Safety Committee ........................................................................................................21
Article 21. Peace Officers' Bill of Rights......................................................................................21
ii
Article 22. Random Drug/Alcohol Testing....................................................................................21
Article 23. Impasse Resolution......................................................................................................22
Article24. Fitness for Duty...........................................................................................................22
Article25. Employee Discipline....................................................................................................22
Section a. Standards of Discipline..................................................................................22
Section b. Departmental Discipline................................................................................23
Section c. Investigation Completion...............................................................................23
Article 26. Association Rights.......................................................................................................23
Section a. Association Bulletin Boards...........................................................................23
Sectionb. Stewards.........................................................................................................24
Article 27. Tuition Reimbursement...............................................................................................24
Article 28. Use of City E-Mail System....................................................................24
Article29. Direct Deposit................................................................................. .24
Article 30. Body Worn Camera Policy....................................................................24
Article31. Entire Agreement........................................................................................................25
Article32. Savings........................................................................................................................25
Article33. Term.............................................................................................25
APPENDIX A DUES CHECKOFF ...........................................................................................A-1
APPENDIX B ALTERNATIVE IMPASSE RESOLUTION PROCEDURE ............................B-1
APPENDIX C UNIFORM REQUIREMENTS...........................................................................C-1
iii
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, 2023 through
December 31, 2025. Each employee represented by the Association will receive a copy of this
Agreement.
Article 1. Recognition
The city recognizes the Association as the sole and exclusive bargaining representative
for all full-time employees holding the official rank of Police officer and for the purpose of
negotiating wages,hours and other terms and conditions of employment.
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, except as determined by the City for new applicants with prior
experience in Illinois as a law enforcement officer as provided below. Upon attainment of
satisfactory performance evaluation after six (6) months of employment, he/she shall advance to
1
step two (2) of the Police Patrol Officers' salary range and shall, following attainment of
satisfactory performance evaluation, except for Step VII, advance to further steps in said salary
range at twelve(12)month intervals thereafter until reaching the range maximum.
The City reserves the right in its hiring practices to offer new applicants with prior
experience in Illinois as a law enforcement officer starting pay at Step 1 through 4, depending
upon the City's consideration of the individual's prior law enforcement experience. Thereafter,
step advancement shall be set forth in the prior paragraphs of this section. In addition, the length
of the probationary period shall be unaffected by step placement. Likewise, seniority shall be
based upon date of hire as a police officer with the City, regardless of prior experience or step
placement.
Notwithstanding the foregoing regarding step advancement, employees will be eligible to
advance to Step VII on the employee's tenth(10t`) anniversary of employment as a police officer
with the City.
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 and retroactive to January 1, 2023, the base monthly and annual salary ranges
of employees covered by this Agreement shall be:
1 II III IV V VI
$6,665 $7,082 $7,788 $8,323 $8,672 $9,163
$79,984 $84,978 $93,459 $99,880 $104,064 $109,950
The foregoing base monthly and annual salary ranges for 2023 reflect an across the board
increase of three percent(3%).
Effective January 1, 2024, the base monthly and annual salary ranges of employees
covered by this Agreement shall be:
1 II III IV V VI
$6,865 $7,294 $8,022 $8,573 $8,932 $9,437
$82,384 $87,527 $96,263 $102,876 $107,186 $113,249
2
The foregoing base monthly and annual salary ranges for 2024 reflect an across the board
increase of three percent(3%).
Effective January 1, 2025, the base monthly and annual salary ranges of employees
covered by this Agreement shall be:
I II III IV V VI VIl
$7,071 $7,513 $8,263 $8,830 $9,200 $9,721 $10,012
$84,856 $90,153 $99,151 $105,962 $110,402 $116,646 $120,146
The foregoing base monthly and annual salary ranges for 2025 reflect an across the board
increase of three percent(3.0%) and the addition of a new Step VII effective January 1,2025.
The foregoing salary increases are in addition to all in-range step increases to which
employees may be eligible for on their anniversary dates during the term of this Agreement.
Any Police Officer designated at the discretion of the Police Chief as a Senior Police
Officer shall be paid no less than an additional four percent (4%) above his/her step on the
monthly, salary schedule for the period of time so designated. Any such discretional designation
shall be made from each shift after shift selections are completed each year and a shift roster
established. Designation shall be based on two criteria: interest and rating of average or above in
the most recent evaluation.
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.
Straight time hourly rate of pay shall be determined by dividing the base annual salary
(plus the crisis intervention training pay, longevity pay, field training officer pay or senior police
officer pay if applicable)by 2080.
Section b. Retroactivity. Employees who are still on the active payroll the beginning of
the next payroll period immediately following the entry into this Agreement by both parties and
those employees who have retired under the Downstate Police Pension Plan since the inception
of the city's 2023 fiscal year shall receive retroactive payment. Such payment shall be made at a
rate reflective of the difference between the pay ranges existed immediately prior to the entry
into 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, 2023.
Section c. Longevity Pay.
3
Effective January 1, 2014, 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 Amount of Annual
Longevity Pay
10 years but less than 15 years 2% of Step VI of the Yearly
Salary for the Police Officer
Position
15 years but less than 20 years 2.5% of Step VI of the
Yearly Salary for the Police
Officer Position
20 years or more 3% of Step VI of the Yearly
Salary for the Police Officer
Position
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, 2023, 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$100 per month.
Section e. Pension Pickup. The City shall "pick-up" the police officer's pension
contributions out of the police officer's salary as authorized by 40 ILCS Section 5/3-125.2 of the
Illinois Pension Code.
Section f. Crisis Intervention Training Pay. Effective and retroactive to January 1, 2023,
employees who have received and successfully passed crisis intervention training shall receive
pay equal to two percent (2%) of their base salary (CIT Pay). Such CIT 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. Such CIT Pay shall be considered for pension purposes and the
employee shall pay the employee's pension contribution on the CIT Pay while receiving the CIT
Pay
Section g. Roll Call Pay. In addition to being paid at their regular rate of pay for an eight
(8) hour shift assignment, all shift employees shall be paid for the one-quarter(1/4) hour of roll
call at their regular rate of pay. All shift employees are required to report for a fifteen (15)
minute roll call.
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.
4
Section b. Normal Work Hours and Period. The normal hours of work shall consist of a
daily eight (8)-hour shift assignment. The normal work hours for all shift employees shall also
include an additional one-quarter (1/4)-hour roll call. The normal work period shall consist of
twenty-eight (28) days, with employees being regularly scheduled for twenty (20) days of such
twenty-eight(28)-day period.
Section c. Overtime Pay. Except for roll call pay for the one-quarter(1/4) hour roll call,
employees covered by this Agreement shall be paid one and one-half times their straight-time
hourly rate of pay based on a forty(40)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 three (3) hours compensation, or his/her actual time, whichever is greater, at one
and one-half (1-1/2) times the employee's straight-time hourly rate of pay. However, an
employee attending a court call that is contiguous with his/her regularly scheduled duty time
shall be paid one and one-half(1-1/2) times his/her straight-time hourly rate of pay for actual
time worked in the court call. For court calls immediately preceding the regularly scheduled
duty day, actual time worked shall mean that time between the time the employee's presence in
court is required and the beginning of the regularly scheduled duty day. For court calls
immediately following the regularly scheduled duty day, actual time worked shall mean that time
between the time the regularly scheduled duty day ends and the time the employee's presence in
court is no longer required. No officer shall be denied a requested day off solely for the purpose
of avoiding the payment of said court overtime, provided that no officer shall request court days
off solely for the purpose of gaining court overtime. For the purposes of clarification, an
employee attending a required pretrial conference with the State's Attorney's Office while off
duty qualifies for court overtime pursuant to this Section.
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.
5
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/her 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.
The following hireback and mandating policy due to sick time, compensatory time or
other circumstances shall apply:
The shift supervisor shall send an email department wide to officers who have
made notification they wish to be on the hireback email list asking whether
officers of the same rank wish to work the shift in question. Officers shall have
fifteen (15) minutes to respond whether they wish to work the shift in question
and the officer(s) with the most seniority will be assigned the overtime for the
shift in need. This overtime coverage will be ongoing on a rotating basis based
upon seniority in the following manner: shift level first, division level second and
department wide third.
In the event of a shift shortage, and if a shift is unable to fill an assignment with
the above method and mandating an officer from the previous shift is necessary, a
shift supervisor shall pick the lowest seniority officer and mandate him/her to
work the next shift. In the event such lowest seniority officer was mandated to
work on the previous calendar day, then in such instance the next lowest seniority
officer shall be mandated to work the shift in question.
6
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 shifts (not to exceed four(4)), 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.
Each patrol shift will typically be staffed with two early cars for each shift. Absent
volunteers for this role, the lowest seniority, non-probationary officer shall fill this role. For the
purpose of this section, an "early car" shall begin his/her tour of duty beginning one (1) hour
prior to the shift start time and shall consist of a regularly scheduled work day for shift
employees as listed in Section c of this Article. Notwithstanding the foregoing, the Police Chief,
or his or her designee, shall have the discretion to not staff early cars for particular shifts based
upon bonafide operational issues including, but not limited to, such circumstances as vacation
requests, day off requests, sick leave and compensatory time usage.
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.
7
Section 1. Compensatory Time. In lieu of overtime pay, an employee may accrue up to
sixty (60) hours of compensatory time. The option of accruing compensatory time or being paid
overtime pay shall be within the sole discretion of the employee. Notwithstanding the foregoing,
no employee may earn or accrue compensatory time when working for someone who is using
compensatory time. Additionally, no compensatory time may be earned or accrued by
probationary employees. 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 sixty (60) hours of compensatory time may be carried over into a new
fiscal year. Any employee who has accrued more than sixty (60) hours of compensatory time at
the end of the fiscal year as a result of not being able to use said compensatory time through no
fault of the employee shall be paid at the applicable hourly rate on the last payroll period in the
fiscal year for all hours in excess of sixty (60). Additionally, any employee who has accrued
compensatory time shall also have the option to cash out such accrued compensatory time hours
up to sixty (60) hours of compensatory time twice per calendar year, once during the first full
pay period in July and once during the first full pay period in December to paid at the applicable
hourly rate then in effect.
Employees desiring to schedule compensatory time shall provide advance notice of at
least seventy-two (72) hours, provided that the Police Chief or his/her 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/her designee; provided, however, such requests
to schedule compensatory time shall be granted unless to do so would be unduly disruptive to the
City's operations. For purposes of this Section 1, the term "unduly disruptive" shall mean that
the Chief of Police or the Chief s designee reasonably and in good faith anticipates that the
granting of requested compensatory time would impose an unreasonable burden on the City's
ability to provide services of acceptable quality and quantity for the public during the time
requested without the use of the employee's services. Additionally, until December 31, 2023, a
maximum of four(4) employees per shift may use compensatory time, provided, however, until
December 31, 2023, more than four(4) employees on a shift may use compensatory time unless
it would require mandating other employees. Effective January 1, 2024, and until December 31,
2024, a maximum of three (3) employees per shift may use compensatory time, provided,
however, a maximum of two (2) additional employees on a shift may use compensatory time if
the employee(s) are able to find their own voluntary qualified replacement employee to work
such shift, unless authorized by the Chief of Police or the Chiefs designee. Effective January 1,
2025, a maximum of two (2) employees per shift may use compensatory time, provided,
however, a maximum of two (2) additional employees on a shift may use compensatory time if
the employee(s) are able to find a voluntary qualified replacement employee to work such shift,
unless authorized by the Chief of Police or the Chief s designee. The parties further agree that
compensatory time shall not be utilized on holidays, or weekends associated with holidays,
unless authorized by the Chief of Police or the Chiefs designee.
Section in. 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.
8
Section n. PHly Trades. Any two (2) employees may request to trade duty time so long
as the two (2) employees are determined to be fully capable to perform each other's assigned
duties for the duty time involved. Requests for such duty trades shall be submitted on the proper
form by 5:00 p.m. on the calendar day prior to the requested trade and approved by the Police
Chief or the Police Chief s designee. Such requests shall not be unreasonably denied. All
approved duty trades must be paid back no later than during the current or the two(2) subsequent
twenty-eight (28) day work periods. Notwithstanding any other provision of this Agreement, no
additional compensation shall be paid to any employee as a result of duty trades.
Section o. 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$70,000 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.
Article 7. Holidays
The employees covered by this Agreement shall have the following thirteen (13) days
considered as holidays: New Year's Day; Martin Luther King's birthday; President's Day (third
Monday in February); Easter Sunday; Memorial Day; Juneteenth (June 19); 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.
9
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 Provision
Monday the full day before Christmas
(December 24)
Tuesday, Wednesday, and Thursday one-half(1/2)day on both Christmas
Eve and New Year's Eve
Friday, Saturday and Sunday one(1)floating holiday to be taken
between Thanksgiving Day and
December 31 st
Section c. Remuneration. All employees assigned to the Patrol, Traffic or Major
Investigative Divisions shall receive an additional eight (8) hours holiday pay at their straight-
time hourly rate whether the holiday is worked or not. Further, employees in these divisions who
are scheduled and actually work on New Year's Day, Independence Day or Christmas Day shall
receive a further four hours holiday pay, thus receiving a total of an additional twelve(12) hours
holiday pay at their straight-time hourly rate.
1. All other employees who are scheduled, to work on an observed holiday shall
receive an additional eight(8)hours pay at their straight-time hourly rate.
2. All other employees who are not scheduled to work on an observed holiday but
who are called out to work on said holiday shall be paid in accordance with the
callout provisions of Article 5, Section f.
Section d. Eligibility Eauirements. In order to be eligible for holiday pay,the employee
must work his/her last full scheduled working day immediately preceding and his/her first full
scheduled working day immediately following the day observed as a holiday, unless the
employee's absence from work is excused by his/her supervisor and is chargeable to authorized
paid leave.
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
10
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, 2017, non-probationary Officers assigned to a uniformed position
will receive $1,250 each calendar year to purchase authorized uniforms and equipment as set
forth in Appendix C and to maintain and clean such uniforms and equipment. Non-probationary
officers assigned to a non-uniformed position will receive $1,250 each calendar year to purchase
authorized civilian attire; uniform items and equipment. The method of payment shall consist of
two payments, one for$625 to be issued with the paycheck for the second full payroll period in
January, and the other with the first paycheck in July.
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/her 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:
Years of Continuous Service Length of Vacation
First(1st)year to sixth(0h) Two(2)weeks- 80 hours
anniversary
Seventh(7th)year to thirteenth(13t') Three(3)weeks- 120 hours
anniversary
Fourteenth(14th)year to twenty-first Four(4) weeks - 160 hours
(21 st) anniversary
Twenty-second(22nd)year and over Five(5)weeks-200 hours
11
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. Employees shall be allowed to accumulate vacation according to the
provisions of city ordinance S 11-09,providing for the accumulation of vacation leave.
Section b. Vacation Pay. While on vacation, an eligible employee shall continue to
receive his/her regular pay.
Section c. Scheduling. For officers with assignments outside of patrol,vacations shall be
scheduled insofar as practicable at times most desired by each employee in increments of up to
two(2) weeks, with the determination of preference being made on the basis of an employee's
length of continuous service. It is expressly understood that the final right to designate the
vacation period and the maximum number of employees who may be on vacation at any one time
is exclusively reserved by the Chief of Police in order to insure the orderly performance of the
services provided by the City.
Patrol division officers shall choose vacation periods annually during the beginning of
each year, with each officer having the option to choose two (2) vacation periods per round.
That is, the most senior officer would have first choice with the option to choose either one (1)
two-week period or two (2) separate one-week periods; after making his choice(s) according to
these options,the choosing turn is presented to the second most senior officer on the shift, and so
forth, until all shift officers have had one turn. After all members of a particular watch have
been afforded the opportunity to choose vacations on the fast 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.
Section d. Personal Day.
Employees shall be provided one (1) paid personal day per calendar year. Such personal
day shall be scheduled in the same manner as vacations. Personal days cannot be carried over
into the succeeding calendar year.
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
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:
12
• 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, or when there is a pattern of sick leave absences, 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 while absent. For
the purposes of this section, a pattern of sick leave absences shall include multiple instances in a
calendar year where sick leave is taken: (1) in conjunction with another day off(e.g. scheduled
days off, vacation days, compensatory time, holidays); (2) on weekends or holidays; (3) on the
same day of the week; or(4) on a day which was previously requested by the employee as a day
off but not granted. In such instances of repetitive absences or when there is a pattern of sick
leave absences, the Chief of Police shall notify the employee and the Union that the Chief of
Police is considering placing the employee on the sick leave abuse program if repetitive absences
or a pattern of sick leave absences by the employee continue. The employee and the Union shall
have the opportunity to meet with the Chief of Police to discuss the employee's sick leave
absences prior to the employee being placed upon the sick leave abuse program. In the event
repetitive absences or a pattern of sick leave absences continue after the aforesaid notification
from the Chief of Police, the Chief of Police shall notify the employee and the Union that the
employee has been placed on the sick leave abuse program. For employees who have been
placed on the sick leave abuse program, the City may also require the employee to undergo a
physical examination(s) with a licensed practicing physician with a written report(s) on such
physical examination(s) to be provided to the City. Such written report(s) shall identify whether
the employee is incapable of working on the day in question due to personal illness or injury. At
the City's direction, such physical examination(s) shall occur on the same day(s) of a sick leave
absence. In the event the physician determines that the employee is incapable of working on the
day in question due to personal illness or injury of the employee the sick leave absence shall be
paid sick leave for such date. In the event the physician determines that the employee is capable
of working on the day in question or in the event the employee fails to report for the required
physical examination the sick leave absence shall be unpaid. At the employee's request, the City
shall make available a physician for such a physical examination(s)required by the City at a time
and location in the City of Elgin selected by the City. In the case of absences by employees on
the sick leave abuse program due to care of a covered immediate family member, the employee
shall 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. An
employee on the sick leave abuse program shall in all instances (including, but not limited to,
any grievance proceedings) have the burden of proof to establish that the use of sick leave was
for an authorized reason. The required burden of proof shall be to a reasonable degree of medical
13
certainty. Medical records of the employee shall be presumed admissible in grievance
proceedings relating to such matters. For purposes of clarification the sick leave abuse program
shall not apply to workers' compensation injuries. An employee on the sick leave abuse program
who thereafter establishes regular attendance without repetitive absences or a pattern of sick
leave abuse for a period of two (2) calendar years may submit a request to the Chief of Police to
be removed from the sick leave abuse program and in such event the Chief shall remove such
employee from the sick leave abuse program.
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 for
additional vacation leave shall be at the rate of three (3) days of sick leave for one (1) vacation
day.
1. Vacation leave conversion shall require a minimum accumulation of unused
sick leave of sixty (60) accrued sick days which is the equivalent of four
hundred eighty (480) hours of sick leave. Such conversion is limited to a
maximum of five(5)days of vacation leave in any one calendar year.
2. Employees shall be eligible for a severance sick leave conversion payment
upon separation from employment. Such severance payment shall be
equivalent to twenty-five per cent (25%) of the value of the employee's
accumulated and unused sick leave as of the effective date of the employee's
separation from employment, and shall be paid to the employee in a lump
sum, minus any applicable deductions. For purposes of this Section, the
employee's hourly wage shall be equivalent to the employee's hourly wage
rate inclusive of annual longevity pay.
Section c. Disability. Any employee who is ill or physically unable to perform his/her
duties and has used all his/her accumulated sick leave and vacation leave shall be placed on a
disability leave for a period of six (6)months. While on such disability leave the employee shall
continue to be covered by the City on the hospitalization and life insurance programs but shall
not be eligible for additional accrual of sick leave and vacation leave. Seniority shall continue to
accrue while on such leave.
Section d. Injury or Surgery. An employee on sick leave who is absent from work
because of a severe injury or surgery; or an employee on disability leave, must present, before
returning to work, a written statement by a physician certifying that he/she is capable of so
returning to work and resuming his/her full duties. This statement must be brought to the
Personnel office before authorization is given the employee to return to work.
Section e. 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
14
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). At
retirement, an employee shall, to the extent permitted by law, have the option of depositing all
unused vacation and unused sick time payouts into a Section 457 account.
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.
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, 2014, the City will offer the
previously agreed upon PPO medical insurance plan for the employee and his/her dependents.
Employees hired prior to July 1, 2012, shall pay 12% of the total cost of the premium for the
insurance coverage selected and the City shall pay the remaining amount. Employees hired on or
after July 1, 2012, shall pay 20% of the total cost of the premium for the insurance coverage
selected and the City shall pay the remaining amount. Effective January 1, 2023, the annual
deductibles for the PPO1 medical insurance plan(a/k/a Blue Choice Options PPO1 Plan) shall be
in network tier 1 deductibles of$500 for an individual and $1,000 for a family, in network tier 2
deductibles of$1,500 for an individual and $3,000 for a family, and out of network deductibles
of$1,800 for an individual and$5,400 for a family.
Section b. Health Maintenance Organization. Effective March 1, 2014, the employee
may as an option elect to participate in the previously agreed upon HMO. Employees hired
prior to July 1, 2012, shall pay 12% of the total cost of the premium for the insurance coverage
selected and the City shall pay the remaining amount. Employees hired on or after July 1, 2012
shall pay 20% of the total cost of the premium for the insurance coverage selected and the City
shall pay the remaining amount.
15
Section c. Retiree Participation. An employee who retirees with at least twenty (20)
years of full-time active service with the City can elect to continue in the group medical plan
upon retirement said participation shall be available only as continuous coverage and with the
retiree paying 100% of the applicable premium, payable in advance on a monthly basis to the
Human Resources Department or through authorized deductions from the retiree's monthly
pension payment. If a retiree fails to make the applicable monthly payment by the beginning of
the month, coverage will be terminated. The right of a retiree to continue coverage under the
provisions of this 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. Citv'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. Notwithstanding the foregoing
or anything to the contrary in Ordinance G70-02, as amended, employees hired on or after July
1, 2012, shall not be eligible for a retiree insurance premium subsidy and shall not be eligible to
continue to participate in the City's group health insurance plan pursuant to Ordinance No. G70-
02, as amended.
Section f. Section 125 Plan. The City shall maintain a Section 125 plan.
Section% Health Club/Fitness Facility Memberships. The City shall agree to provide a
Health Club Membership benefit, applicable only at the Centre of Elgin, for all covered
Bargaining Unit Employees. The value of such membership shall be equal in amount to what is
currently defined as the Gold Membership level. Should the City, during the term of this
Agreement, increase the cost of such Gold Membership, or its equivalent, the amount of benefit
per covered Bargaining Unit member shall increase accordingly.
Section h. HMO Stipend. Any employee who provides the City with a written
commitment to opt for coverage under the City's HMO insurance plan for a four year period on a
form provided by the City shall receive a one-time cash payment of $1,000 within two pay
periods from the close of open enrollment and the employee's submission of the aforementioned
form. In the event any such employee fails to fulfill or otherwise breaches said aforementioned
four year written commitment, such employee shall agree to refund the aforementioned$1,000 to
the city at the rate of$100 per pay period if such employee was previously covered under the
City's HMO insurance plan prior to the date of the aforementioned written commitment. If the
breaching employee was covered under the City's PPO insurance coverage, such employee shall
refund the City a proportionate share of the $1,000 on a pro rata basis at the rate of$100 per pay
period. Employees hired on or after July 1, 2012, shall not be eligible for the aforementioned
stipend.
16
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. Disciplinary
grievances involving verbal reprimands shall be limited to Step 4 of the grievance procedure and
shall not be eligible or referred to Step 5 arbitration. 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 fourteen(14) calendar days of the occurrence
of the circumstances giving rise to the grievance or within fourteen (14) 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
fourteen(14)calendar days of the discussion of the grievance.
STEP 2: Appeal to Commander of the Division. If the grievance is not settled in Step 1,
the aggrieved employee within fourteen(14)calendar days following receipt of the Direct
Supervisor's answer shall file with the Commander of the Division, or if there is no
Commander of that Division the Deputy Chief, 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
Commander of the Division, or if there is no Commander of that Division the Deputy
Chief, shall contact the grievant within fourteen (14) calendar days of receipt of the
written grievance to schedule a mutually agreeable date and time when the employee and
the Association representative, if so requested by the employee; will discuss the
grievance with the Commander of the Division, or if there is no Commander of that
Division the Deputy Chief; or his/her designee: The Commander of the Division, or if
there is no Commander of that Division the Deputy Chief, or his/her designee, shall give
a written answer in fourteen (14) 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 fourteen
(14) 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 fourteen (14) 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/her designee, can discuss the grievance. If no
17
agreement is reached in such discussion, the Chief, or his/her designee, will give his
answer in writing within fourteen(14)calendar days of the discussion. If the grievance is
denied,the specific reason or reasons shall be set forth.
STEP 4: Appeal to Cityy anager. If the grievance is not settled in Step 3 and the
Association decides to appeal, the Association shall, within fourteen (14) 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 fourteen (14) 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/her designee, and the appropriate Association representative will be
held at a mutually agreeable time. If no settlement is reached at such meeting, the City
Manager, or his/her 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. The parties may by mutual written agreement waive the requirement of STEP 4 of
the grievance process.
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
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 above,
18
the grievance shall be deemed settled in favor of the City, and the Union may immediately
appeal to the next step. 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 of Labor, Vice President of Social, Treasurer, Secretary,
Sergeant of Arms and Philanthropist, 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, conceming 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.
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. Notwithstanding the foregoing, it is agreed that notwithstanding the Board of
Fire and Police Commission current rule which requires a bachelor's degree as a condition for
promotion, there shall be no educational requirement which bars the promotion of any employee
covered by 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.
19
Article 16. Dues Checkoff
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. In the event any employee covered by this
Agreement provides the City a written revocation of a voluntary signed written dues
authorization card,the City will discontinue deducting dues from such employee.
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.
Notwithstanding the foregoing, or anything else to the contrary in this Article, for the
purposes of clarification, Auxiliary Police Officers are permitted to perform all duties associated
with or relating to bond call/pretrial detention hearings.
Article 19. Light Duty Pool
The City may require an employee who is on extended sick leave or worker's
compensation leave (as opposed to disability pension) to return to work, on a 40-hour week
basis, in an available light duty assignment that the employee is qualified to perform in the
Police Department (e.g., maintaining records, working behind the desk, MID, community
relations, communications, etc.) if the assignment is reasonable and not demeaning in nature or
20
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.
Article 22. Random Drug/Alcohol Testing
The City shall be authorized to conduct random drug/alcohol test sampling at its
discretion. Such testing shall be conducted under the conditions that are established by the
D.O.T. and further, such testing will be limited to no more than 25% of covered employees per
21
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 Duty
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. Employees shall be informed in
writing 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. Empooyee 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.
The City agrees with the tenets of progressive and corrective discipline where
appropriate. However, when the severity of an infraction is great, discipline outside the
progression shall be considered an appropriate remedy. It should also be recognized that when
using the principal of progressive discipline, all aspects of performance are taken into
consideration. Individual infractions standing alone may not warrant action beyond the first,but,
when viewed cumulatively with warnings and other discipline actions, more extreme action may
22
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/her 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. 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.
An officer shall be notified in person within 48 hours of the opening of a report of inquiry
for complaints generated internally or externally. For the purposes of this section, the opening of
a report of inquiry for a complaint shall be defined as the date a report of inquiry number is
assigned to such a complaint. In the event a complaint is filed against an unnamed officer the
opening of a report of inquiry shall be defined as the later of the date a report of inquiry number
is assigned to such a complaint and the unnamed officer is identified. When an in person
meeting is not practicable, the officer shall be notified via a department email. Additionally, an
officer shall be notified of the nature of the complaint which was generated as long as the
information provided will not hinder or impede the pending investigation.
The failure of the City to provide such notices or information shall not limit the City's
authority to investigate such a complaint or to impose discipline with respect thereto.
Article 26. 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
23
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 27. Tuition Reimbursement
Tuition reimbursement will be at$1,500 per year with a grade of A or B.
Article 28. 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-
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 29. 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 30. Body Worn Camera Policy
The police department's current body worn camera policy is provided for in Elgin Police
Department Standard Operating Procedure Body Worn Cameras 41.10, revised date September
7, 2021. The City agrees that the police department's body wom camera policy shall be in
conformance with the Law Enforcement Officer-Worn Body Camera Act at 50 ILCS 706/10-1,
et seq., as amended (the "Act"). The City and the Union agree that the City's current body worn
camera policy is in conformance with the Act. Other than changes to conform with the Act,
before any changes are made to the police department's body worn camera policy, the Police
Chief shall provide thirty (30) days written notice to the Union setting forth the changes and the
24
reasons and the Union shall be given thirty (30) days from such notice to provide its input to the
Police Chief. No such changes shall be made until such time as this procedure has been
complied with.
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 33. Savings
If any provision of this Agreement is subsequently declared by legislative or judicial
authority to be unlawful, unenforceable, or not in accordance with applicable statutes or
ordinances, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement, and the parties shall promptly meet for the purpose of negotiating a
lawful substitute provision.
Article 33. Term
Unless specifically provided otherwise,this Agreement shall be effective as of January 1,
2023 and shall remain in full force and effect until the 31 st day of December, 2025. 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.
[SIGNATURE PAGE BELOW]
25
EXECUTED THIS 23 day of August , 2023.
FOR THE CITY
A st: By
City Manager
City Clerk
FOR THE ASSOCIATION
Attest: By
OF President
tary
Legal Dept\Agreement\PBPA Unit#54\2022-2025\Agreement-Clean-8-16-23.docx
26
APPENDIX A
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.
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 an eighteen (18) month probationary
status.
There shall be one copy of the checkoff sheet sent to the Policemen's Benevolent and
Protection Association. All money so deducted shall be paid bi-weekly on payroll days (the
Friday immediately following the payroll period). The employee request forms shall be as
follows:
"Payroll Deduction Authorization"
By
Last Name First Name Middle
Effective:
I hereby request and authorize you to deduct
bi-weekly from my earning union dues or service
charge equal to $ annually. The,
amount deducted shall be paid to the Policemen's
Benevolent and Protective Association, Unit#54.
Signed:
Address:
A-1
APPENDIX B
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:
Section 1. Authorily for Agreement. The parties agree that the statutory authority for
this Agreement is § 1614 (p) of the Illinois Public Labor Relations Act ("Act"). The
parties intend the provisions of this Agreement to represent and constitute an agreement
to submit to an alternative form of impasse resolution any unresolved disputes concerning
the wages, hours, terms and conditions of employment of the employees represented by
the Association that are subject to the negotiations for a successor Agreement.
Section 2. Selection of Arbitrator and Naming of Panel. The parties that should it
become necessary to submit their unresolved disputes in negotiations to arbitration
pursuant to § 1614, they will engage in the arbitration of impasses procedure described in
the Act and the Rules and Regulations of the Illinois State Labor Relations Board
("Board"), subject to the following:
(a) Service of Demand for Compulsory Interest Arbitration: The parties agree that a
Demand for Compulsory Interest Arbitration filed by either party upon the other
prior to January 1, 2026, 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
B-1
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
2
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
3
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
4
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, 2026 (or to January I 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
5
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 (90)
days. The hearings shall be scheduled on mutually agreed dates, subject to
the reasonable availability of the arbitrator and the representatives of the
6
parties and shall be concluded within thirty (30) days of the date of the
first hearing;
(iii) The party requesting arbitration shall proceed with the presentation of its
case first, followed by the non-requesting party. Each party shall have the
right to submit rebuttal evidence and testimony, as well as to submit a
post-hearing brief. Post-hearing briefs shall be simultaneously submitted
directly to the arbitrator, with a copy sent to the opposing party's
representative, within twenty-one (21) calendar days of the conclusion of
the hearings;
(iv) The arbitrator's decision and award shall be issued in writing directly to
each parry's representative within thirty (30) days of the close of hearings
or the submission of post-hearing briefs, whichever is later;
(v) A mutually agreed court reporting service shall record and transcribe the
hearings. The costs of the neutral arbitrator, as well as the costs of the
court reporting service and a copy of the transcript for the arbitrator shall
be divided equally. Each party shall be responsible for purchasing its own
copy of the transcript and for compensating its witnesses and
representatives:
Section 3. Remaining Provisions of & 1614. Except as expressly provided in this
Agreement, the parties agree that the provisions of§ 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.
7
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.
C-1
SIDE LETTER BETWEEN THE CITY OF ELGIN
AND THE POLICEMEN'S BENEVOLENT and
PROTECTIVE ASSOCIATION,UNIT#54
(VOLUNTARY PHYSICAL FITNESS PROGRAM)
In an effort to enhance physical fitness among the employees covered by the collective
bargaining agreement (the "Agreement") between the City of Elgin (the "City") and the
Policemen's Benevolent and Protective Association, Unit 454 (the "Association"), the City and
the Association agree to the following:
1. Beginning in 2012, every employee covered by the Agreement will have one
opportunity annually to schedule an appointment for a physical fitness test.
Employees will have one opportunity to reschedule the test,but will be allowed to
take the test only once each year. The test must take place prior to November 1 of
every year.
2. The employee will complete and sign a waiver and release in a form prepared by
the City which indicates that he/she is voluntary taking the physical fitness test
and will not hold the City or any of its officials, officers, employees or agents
liable for any injuries or illness that occurs as a result of his/her participation in
the testing process.
3. Successful completion of the physical fitness test will result in(i) the payment of
a physical fitness premium of $400 payable with the first payroll check in
December of the year the employee successfully completes the physical fitness
test, and (ii) the award of one (1) personal day. If the employee successfully
completes the physical fitness test prior to July 1 in a calendar year, the personal
day will be available for use within thirty (30) days and must be used by the
employee prior to the end of such calendar year. If the employee successfully
completes the physical fitness test after July 1 in a calendar year, the personal day
will be available for use by the employee in January of the following year and
must be used by the employee during the calendar year of such following year.
4. It is understood that this physical fitness program is a voluntary program.
Employees who participate in the physical fitness test will do so only during off-
duty hours without compensation.
5. Any injury, illness or death that results from participation in this voluntary
physical fitness program will not be considered an on-duty injury or death in the
performance of duty and shall not be considered an accidental injury arising out
of or in the course of employment with the City.
6. No employee shall be discharged, suspended, relieved from duty, or disciplined in
any manner under or relating to the physical fitness program provided for in this
side letter.
7. The physical fitness test to be utilized is based upon the Peace Officer Wellness
Evaluation Report (POWER) test established by the Illinois Law Enforcement
Training and Standards Board. Employees must pass every test and meet at least
the standards set forth below to qualify for the physical fitness premium:
MALE fFMALE
Age 21-29 30-39 40-49 50+ 29 30-39 40-49 50+
Test:
Sit and Reach 16.0 15.0 13.8 12.88 17.8 16.8 16.3
1 Minute Sit-u 37 34 28 23 24 19 13
Maximum Bench .98 .87 .79 .70 .52 .49 .43
Press Ratio1.5 Mile Run 13.46 14.31 15.24 16.221 1 16.52 17.53 18.44
8. No aspect of this side letter or the physical fitness program described herein shall
be subject to the grievance procedure including, but not limited to, test standards,
the results of testing or the medical status of an employee who is injured
participating in the program.
Policemen's Benevolent and City of Elgin
Protective As ociation, Unit#54
By: By:
President City Manager
Date: hAes7 17 11 , 2023 Date: August 23 92023
SIDE LETTER BETWEEN THE CITY OF ELGIN AND THE POLICEMEN'S
BENEVOLENT AND PROTECTIVE ASSOCIATION,UNIT#54
GRIEVANCE ORIGINALLY DATED JANUARY 12,2023 REGARDING MEDICAL
AND HEALTH INSURANCE CHANGES
The City of Elgin (the "City") and the Policemen's Benevolent and Protective Association, Unit
#54 (the "Association")hereby agree that the City and the Association have resolved the pending
grievance filed by Officer Jonathan Cox and the Association originally dated January 12, 2023,
regarding alleged substantial medical and health insurance coverage changes (the "Cox
Grievance"). The Association on behalf of Officer Jonathan Cox and on behalf of the
Association hereby withdraws the pending "Cox Grievance" with prejudice and agrees not to
pursue such grievance and/or the claims therein. The City agrees to reimburse the following
employees the eligible HCA balance rollover amount as of December 31, 2022, for the former
HCA plan through a credit on payment of future medical and health insurance premiums by the
employee: Jonathan Cox $1,000; Daniel Diveley $1,000; Jimmy Mendez $22.01; and Martin
Vega$498.92.
This side letter is nonprecedential in all respects.
Policemen's Benevolent and City of Elgin
Protectiv ssociation, Unit#54
By: B 7
;�
resident City Manager
Date: 6,usr 17m , 2023 Date: August 23 2023
SIDE LETTER BETWEEN THE CITY OF ELGIN AND THE POLICEMEN'S
BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT#54
(VOLUNTARY HEALTHY MINDS PROGRAM)
In an effort to enhance the mental health among the employees covered by the collective
bargaining agreement between the City of Elgin (the "City") and the Policemen's Benevolent
and Protective Association, Unit #54 (the "Association"), the City and the Association agree to
the following:
1. Beginning January 1, 2023, every employee covered by the Agreement who annually
completes the Elgin police department's healthy minds program shall be awarded one (1)
personal day. If the employee successfully completes the healthy minds program prior to
July 1 in a calendar year, the personal day will be available for use within thirty(30)days
and must be used by the employee prior to the end of such calendar year. If the employee
successfully completes the healthy minds program after July 1 in a calendar year, the
personal day will be available for use by the employee in January of the following year
and must be used by the employee during the calendar year of such following year.
2. It is understood that the nature and extent of the healthy minds program and the
determination of the successful completion thereof shall be as determined by the City and
that participation in the healthy minds program is a voluntary program.
3. No aspect of this side letter or the healthy minds program referenced herein shall be
subject to the grievance procedure.
4. This side letter is nonprecedential in all respects.
Policemen's Benevolent and City of Elgin
Protectiv sso iation, Unit#54
By: By:�'lPresident City Manager
rn
Date: kyka57 ,2023 Date: August 23 2023