HomeMy WebLinkAbout24-134 Resolution No. 24-134
RESOLUTION
AUTHORIZING EXECUTION OF A SIDE LETTER WITH THE
POLICEMEN'S BENEVOLENT AND PROTECTIVE
ASSOCIATION, UNIT#54 REGARDING PAID CALL DUTY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute a side
letter on behalf of the City of Elgin with the Policemen's Benevolent and Protective Association,
Unit #54, regarding paid call duty, a copy of which is attached hereto and made a part hereof by
reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 8,2024
Adopted: May 8, 2024
Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SIDE LETTER BETWEEN THE CITY OF ELGIN AND THE POLICEMEN'S
BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT#54
(PAID CALL DUTY)
This side letter is intended to provide an agreement to temporarily depart from certain
provisions of the collective bargaining agreement between the City of Elgin (hereinafter referred
to as "City") and Policemen's Benevolent and Protective Association, Unit #54 (hereinafter
referred to as the "Union"), which agreement was effective January 1, 2023 (hereinafter referred
to as the "Agreement"), regarding paid call duty for certain sworn police officers that are assigned
as detectives within either the Traffic Division or the Major Investigations Division (hereinafter
referred to as"Detectives").
WHEREAS, the terms of this side letter are intended and shall apply only to eligible
bargaining unit employees assigned on a full-time basis to the position of Detective, and to no
other positions or members of the Union; and
WHEREAS, it is agreed that the City and the Union are entering into this side letter on a
nonprecedential basis for the term as hereinafter described.
Section 1. The foregoing recitals are incorporated into this side letter in their entirety.
Section 2. The City and the Union hereby agree that Detectives may be specifically assigned to
be on "paid call duty." A Detective assigned to be on paid call duty shall be required to have on
their person an assigned electronic communication device. While on paid call duty, a Detective
shall return all calls or text messages, shall at all times be and remain fit for full duty, and shall
report for duty when called to report for duty. Detectives that are called to report for duty while
on paid call duty shall arrive for work and prepared for duty within a reasonable time, and in no
event later than sixty (60) minutes from when called to report for duty.
Section 3. A Detective may be assigned to paid call duty during those times when the Major
Investigations Division and/or the Traffic Division does not have assigned detectives working on
regular duty. The period of time for which a Detective may be assigned to paid call duty is
hereinafter referred to as a"paid call duty shift." The hours of a paid call duty shift for detectives
in the Major Investigations Division shall generally be from 11:00 p.m. until 8:00 a.m. the next
day, and the hours of a paid call duty shift for detectives in the Traffic Division shall generally be
from 4:00 p.m. until 7:00 a.m. the next day. The pay for paid call duty shall be in an amount equal
to two (2) hours of overtime pay for each paid call duty shift that the Detective is specifically
assigned to be on paid call duty. In lieu of overtime, the Detective may choose to accrue
compensatory time. A detective called to regular duty from paid call duty shall, in lieu of paid call
duty for that time period, receive overtime for the hours actually worked, with a minimum of two
(2) hours of overtime pay. A Detective on paid call duty shall not be entitled to and shall not
receive any payment for a callout under Article 5, Section f of the Agreement.
Section 4. Paid call duty shall be assigned on a rotating basis among the pool of available
Detectives within the work unit who have the requisite skills, abilities, and/or experience. The
pool of available employees shall include all Detectives who are not on paid time off,
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compensatory time, or regular days off. If there are no Detectives in the pool of available
employees, then Detectives on a regular day off shall be subject to a paid call duty assignment.
However, every Detective shall have at least one regular day off per week that is not subject to a
paid call duty assignment except in the case of bona fide emergency.
Section 5. Nothing contained in this side letter agreement shall obligate or require the City to
assign a Detective to paid call duty.
Section 6. Notwithstanding anything to the contrary in the Agreement, including but not limited
to any provisions relevant to conflicting terms, in the event of any conflict between the provisions
of this side letter and the Agreement, the provisions of this side letter shall supersede and control.
Section 7. The parties agree that this side letter agreement be effective upon execution by both
parties and will be implemented with the schedule beginning May 19, 2024 , 2024, and
will expire on December 31, 2025, after which it will have no further force or effect. The parties
expressly agree that after December 31, 2025, this side letter agreement will be considered a legal
nullity and treated as if it never existed. Notwithstanding the foregoing,the City reserves the right
to unilaterally terminate this side letter agreement at any time before its expiration after consulting
the Union and giving a 14-day notice, in which case this side letter agreement will have no further
force or effect and be considered a legal nullity as if it never existed, just as if the side letter
agreement had naturally expired on December 31, 2025.
Section 8. This side letter is nonprecedential in all respects. It shall not be referred to or referenced
for any purpose other than the purposes of administration of this side letter, nor shall it be relied
upon in any future collective bargaining negotiations between the parties.
POLICEMEN'S BENEVOLENT AND CITY OF ELGIN
PROTECTIVE ASSOCIATION, UNIT#54
By: ^ By: 6
President Richard G. Kozal, City Manager
Date: c a3 , 2024 Date: May 8, 2024 , 2024
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