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Home My WebLink About24-250 Resolution No. 24-250 RESOLUTION AUTHORIZING EXECUTION OF A SIDE LETTER WITH THE POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT#54 REGARDING FAMILY COMPENSATORY TIME PROGRAM 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 family compensatory time program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2024 Adopted: November 6, 2024 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 10/14/2024 SIDE LETTER BETWEEN THE CITY OF ELGIN AND THE POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT#54 (FAMILY COMPENSATORY TIME PROGRAM) 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 establishing a temporary and voluntary program providing for the accrual of additional compensatory time by sworn police officers for the sole purpose of maternity/paternity leave. WHEREAS, under Article 5, Section 1 of the Agreement, entitled "Compensatory Time," sworn police officers are able to accrue up to sixty (60)hours of compensatory time; and WHEREAS, the City and the Union have each determined it to be in their mutual best interests and in the best interests of the eligible bargaining unit employees to establish a temporary and voluntary program that would permit sworn police officers engaged in public safety activities to accrue compensatory time in excess of sixty (60)hours, provided that such compensatory time in excess of sixty (60) hours could be utilized only for maternity/paternity leave; and WHEREAS, the Fair Labor Standards Act (FLSA) authorizes the Union and the City to enter into this side letter concerning the use of compensatory time; and WHEREAS, it is agreed that the City and the Union are entering into this side letter on a nonprecedential, temporary, and experimental basis as hereinafter described. Section 1. The foregoing recitals are incorporated into this side letter in their entirety. Section 2. There is hereby established a voluntary and temporary program to permit sworn police officers engaged in public safety activities to accrue compensatory time in excess of the sixty (60) hours provided for in Article 5, Section 1 of the Agreement; provided, however, that such compensatory time in excess of sixty(60)hours shall be utilized only for maternity/paternity leave for the birth, adoption, or foster care placement of a child,or for serious related health conditions arising from the same (hereinafter referred to as "Family Compensatory Time"). Section 3. Officers that wish to participate in the program for Family Compensatory Time (hereinafter referred to as the"Program")shall be required to enter into a program agreement with the City stating the officer's desire to voluntarily participate in the program, and setting forth the terms with respect to the accrual and use of such Family Compensatory Time in accordance with the provisions of this side letter, as follows: A. Officers participating in the Program will be allowed to accrue compensatory time in excess of sixty(60)hours during the term of the program agreement,provided that the total amount of compensatory time accrued by an officer in the Program shall not exceed four hundred eighty (480)hours. 1 B. Any compensatory time accrued by an officer participating in the Program that is in excess of sixty (60) hours shall be deemed to be Family Compensatory Time. Such Family Compensatory Time shall be utilized only for maternity/paternity leave. C. Whenever an officer participating in the program has less than sixty (60) hours of regular compensatory time during the term of the program agreement, the officer may choose whether any accrued compensatory time shall be accrued in the officer's Family Compensatory Time Bank or the officer's regular compensatory time bank until such time as the officer's compensatory time is restored to sixty (60) hours. By way of example: An officer participating in the Program has accrued sixty (60) hours of compensatory time. The officer continues to accrue an additional one hundred twenty (120)hours of compensatory time, which is deemed to be Family Compensatory Time. The officer then decides to utilize sixteen (16) hours of compensatory time for a reason not qualifying as a reason for the use of Family Compensatory Time (e.g., attending a sporting event). The sixteen (16) hours of compensatory time is taken from the officer's regular compensatory time bank (and not from the Family Compensatory Time). Accordingly, the officer's regular compensatory time bank is now at forty-four (44) hours. The officer may choose whether any further accrued compensatory time will be accrued as Family Compensatory Time or as regular compensatory time until the officer's regular compensatory time bank is restored to sixty (60)hours. D. The scheduling and use of Family Compensatory Time shall be subject to approval by the City as set forth in Article 5, Section 1 of the Agreement,to the extent such approval of leave is consistent with the Family and Medical Leave Act or any other applicable law. E. The term of a program agreement shall not exceed two(2)years. At the end of the term of a program agreement, any Family Compensatory Time not utilized by the officer will be paid to the officer at the applicable hourly rate for the officer at the time of the payment. The foregoing notwithstanding,the City and an individual officer may agree in writing to extend the term of a program agreement for a specific period of time such that the term of the program agreement exceeds two (2) years where it is determined that there are extraordinary circumstances or a particular hardship supporting such an extension, in the City's sole discretion. Section 4. Family Compensatory Time authorized under or accrued pursuant to this side letter shall be utilized only for maternity/paternity leave for the birth,adoption, or foster care placement of a child,or for serious related health conditions arising from the same,and for no other purposes whatsoever,and shall run concurrently with unpaid leave under the Family and Medical Leave Act for eligible employees. Section 5. Except as otherwise provided in this side letter, an officer's accrual and use of compensatory time, including Family Compensatory Time, shall continue to be governed by Article 5, Section 1 of the Agreement. In accordance with said Article 5, Section 1 of the 2 Agreement, no officer may earn or accrue Family Compensatory Time for someone who is using any form of compensatory time, and no Family Compensatory Time may be earned or accrued by probationary employees. Section 6. The City and the Union stipulate and agree that the provisions of this side letter are consistent with section 7(o)of the FLSA. For the purposes of this side letter only,the City and the Union further stipulate and agree that any use of Family Compensatory Time for any purposes other than those authorized in this side letter would unduly disrupt the operations of the City. Section 7. 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 8. The parties agree that this side letter agreement be effective upon execution by both parties and will expire on December 31, 2025, after which it will have no further force or effect; provided, however,that the expiration of this side letter will not affect the validity of any program agreements entered into with any individual officers pursuant to this side letter prior to the expiration of this side letter. The parties expressly agree that after December 31, 2025, this side letter 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 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;provided,however, that said termination of this side letter by the City will not affect the validity of any program agreements entered into with any individual officers pursuant to this side letter prior to such termination. Section 9. 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, nor shall it be subject to the grievance procedures of the Agreement between the parties. POLICEMEN'S BENEVOLENT AND CITY OF ELGIN PROTECTIVE ASSOCIATION, UNIT#54 By: /l President Richard G. Kozal, City Manager Date: /O-1 jV ,2024 Date: November 6 ,2024 Legal Dept\Agreement\PBPA Unit#54\2022-2025\PBPA-Side Letter-Family Comp"I imr-Revised-Clean-10-14-24.docx 3