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HomeMy WebLinkAbout25-188 Resolution No. 25-188 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 2026-2028, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 5, 2025 Adopted: November 5, 2025 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, 2026 TO December 31, 2028 TABLE OF CONTENTS Page Article 1. Recognition Article 2. Management Responsibilities Article 3. Non-Interruption of Work Article 4. Wages 1 Section a. Salary Range. 1 Section b. Retroactivity 3 Section c. Longevity Pay. 4 Section d. Language Proficiency Stipend 4 Section e. Pension Pickup. 4 Section f. Crisis Intervention Training Pay .4 Section g. Roll Call Pay 4 Section h. Specialty Pay 4 Section i. Paid Call Duty 5 Article 5. Hours of Work and Overtime 5 Section a. Application of This Article 5 Section b. Normal Work Hours and Period 6 Section c. Overtime Pay 6 Section d. Court Overtime. 6 Section e. Court Standby 6 Section f. Callout. 6 Section g. Details. 7 Section h. Hirebacks. 7 Section i. Off Duty Calls 7 Section j. Selection/Assignment to Permanent Shifts 8 Section k. Biweekly Pay. 8 Section 1. Compensatory Time 8 Section m. Split Shifts .9 Section n. Duty Trades 10 Section o.No Pyramiding 10 Section p. Family Compensatory Time .10 Article 6. Life Insurance 11 Article 7. Holidays 12 Section a. Observance. 12 Section b. Christmas and New Year's Eve. 12 Section c. Remuneration. 12 Section d. Eligibility Requirements. 13 Article 8. Uniform Allowance 13 Article 9. Vacations 14 Section a. Accrual. 14 Section b. Vacation Pay. 14 Section c. Scheduling 14 Section d. Personal Day. 15 Article 10. Sick Leave 15 Section a. Accrual. 16 Section b. Conversion. 16 Section c. Disability. 17 Section d. Injury or Surgery 17 Section e. Workers' Compensation Benefits. 17 Article 11. Separation Pay 17 Article 12. Death of an Employee 17 Article 13. Medical and Health Plans 17 Section a. Medical Insurance. 18 Section b. Health Maintenance Organization. 18 Section c. Retiree Participation 18 Section d. Medical Examinations 18 Section e. City's Program For Continuation of Health Insurance 18 Section f. Section 125 Plan. 18 Section g. Health Club/Fitness Facility Memberships 19 Section h. HMO Stipend 19 Article 14. Grievance Procedure 19 Section a. Definition of a Grievance. 19 Section b. Grievance Procedure 19 Section c. Time Limits 1 I Section d. Investigation and Discussion of Grievances. )I Section e. Union Release Time. 1 I Article 15. Board of Fire and Police Commissioners 22 Article 16. Dues Checkoff 22 Article 17. Subcontracting. 22 Article 18. Use of Part-Time Police Officers, Auxiliary Police Officers, Community Service Officers or Other City Employees 22 Article 19. Light Duty Pool 23 Article 20. Safety Committee 23 ii Article 21. Peace Officers' Bill of Rights 24 Article 22. Random Drug/Alcohol Testing 24 Article 23. Impasse Resolution 24 Article 24. Fitness for Duty 24 Article 25. Employee Discipline 25 Section a. Standards of Discipline 25 Section b. Departmental Discipline 25 Section c. Investigation Completion 25 Article 26. Association Rights 26 Section a. Association Bulletin Boards 26 Section b. Stewards. 26 Article 27. Tuition Reimbursement 26 Article 28. Use of City E-Mail System .26 Article 29. Direct Deposit 26 Article 30. Body Worn Camera Policy ....27 Article 31. Entire Agreement 27 Article 32. Savings 28 Article 33. Term 28 APPENDIX A DUES CHECKOFF A-1 APPENDIX B ALTERNATIVE IMPASSE RESOLUTION PROCEDURE B-1 APPENDIX C UNIFORM REQUIREMENTS C-1 SIDE LETTER VOLUNTARY PHYSICAL FITNESS PROGRAM .. D-1 SIDE LETTER VOLUNTARY HEALTHY MINDS PROGRAM E-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 I, 2026 through December 31, 2028. Each employee represented by the Association will receive a copy of this Agreement. Article I. 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 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 (10) 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 January I,2026, the base monthly and annual salary ranges of employees covered by this Agreement shall be: I II III IV V VI VII $7,356 $7,816 $8,596 $9,186 $9,571 $10,112 $10,416 $88,274 $93,786 $103,146 $110,233 $114,850 $121,347 $124,988 The foregoing base monthly and annual salary ranges for 2026 reflect a one-time, one percent(1%) equity increase plus an across the board increase of three percent(3%) (total increase of four percent (4%). Effective January 1,2027,the base monthly and annual salary ranges of employees covered by this Agreement shall be: 1 11 111 IV V VI VII $7,577 $8,050 $8,853 $9,462 $9,858 $10,416 $10,728 $90,922 $96,600 $106,241 $113,540 $1 1 8,296 $124,988 $128,738 The foregoing base monthly and annual salary ranges for 2027 reflect an across the board increase of three percent (3%). Effective January 1,2028,the base monthly and annual salary ranges of employees covered by this Agreement shall be: I II III IV V VI VII $7,804 $8,291 $9,119 $9,745 $10,154 $10,728 $11,050 $93,650 $99,498 $109,428 $116,946 $121,845 $128,738 $132,600 The foregoing base monthly and annual salary ranges for 2028 reflect an across the board increase of three percent (3.0%). 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 2026 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, 2026. 3 Section c. Longevity 1'ay. 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 2.5% of Step VII of the Yearly Salary for the Police Officer Position 15 years but less than 20 years 3%of Step VII of the Yearly Salary for the Police Officer Position 20 years but less than 25 years 3.5% of Step VII of the Yearly Salary for the Police Officer Position 25 or more years 4.5% of Step VII 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 1LCS 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 ('all Pay. All shift employees are required to report for a one-quarter(1/4) hour roll call at the start of his/her shift. All shill employees shall be paid for such roll call pay in the amount equal to 2.5 hours at the employee's regular rate of pay per each two (2) week payroll period. Such roll call pay shall be considered salary for pension purposes and the employee shall pay the employee's pension contribution on the roll call pay while receiving the roll call pay. Section h. Specialty Pay. Officers assigned to the Evidence Response Team (ERT), SWAT Team, Drone Team, On-Call Traffic Investigation Team, Negotiations Team, K-9 Team, or any assignment that has as part of its title Detective (collectively, the"Specialty Assignments") shall receive pay equal to two percent (2%) of their base salary ("Specialty Pay"). Such Specialty 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 Specialty Pay shall be considered 4 salary for pension purposes and the employee shall pay the employee's pension contribution on the Specialty Pay while receiving the Specialty Pay. The total amount of Specialty Pay to which an officer may be paid under this Section h shall in no event exceed two percent (2%) of the officer's base salary, and an officer that is assigned to more than one (1) Specialty Assignment shall not be entitled to any additional Specialty Pay. Specialty Assignments are and shall in all respects remain subject to Elgin Police Department Standard Operating Procedure 16.2, Specialized Assignments, and all other applicable Standard Operating Procedures. Section i. Paid Call Duty. The City and the Union hereby agree that Officers assigned to the Traffic Division and/or the Major Investigations Division, may be specifically assigned to be on "paid call duty." Officers 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, Officers 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. Officers who 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. Officers may be assigned to "paid call duty" during those times when the Major Investigations Division and/or Traffic Division does not have assigned officers working on regular duty. The period of time for which an Officer may be assigned to paid call duty is hereinafter referred to as a"paid call duty shift."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 Officer is specifically assigned to be on paid call duty. In lieu of overtime, the Officer may choose to accrue compensatory time. An Officer 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. An Officer 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. Paid call duty shall be assigned on a rotating basis among the pool of available Officers within the work unit who have the requisite skills, abilities, and/or experience. The pool of available employees shall include all Officers who are not on paid time off, compensatory time,or regular days off. If there are no Officers in the pool of available employees, then Officers on a regular day off shall be subject to a paid call duty assignment. However, every Officer 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. Nothing contained in this Section shall obligate or require the City to assign an Officer to paid call duty. 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. 5 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 he unreasonably construed. This section shall not apply to holdovers. 6 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 fora 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. Section i. Off Dutyj ails. 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 7 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 I 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 he reviewed with the Association prior to implementation. Section I. CompensatoryTime. 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, 8 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 Chiefs 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. 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 Chiefs designee. The parties further agree that compensatory time shall not be utilized on holidays, weekends associated with holidays, or on Nightmare on Chicago Street event, 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. Section n. Duty 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 Chiefs 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 he paid to any employee as a result of duty trades. 9 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. Section_p. Family Compensatory Time. Employees may 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"). Employees who wish to participate in the program for Family Compensatory Time (hereinafter referred to as the"FCT Program")shall be required to enter into a program agreement with the City stating the employee'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 Section, as follows: A. Employees participating in the FCT Program will be allowed to accrue compensatory time in excess of sixty (60) hours during the term of the FCT program agreement,provided that the total amount of compensatory time accrued by an employee in the FCT Program shall not exceed four hundred eighty (480) hours. B. Any compensatory time accrued by an employee participating in the FCT 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 employee participating in the FCT program has less than sixty (60) hours of regular compensatory time during the term of the FCT program agreement, the employee may choose whether any accrued compensatory time shall be accrued in the employee's Family Compensatory Time Bank or the employee's regular compensatory time bank until such time as the employee's compensatory time is restored to sixty (60) hours. By way of example: An employee participating in the FCT Program has accrued sixty (60) hours of compensatory time. The employee continues to accrue an additional one hundred twenty (120) hours of compensatory time, which is deemed to be Family Compensatory Time. The employee then decides to utilize sixteen (16) hours of 10 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 employee's regular compensatory time bank (and not from the Family Compensatory Time). Accordingly, the employee's regular compensatory time bank is now at forty-four (44) hours. The employee may choose whether any further accrued compensatory time will be accrued as Family Compensatory Time or as regular compensatory time until the employee'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. Family Compensatory Time authorized under or accrued pursuant to this Section 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. Except as otherwise provided in this Section, an employee's accrual and use of compensatory time, including Family Compensatory Time, shall continue to be governed by Article 5, Section I of the Agreement. In accordance with said Article 5, Section 1 of the Agreement, no employee 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. The City and the Union stipulate and agree that the provisions of this Section are consistent with section 7(o) of the FLSA. For the purposes of this Section 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. Employees using Family Compensatory Time will not count toward the maximum number of officers permitted to use compensatory time contained in Article 5, Section l of this Agreement. 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 1I 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. I lolidays 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. 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 e. Remuneration. All employees covered by this Agreement 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 12 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 Requirements. If an employee uses sick time on any of the above- named holidays, that employee will only be paid straight time on the next regularly scheduled holiday that they work. Article 8. Uniform Allowance All new Police Officers will be provided at the City's expense all uniform items authorized for wear, inclusive of weapon, radio, leather gear, uniforms, and miscellaneous items, as set forth in Appendix C hereto. During their probationary period, officers shall be paid $10 on every paycheck as a cleaning allowance. Upon completion of their probationary period, officers shall be eligible for a uniform/cleaning allowance as herein provided. With the exception of the City's body armor, radio and holder, and weapon and magazines, upon successful completion of the probationary period all uniform and equipment items shall become the property of the employee, including items provided prior to January 1, 2002 under the Quartermaster system. 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. 13 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 fifth (51") anniversary Two (2) weeks - 80 hours Sixth (6th) year to eleventh (1 ith) Three (3) weeks - 120 hours anniversary Twelfth (12th)year to twenty-first Four(4) weeks - 160 hours (2 1 st) anniversary Twenty-second (22nd) year and over Five(5) weeks - 200 hours The employee's anniversary date of continuous employment from the last date of hire as a full-time employee shall be the basis of calculation for length of service. Section a. Accrual. Vacation hours are accrued each biweekly pay period if the employee is paid for a minimum of sixty (60) hours inclusive of holiday, vacation, sick leave, worker's compensation or authorized leave "with pay". An employee does not earn vacation hours while he/she is absent "without leave"; on "leave without pay"; or is using accrued vacation hours over a period of time upon retirement. Employees shall be allowed to accumulate vacation according to the provisions of city ordinance S 1 1-09, 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 first round,a second round would commence,with the most 14 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: • 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: (I) 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 15 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 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 fora 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 16 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 ban-ing 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 1 I. 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. 17 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. 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. Ha retiree fails to make the applicable monthly payment by the beginning of the month, coverage will be terminated. The right of a retiree to continue coverage under the provisions of this Article shall terminate when the retiree (1) returns to active service, (2) exercises any pension refund option available or accepts any separation benefit; (3) loses his/her rights to pension benefits or(4) dies. Section d. Medical Examinations. The City will offer to police officers a program of periodic medical examinations. Such voluntary examinations will be conducted, at a minimum, on two and four year cycles, depending on the officer's age and physical condition. The cost of such examinations will be borne by the City. The Association agrees that the voluntary medical examination program is not subject to Article 14 of this Agreement. Section e. City's Program For Continuation of Health Insurance. Bargaining unit members who meet the eligibility requirements outlined in the City Ordinance on the program for continuation of health insurance (currently Ordinance No. G70-02) shall be eligible for retiree insurance premium subsidy pursuant to the said program. 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. 18 Section g. Health Club/Fitness Facility Memberships. The City shall agree to provide a Ilealth 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. 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, 19 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 gnevance 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 agreement is reached in such discussion, the Chief, or his/her designee, will give his answer in wnting 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 City Manager. 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 20 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, 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 c. 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, concerning the enforcement of provisions of this Agreement; 4. Meet with an officer who has a grievance that reasonably requires immediate attention,provided the member of the Union Executive Board has received the prior approval through the chain of command, and, provided further that such approval will not be arbitrarily withheld. Further, accredited non-employee representatives of the Union, not to exceed three (3) in number, shall have reasonable access to the premises of the City during working hours with advance notice to the Police Chief, or his designated representatives, with conditions as thus: Such visitation shall be for the purpose of helping to resolve a problem or dispute and such visitation shall not interfere with the activities of employees who are working Should the visit be for a 21 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. 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 Iaid 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. 22 Nor shall such persons be utilized beyond their current duties and assignments for the purpose of reducing overtime opportunities for employees covered by this Agreement, with the understanding that periodic training assignments shall not be deemed as reducing overtime opportunities. Article 19. Light Duty Pool The City may require an employee who is on extended sick leave or worker's compensation leave(as opposed to disability pension)to return to work, on a 40-hour week basis, in an available light duty assignment that the employee is qualified to perform in the Police Department (e.g., maintaining records, working behind the desk, MID, community relations, communications, etc.) if the assignment is reasonable and not demeaning in nature or elsewhere in the City if the employee voluntarily consents to such assignment. The assignment will be made after 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. 23 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 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. 24 Article 25. Employee Discipline Section a. Standards of Discipline All disciplinary action against officers covered by this Agreement shall be carried out in accordance with department rules, regulations, orders, policies, procedures, City ordinance and State laws governing the discipline of law enforcement officers. The City agrees with the tenets of progressive and corrective discipline where appropriate. However, when the severity of an infraction is great, discipline outside the progression shall be considered an appropriate remedy. It should also be recognized that when using the principal of progressive discipline, all aspects of performance are taken into consideration. Individual infractions standing alone may not warrant action beyond the first,but,when viewed cumulatively with warnings and other discipline actions, more extreme action may be appropriate. No non- probationary employee may be removed or discharged, or suspended, for a period of more than five(5) calendar days, except for cause. Section h. 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 he 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. 25 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 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 k-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 he 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 26 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 parties agree this policy will be updated to include the SOP with a revised date of June 2, 2025, including the use of the AXON Respond Live Streaming feature. The parties agree that the City has already met the thirty (30) days' notice provision below, and that this revised policy may be implemented upon ratification of the 2025 CBA. Any alleged violations of the Body Worn Camera policy may be grieved by the Union. The City agrees that the police department's body worn 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 revised 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 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. Unless expressly prohibited by law, the recording officer shall have access and shall be permitted to review his or her recordings prior to completing incident reports or other documentation,provided that this fact is disclosed in the report or documentation.Unless expressly prohibited by law,officers shall have the right to review his or her body worn camera footage prior to completing any report or documents, or being subject to any "interrogation" or "informal inquiry" as defined under the Uniform Peace Officer Disciplinary Act 50 1LCS 725/1 et seq. Officers shall have the option of reviewing his or her recordings in the presence of the officer's attorney or labor representative prior to making a statement during an inten-ogation,provided that such review shall not unreasonably delay the investigatory interview. Article 31. Entire Agreement This Agreement constitutes the complete and entire agreement between the parties. This Agreement supersedes and cancels all prior practices and agreements whether written or oral which conflict with the express terms of this Agreement. The parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining and that the parties waive the right to negotiate on any issue contained in or referred to in this Agreement and that the understandings and agreements reached by the parties after the exercise of that right and opportunity are set forth in this Agreement. The Union may only demand mid-term bargaining over a City proposed change to the status quo over a mandatory subject of bargaining that is not covered by, or referred to, in this Agreement. Before making any changes in working conditions not contained, or referred to, in this Agreement which are mandatory topics of bargaining, the City shall notify the Union of its intention of the proposed change. Upon such notification, and if timely requested by the Union, 27 the City shall meet with the Union and bargain such change before it is finally implemented. The failure of the Union to timely request bargaining shall act as a waiver of the right to such bargaining by the Union. Article 32. 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, 2026, and shall remain in full force and effect until the 31st day of December, 2028. 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. EXECUTED THIS 5th day of_ November , 2025. FOR THE At st B 6W' Y City Manager Hy Clerk FOR THE ASSOCIATION Attest: By President Secretary 28 APPENDIX A DI FS 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" 13y 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. Authority for Agreement. The parties agree that the statutory authority for this Agreement is § 1614 (p)of the Illinois Public Labor Relations Act("Act"). The parties intend the provisions of this Agreement to represent and constitute an agreement to submit to an alternative form of impasse resolution any unresolved disputes concerning the wages, hours, terms and conditions of employment of the employees represented by the Association that are subject to the negotiations for a successor Agreement. Section 2. Selection of Arbitrator and Naming of Panel. The parties that should it become necessary to submit their unresolved disputes in negotiations to arbitration pursuant to § 1614, they will engage in the arbitration of impasses procedure described in the Act and the Rules and Regulations of the Illinois State Labor Relations Board ("Board"), subject to the following: (a) Service of Demand for Compulsory Interest Arbitration: The parties agree that a Demand for Compulsory Interest Arbitration filed by either party upon the other prior to January 1,2029, with respect to the negotiations for a successor Agreement shall be deemed to be a proper and timely demand as provided in the Act and the Rules and Regulations of the Board; further, that arbitration proceedings under the B-1 • 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 shall inform the AAA of this limited role by joint letter at the time the first panel is requested; 3 (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 Oilers. Within seven (7) calendar days of the service of a demand that the arbitrator selection process commence, the representatives of the parties shall meet and develop a written list of those issues that remain in dispute. The representatives shall prepare a Stipulation of Issues in Dispute for each party to then execute and for submission at the beginning of the arbitration hearing. The parties agree that only those issues listed in the Stipulation shall be submitted to the arbitrator for decision and award. It is further agreed that: (i) Each party retains the right to object to any issue on the grounds that the same constitutes a non-mandatory subject of bargaining; provided, however,that each party agrees that it will notify the other of any issue that it regards as a non-mandatory subject of bargaining not later than the first negotiation meeting where the issue is substantively discussed. Should any disputes arise as to whether a subject is a mandatory subject of bargaining, the parties agree to cooperate in obtaining a prompt resolution of the dispute by the Board pursuant to the Act and the Rules and Regulations of the Board [Section 1200.140(b)]. Either party may file a petition with the Board's General Counsel for a declaratory ruling after receiving such notice from either patty that it regards a particular issue a non-mandatory subject of bargaining 4 (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 1 in any subsequent year if the Agreement is automatically renewed) for the negotiations for a successor Agreement, provided in either instance a party has served upon the other party a timely Demand for Compulsory Interest Arbitration in accordance with the provisions of Section 2(a) above, notwithstanding any delay in the arbitrator selection process that may have occurred or any other modification of the impasse procedure described in the Act and the Rules and Regulations of the Board as a result of this Agreement. Provided one party has served on the other party a timely Demand for Compulsory Interest Arbitration in accordance with the provisions of Section 2(a) above, each party expressly waives and agrees not to assert any defense, right or claim that the 5 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 he 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. (0 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 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 6 • right to submit rebuttal evidence and testimony, as well as to submit a post- hearing brief. Post-hearing briefs shall be simultaneously submitted directly to the arbitrator, with a copy sent to the opposing party's representative, within twenty-one (21) calendar days of the conclusion of the hearings; (iv) The arbitrator's decision and award shall be issued in writing directly to each party's representative within thirty (30) days of the close of hearings or the submission of post-hearing briefs, whichever is later; (v) A mutually agreed court reporting service shall record and transcribe the hearings. The costs of the neutral arbitrator,as well as the costs of the court reporting service and a copy of the transcript for the arbitrator shall be divided equally. Each party shall be responsible for purchasing its own copy of the transcript and for compensating its witnesses and representatives: Section 3. Remaining Provisions of 1614. Except as expressly provided in this Agreement, the parties agree that the provisions of § 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 (I 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. 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#54 (the"Association"), the City and the Association agree to the following: I. 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 FEMALE Age 21-29 30-39 40-49 50+ 21-29 30-39 40-49 50+ Test: Sit and Reach 16.0 15.0 13.8 12.8 18.8 17.8 16.8 16.3 1 Minute Sit-up 37 34 28 23 31 24 19 13 Maximum Bench .98 .87 .79 .70 .58 .52 .49 .43 Press Ratio 1.5 Mile Run 13.46 14.31 15.24 16.21 16.21 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 El Protective Association, Unit 1154 By: By: President City Manager Date: ' , 2025 Date: Novembers . 2025 3 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 Protective Associa ' r, Unit 1154 By: $� By: / 6( et....," President City Manager Date: /*en, y" , 2025 Date. November 5 , 2025 4