95-1109 EPD 95- tto9
AGREEMENT
Between
CITY OF ELGIN
And
UNIT #54
ELGIN POLICE ASSOCIATION
1994-1996
TABLE OF CONTENTS
Page
Item 1. Recognition 1
Item 2. Management Responsibilities 1
Item 3. Non-Interruption of Work 1
Item 4. Wages 2
Section a. Salary Range 2
Section b. Retroactivity 3
Section c. Pension Pickup 3
Item 5. Hours of Work and Overtime 3
Section a. Application of This Article 3
Section b. Normal Work Period 3
Section c. Overtime Pay 4
Section d. Court Overtime 4
Section e. Court Standby 4
Section f. Callout 4
Section g. Details 5
Section h. Hirebacks 5
Section i. Off Duty Calls 5
Section j. Permanent Shift 5
Section k. Biweekly Pay 5
Section 1. Compensatory Time 5
Section m. Split Shifts 6
Section n. No Pyramiding 6
Item 6. Life Insurance 6
Item 7. Holidays 7
Section a. Observance 7
Section b. Christmas and New Year's Eve 7
Section c. Remuneration 7
Section d. Eligibility Requirements 8
Item 8. Quartermaster System 8
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Item 9. Vacations 8
Section a. Accrual 9
Section b. Vacation Pay 9
Section c. Scheduling 9
Item 10. Sick Leave 9
Section a. Accrual 10
Section b. Conversion 10
Section c. Disability 10
Section d. Injury or Surgery 11
Section e. Sick Leave Bonus 11
Section f. Sick Leave Occurrence Program 11
Item 11. Separation Pay 11
Item 12. Death of an Employee 11
Item 13. Medical and Health Plans 12
Section a. Medical Insurance 12
Section b. Health Maintenance Organization 12
Section c. Retiree Participation 12
Section d. Medical Insurance Plan Variations 12
Section e. Medical Examinations 12
Item 14. Grievance Procedure 13
Section a. Definition of a Grievance 13
Section b. Grievance Procedure 13
Section c. Time Limits 14
Section d. Investigation and Discussion of Grievances 14
Section e. Board of Fire and Police Commissioners 15
Item 15. Entire Agreement 15
Item 16. Savings 15
Item 17. Board of Fire and Police Commissioners 15
Item 18. Dues Checkoff and Fair Share 16
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Item 19. Subcontracting 17
Item 20. Use of Reserve Police Officers, Auxiliary Police Officers and Community
Service Officers 17
Item 21. Light Duty Pool 18
Item 22. Safety Committee 18
Item 23. Police Officers' Bill of Rights 19
Item 24. Drug and Alcohol Testing 19
Item 25. Impasse Resolution 20
Item 26. Fitness for Duty 20
Item 27. Employee Discipline 20
Section a. Standards of Discipline 20
Section b. Departmental Discipline 21
Section c. Expungement of Records 21
Item 28. Residency 21
Item 29. Association Rights 22
Section a. Association Bulletin Boards 22
Section b. Stewards 22
Item 30. Term 23
APPENDIX A
APPENDIX B
APPENDIX C
SIDE LETTER
AGREEMENT
This Agreement is made by and between the City of Elgin (herein called "City") and the
Elgin Police Association, Local #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 December 26, 1993 through December 21,
1996. Each employee represented by the Association will receive a copy of this Agreement.
Item 1. Recognition
The City recognizes the Association as the sole and exclusive bargaining representative
for all full-time employees holding the official rank of Police Officer and for the purpose of
negotiating wages, hours and other terms and conditions of employment.
Item 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.
Item 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 Elgin Board of Fire and Police Commissioners. 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.
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Item 4. Wages
Section a. Salary Range. The beginning Police Patrol Officer shall start at step one of
the salary range set forth below. Upon attainment of satisfactory performance evaluation after
six (6) months of employment, he/she shall advance to step two (2) of the Police Patrol Officers'
salary range and shall, following attainment of satisfactory performance evaluation, advance to
further steps in said salary range at twelve (12) month intervals thereafter until reaching the
range maximum.
Any Police Patrol Officer receiving an unsatisfactory performance evaluation required
for the above advancements shall be reviewed again within ninety (90) days of the unsatisfactory
evaluation. Step increases covered in this provision may not be withheld for a period longer
than ninety (90) days from the date of the officer's original unsatisfactory evaluation. If an
officer believes that he/she has been unreasonably denied a step advancement based on an
unsatisfactory evaluation, he/she may file a grievance in accordance with the provisions of Item
14 of this Agreement.
Effective December 26, 1993, the base range of employees covered by this Agreement
shall be:
I II III IV V VI
2662 2828 3113 3291 3464 3662
31944 33936 37356 39492 41568 43944
Effective December 25, 1994, the base range of employees covered by this Agreement
shall be:
I II III IV V VI
2742 2913 3206 3390 3568 3772
32904 34956 38472 40680 42816 45264
Effective December 24, 1995, the base range of employees covered by this Agreement
shall be:
I II III IV V VI
2824 3000 3302 3492 3675 3885
33888 36000 39624 41904 44100 46620
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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 for the period of time so designated.
Section b. Retroactivity. Employees covered by this Agreement who are still on the
active payroll the beginning of the next payroll period immediately following the ratification of
this Agreement by both parties shall receive a retroactive payment. Said payment shall be made
at a rate reflective of the difference between the pay ranges existing immediately prior to the
ratification of this Agreement and the new salary ranges reflected in Section a. above. Payment
shall reflect this difference on an hour by hour basis for all regular hours compensated since
December 26, 1993. Included in regular hours compensated shall be all paid leave, overtime
hours and holiday additional hours.
Section c. Pension Pickup. Contingent upon obtaining a favorable I.R.S. Letter Ruling,
the City shall "pick-up" the police officer's pension contributions out of the police officer's
salary as authorized by 40 ILCS Section 5/3-125.2 of the Illinois Pension Code. The Union
shall be responsible for obtaining the required Section 414(h)(2) Letter Ruling from the I.R.S.
and the costs for the I.R.S. Letter Ruling shall be paid by the Elgin Police Pension Board. The
City shall cooperate with the Union in obtaining the Letter Ruling from the I.R.S.
Item 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 guarantee of hours of work per day or per week, or guarantee of days of work
per week.
Section b. Normal Work Period. The normal work period of employees assigned to
work on a twenty-four (24) hour shift operation (herein called "shift employees"), shall not
exceed fourteen (14) days. The normal work hours shall be based on an average forty-one and
one-quarter (41-1/4) hour work week consisting daily of an average eight (8) hour shift
assignment and an average one-quarter (1/4) hour training period. The normal work period of
all other employees (herein called "non-shift employees") shall not exceed fourteen (14) days
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with normal work hours based on an average forty (40) hour work week. Except where
approved by the Chief of Police or his designee, no employee shall work more than eighteen
(18) hours in any 24-hour period. This provision shall not apply to court time, training time or
other off-duty employment.
Section c. Overtime Pay. Employees covered by this Agreement shall be paid one and
one-half times their straight-time hourly rate of pay based on a forty-one and one-quarter (41-
1/4) hour average workweek for all time in excess of twenty (20) minutes following the regularly
scheduled workday or for court calls during non-scheduled work period.
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.
Section d. Court Overtime. An employee attending court while off-duty shall receive
a minimum of two (2) 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 schedule 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.
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 back to work(excluding court calls in other than
a court standby situation) while off duty after having completed his/her assigned work shall
receive a minimum of two (2) 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. This section
shall not apply to holdovers.
The foregoing minimum of two (2) hours compensation for a callout shall not be
applicable where there is reason to call an employee back to correct an error or mission which
needs to be done before the employee's next scheduled shift. If the Association believes that
the City is arbitrarily and unreasonably using this provision without sufficient justification, the
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Association may grieve the matter. If an arbitrator upholds the Association's grievance, the
provisions of this paragraph shall not be implemented for the balance of the term of this
Agreement.
Section g. Details. A detail list shall be established for all sworn members of the Police
Department who wish to participate on details. Overtime details shall be available as much as
possible to everyone on the detail list. Details shall be assigned on a rotating basis and where
a specific officer is requested by a customer for a detail, such request shall be reviewed by the
Chief or his designee to ensure that some degree of equity is maintained in the assignment of
details.
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.
Section i. Off Duty Calls. If an officer is required to make an off duty telephone call,
the officer shall receive one-half hour pay at time and one-half.
Section 1. Permanent Shift. The City shall maintain the current concept of assigning
permanent shifts by seniority in accordance with the policy established in General Order 85 A2.
Nothing herein shall be interpreted to preclude the Police Chief or his designee from making
assignments for expediency and smooth operation of the department. 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 of such officer back to his former shift as soon as
possible. It is further agreed that, as much as possible, days off shall be granted as requested
and employees shall be allowed weekends before and after scheduled vacations off. Absent
emergency circumstances justifying a deviation, duty trades shall be limited to six (6). If there
is any conflict between the specific provisions of this Section and any of the specific provisions
of a departmental general order, including General Order 85 A2, the specific provisions of this
Section shall govern.
Section k. Biweekly Pay. The City shall continue its current practice relating to paying
employees biweekly (i.e., once every two weeks); provided that if the City determines that
changes are necessary, any such changes shall be reviewed with the Association prior to
implementation.
Section 1. Compensatory Time. In lieu of overtime pay, an employee may accrue up
to forty-eight (48) hours of compensatory time. The option of accruing compensatory time or
being paid overtime pay shall be within the sole discretion of the employee. For each hour of
overtime for which the employee would have been paid time and one-half, the employee shall
be granted one and one-half (1-1/2) hours of compensatory time.
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Compensatory time may not be carried over into a new fiscal year. Any employee who
has accrued compensatory time at the end of the fiscal year as a result of not being unable 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.
Employees desiring to schedule compensatory time shall provide advance notice of at
least seventy-two (72) hours, provided that the Police Chief or his designee can waive this
advance notice requirement on a case-by-case basis. The scheduling of compensatory time shall
be within the discretion of the Police Chief or his designee; provided, however, such requests
to schedule compensatory time shall not be denied or withheld arbitrarily. Both parties agree
that a request to schedule compensatory time will not be granted if it would require the
hireback/holdover of another employee.
Section m. Split Shifts. In the absence of a legitimate operation need, employees shall
not be involuntarily assigned to a split shift. It shall not be considered a legitimate operational
need to assign an employee to a split shift solely to avoid paying an employee overtime pay or
compensatory time.
Section n. No Pyramiding. Compensation shall not be paid more than once for the same
hours under any provision of this Item or Agreement.
Item 6. Life Insurance
Effective the beginning of the first month immediately following the ratification of this
Agreement by both parties, the City shall provide each employee covered by this Agreement
who has been employed full-time for thirty (30) days or more with a paid $25,000 group term
life insurance policy (including accidental death and dismemberment).
It is agreed that the City's obligation under this Item 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 provided under this Item directly to
employees or their dependents or beneficiaries.
The City retains the right to change insurance carriers or otherwise provide for coverage
(e.g., self-insurance) as long as the level of benefits remains substantially the same.
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Item 7. Holidays
The employees covered by this Agreement shall have the following eleven (11) days
considered as holidays: New Year's Day; President's Day (third Monday in February); Easter
Sunday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran's Day;
Thanksgiving Day; the afternoon four (4) hours on Christmas Eve; Christmas Day; and the
afternoon four (4) hours on New Year's Eve.
Section a. Observance. The standard observance of recognized holidays will be on the
day they occur. However, for non-shift employees working Monday through Friday, when a
holiday falls on a Sunday, the following Monday shall be observed as the holiday; or when a
holiday falls on a Saturday, the preceding Friday shall be observed as the holiday, except as
provided in Section b. of this Item.
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 one-half (1/2) day on both Christmas Eve
and Thursday and New Year's Eve
Friday, Saturday and Sunday one (1) floating holiday to be taken between
Thanksgiving Day and December 31st.
Section c. Remuneration. All employees assigned to the Patrol, Traffic or Major
Investigative Divisions shall receive an additional eight (8) hours holiday pay at their straight-
time hourly rate whether the holiday is worked or not. Further, employees in these divisions
who are scheduled and actually work on New Year's Day, Independence Day or Christmas Day
shall receive a further four (4) hours holiday pay, thus receiving a total of an additional twelve
(12) hours holiday pay at their straight-time hourly rate.
1. All other employees who are scheduled to work on an observed holiday shall
receive an additional eight (8) hours pay at their straight-time hourly rate.
2. All other employees who are not scheduled to work on an observed holiday but
who are called out to work on said holiday shall be paid in accordance with the
callout provisions of Item 5, Section f.
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Section d. Eligibility Requirements. In order to be eligible for holiday pay, the
employee must work his/her last full scheduled working day immediately preceding and his/her
first full scheduled working day immediately following the day observed as a holiday, unless the
employee's absence from work is excused by his/her supervisor and is chargeable to authorized
paid leave.
Item 8. Quartermaster System
Effective on or before January 1, 1992, a quartermaster system will be instituted in lieu
of a uniform allowance whereby the City will provide to new officers and replace at no cost to
the employee required uniform/equipment items through vendors selected by the City as they
become worn out or damaged, provided that the employee must turn in worn out/damaged
uniform item(s) to the staff officer designated by the Police Chief and receive approval from said
staff officer to replace the item(s), provided said approval shall not be arbitrarily denied. Except
for the original issuance of required uniform/equipment items, any employee who does not turn
in worn out/damaged uniform items shall be required to pay for the replacement. 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. The Police Chief or his
designee may establish reasonable rules and policies concerning the use and wearing of
uniforms. Any equipment items provided by the City pursuant to the quartermaster system shall
be returned to the City upon separation of employment.
Item 9. Vacations
Employees covered by this Agreement who have been employed by the City for a period
of at least one year shall be entitled to a vacation as follows:
Years of Continuous Service Length of Vacation
First (1st) year to sixth (6th) anniversary Two (2) weeks - 80 hours
Seventh (7th) year to thirteenth (13th) Three (3) weeks - 120 hours
anniversary
Fourteenth (14th) year to twenty-first Four (4) weeks - 160 hours
(21st) 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.
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Section a. Accrual. Vacation hours are accrued each biweekly pay period if the
employee is paid for a minimum of sixty (60) hours inclusive of holiday, vacation, sick leave,
worker's compensation or authorized leave "with pay." An employee does not earn vacation
hours while he/she is absent "without leave"; on "leave without pay"; or is using accrued
vacation hours over a period of time upon retirement.
Section b. Vacation Pay. While on vacation, an eligible employee shall continue to
receive his/her regular pay.
Section c. Scheduling. Vacations shall be scheduled insofar as practicable at times most
desired by each employee, 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.
Item 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 -- it is not to be used as additional days off -- that should be
used by the employee only when needed and an employee may charge time for the following
reasons:
- Personal illness or injury
- Illness or death of a member of the immediate family, necessitating the absence
of the employee from his/her work. (Members of the immediate family shall
include wife, husband, children, mother, father, sister, brother, mother-in-law or
father-in-law).
- Funeral of a close friend or relative. Such leave shall be limited to travel time
and necessary attendance at the funeral.
If an employee recovers sufficiently from an illness or injury to return to duty, while on
sick leave, the employee will contact the employee's supervisor and return to duty as soon as
possible. When absences chargeable to sick leave are in excess of two (2) consecutive days, or
when repetitive absences occur, the Chief of Police may require that such absences be supported
by the presentation of a written statement from a licensed practicing physician certifying the
officer's ability to return to work. This provision shall not apply to disputes between an
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employee and the City where the employee is claiming benefits under the Illinois Worker's
Compensation Act.
All active employees covered by the Agreement shall receive full pay for the first six (6)
eligible occurrences of sick leave in said or each following payroll year. Any such employee
shall not, however, be paid for the first (1st) day of a seventh (7th) or any other subsequent sick
leave occurrence in the same payroll year.
For the purpose of definition, sick leave used for bereavement or on-the-job injuries shall
not be charged as an occurrence. Employees, once each payroll year, who have worked in
excess of four (4) hours and are released to go home on sick leave, shall not be charged with
an occurrence. Employees having a sick leave occurrence beyond the number authorized for
full pay may elect to work on a scheduled day off at his/her straight-time hourly rate of pay to
replace the non-paid day. Such replacement day shall be scheduled with the approval of the
department head.
Section a. Accrual. Sick hours are accrued each payroll period if the employee is paid
a minimum of sixty (60) hours work inclusive of holidays; vacation; sick leave; worker's
compensation; or authorized leavd'with pay." An employee does not earn sick hours while
he/she is absent "without leave"; on "leave without pay"; or extending out accrued vacation
hours upon retirement.
Section b. Conversion. In recognition of non-use of sick leave, employees may convert
accumulated sick leave for additional vacation leave or for severance pay. Such conversion shall
be at the rate of three (3) days of sick leave for one (1) vacation day or one (1) day of severance
pay.
1. Vacation leave conversion requires an accumulation of sick leave of over 60
accrued sick days which is the equivalent of 480 hours of sick leave. Such
conversion is limited to a maximum of five (5) days of vacation leave in any one
year.
2. Retirement or severance pay is predicated on leaving the City's employment in
good standing and requires an accumulation of sick leave of over 90 accrued sick
days which is the equivalent of 720 hours of sick leave. Such conversion is
limited to a maximum of 20 days of 160 hours upon separation.
3. In the process of converting sick leave to additional vacation or severance pay,
the remaining balance of unused sick leave may not total less than the required
base accumulations of 60 or 90 days.
Section c. Disability. Any employee who is ill or physically unable to perform his/her
duties and has used all his/her accumulated sick leave and vacation leave shall be placed on a
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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. Sick Leave Bonus. All employees covered by this Agreement on the active
payroll as of December 26, 1982, and those on the active payroll the beginning of each
subsequent payroll year, shall have established a $150 sick leave occurrence bank. For each
occurrence of charged sick leave during a payroll year, $25.00 shall be deducted from the
employee's individual bank. Employees on the payroll at the end of the payroll year shall
receive a voucher payment equal to the balance remaining in their individual occurrence bank.
Section f. Sick Leave Occurrence Program. The sick leave occurrence program, except
as modified herein, shall be administered in accordance with the General Order dated December
17, 1985. If the City desires to make any changes or modifications in said program, the City
shall give the Association advance notification and an opportunity to provide input to the City
prior to the effective dates of any changes or modifications. The Association may file a
grievance in accordance with the provisions of Item 14 concerning the implementation of any
changes or modifications if the Association believes that such changes or modifications are
arbitrary and capricious.
Item 11. Separation Pay
All regular employees separating from the City service in good standing are eligible for
payment of all accrued vacation hours and severance pay pursuant to Item 10, Section b(2).
Item 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 Item 10, Section b(2) above and the balance of the period's compensation of the
period in which the employee dies.
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Item 13. Medical and Health Plans
Full-time employees who have been employed for at least thirty (30) days will be eligible
to elect one of the following health and medical coverage options for themselves and their
dependents. The City reserves the right to change insurance carriers, self-insure or implement
cost containment features so long as the overall coverage available to employees employed upon
the effective date of this Agreement is substantially the same.
Section a. Medical Insurance. The City will offer a group medical insurance plan for
the employee and his/her dependents. The City will contribute to this program a cost equal to
the full premium and liability of the City's basic comprehensive major medical insurance plan.
Section b. Health Maintenance Organization. The employee may as an option elect to
participate in any eligible Health Maintenance Organization (HMO) certified with the City. The
City will contribute to the cost of a HMO plan a monthly amount equal to that provided for the
City's basic comprehensive major medical insurance plan. Any costs for HMO participation
over and above the City's contribution to the cost of the basic comprehensive major medical
insurance plan will be paid by the employee.
Section c. Retiree Participation. An employee who retires with at least twenty (20)
years of full-time active service with the City can elect to continue in the group medical plan
upon retirement. Said participation shall be available only as continuous coverage and with the
retiree paying 100% of the applicable premium, payable in advance on a monthly basis to the
Human Resources Department or through authorized deductions from the retiree's monthly
pension payment. If a retiree fails to make the applicable monthly payment by the beginning
of the month, coverage will be terminated. The right of a retiree to continue coverage under
the provisions of this Item shall terminate when the retiree (1) returns to active service, (2)
exercises any pension refund option available or accepts any separation benefit, (3) looses his/her
rights to pension benefits or (4) dies.
Section d. Medical Insurance Plan Variations. Effective the first full month following
the effective date of Arbitrator Briggs' award, the deductible amounts will be$200 and $600 for
employee and dependent coverage, respectively, the co-payment will be 80/20 of the first
$2,500, and major medical coverage will be $500,000.
Section e. 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 Item 14 of this Agreement.
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Item 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 or application of the express terms of this Agreement.
Section b. Grievance Procedure. Recognizing that any grievances should be raised and
settled promptly, a grievance must be raised within seven (7) calendar days of the occurrence
of the grievance or within seven (7) calendar days after the employee, through the use of
reasonable diligence, should have obtained knowledge of the occurrence of the grievance. A
grievance shall be processed as follows:
STEP 1: Written to Direct Supervisor. Employee shall initiate a grievance in writing
to his or her Direct Supervisor. The Direct Supervisor shall answer in writing within
seven (7) calendar days of the discussion of the grievance.
STEP 2: Appeal to Deputy Chief. If the grievance is not settled in Step 1, the
aggrieved employee within seven (7) calendar days following receipt of the Direct
Supervisor's answer shall file with the Deputy Chief for Operations a written grievance
signed by the aggrieved employee and the appropriate association representative, if so
requested by the employee, on a form provided by the City setting forth the complete
facts on which it is based, the specific contract provision(s) allegedly violated, and the
relief sought. The Deputy Chief shall contact the grievant within seven(7) calendar days
of receipt of the written grievance to schedule a mutually agreeable date and time when
the employee and the Association representative, if so requested by the employee, will
discuss the grievance with the Deputy Chief, or his designee. The Deputy Chief for
Operations, or his designee, shall give a written answer in seven (7) calendar days after
reviewing grievance with grievant. If the grievance is denied, the specific reason or
reasons shall be set forth.
STEP 3: Appeal to Chief. If the grievance is not settled in Step 2 and the aggrieved
employee and the Association decide to appeal, the Association shall, within seven (7)
calendar days from receipt of the Step 2 answer, file with the Chief an appeal signed by
the aggrieved employee and the appropriate Association representative. The Chief shall
contact the grievant within seven (7) calendar days of receipt of the written grievance to
schedule a mutually agreeable date and time when the Association representative and the
Chief, or his designee, can discuss the grievance. If no agreement is reached in such
discussion, the Chief, or his designee, will give his answer in writing within seven (7)
calendar days of the discussion. If the grievance is denied, the specific reason or reasons
shall be set forth.
STEP 4: Appeal to City Manager. If the grievance is not settled in Step 3 and the
Association decides to appeal, the Association shall, within seven (7) calendar days after
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receipt of the Step 3 answer, file a written appeal with the City Manager. The City
Manager shall contact the grievant within seven (7) calendar days of receipt of the
written appeal to schedule a mutually agreeable date and time for a meeting between the
City Manager, or his designee, and the appropriate Association representative will be
held at a mutually agreeable time. If no settlement is reached at such meeting, the City
Manager, or his designee, shall give his answer in writing within ten (10) calendar days
of the meeting. If the grievance is denied, the specific reason or reasons shall be set
forth.
STEP 5: Arbitration. If the grievance is not settled in accordance with the foregoing
procedure, the Association may refer the grievance to arbitration by giving written notice
to the City Manager within ten (10) calendar days after receipt of the City's answer in
Step 4. The parties shall attempt to agree upon an arbitrator promptly. In the event the
parties are unable to agree upon an arbitrator, they shall jointly request the Federal
Mediation and Conciliation Service to submit a panel of five (5) arbitrators. The
Association shall strike two (2) names and the City shall then strike two (2) names; the
person whose name remains shall be the arbitrator; provided that either party, before
striking any names, shall have the right to reject one 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 contacts grievant within the time limits so provided, the
grievance shall be deemed settled in favor of the grievant. The parties may mutually agree in
writing to extend any time limits.
Section d. Investigation and Discussion of Grievances. Unless specifically provided
otherwise in this Agreement, all grievance discussions and investigations shall take place in a
manner which does not interfere with the City operations.
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Section e. Board of Fire and Police Commissioners. It is expressly understood that
matters subject to the Board of Fire and Police Commissioners or matters which may be
appealed to the Board of Fire and Police Commissioners are not subject to this grievance
procedure and that the sole recourse for such matters is with the Board of Fire and Police
Commissioners.
Item 15. Entire Agreement
The parties acknowledge that during negotiations which resulted in this Agreement, each
had the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the City and the Association, for the
duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees
that the other shall not be obligated, to bargain collectively with respect to any subject or matter
specifically referred to, or covered in this Agreement, or with respect to any subject or matter
not specifically referred to, or covered in this Agreement, even though such subjects or matters
may not have been within the knowledge or contemplation of either or both of the parties at the
time they negotiated or signed this Agreement. This Agreement may only be amended during
its term by the parties' mutual agreement in writing.
Item 16. 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.
Item 17. Board of Fire and Police Commissioners
It is understood that to the extent that such matters as selection, promotion, suspension
or discharge are subject to the jurisdiction of the Board of Fire and Police Commissioners, such
matters are not subject to this Agreement. It is further understood that nothing in this
Agreement shall limit the right of the Chief of Police to suspend a member of the Police
Department in accordance with applicable law. Nor shall this Agreement limit whatever right
an employee so suspended may have to appeal to the Board of Fire and Police Commissioners
within five (5) calendar days after such suspension for a review thereof.
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Item 18. Dues Checkoff and Fair Share
During the term of this Agreement, all employees covered by this Agreement who are
members of the Association shall be required to pay Association dues. During the term of this
Agreement, employees are not required to join the Association as a condition of employment,
but any such employees shall, commencing thirty (30) days after being employed or thirty (30)
days after ratification of this Agreement by both parties, whichever is later, pay a service fee
in an amount not to exceed 85 percent of the Association dues for the purpose of administering
the provisions of this Agreement.
Upon receipt of a voluntarily signed written dues authorization card from an employee
covered by this Agreement, the City shall during the term of this Agreement deduct the uniform
bi-weekly Association dues of such employees from their pay and remit such deductions to the
Treasurer of the Association. A copy of the dues checkoff authorization to be used during the
term of this Agreement is attached as Appendix A.
During the term of this Agreement, in the event an employee covered by this Agreement
does not voluntarily sign a written dues checkoff authorization, the City, after being requested
to do so in writing by the Association, shall commencing thirty (30) days after being employed
or thirty (30) days after ratification of this Agreement by both parties, whichever is later, make
an involuntary deduction from the pay of the employee of the employee's proportionate share
of the service charge to administer this Agreement in an amount that does not exceed 85% of
the uniform bi-weekly Association dues and shall remit such deduction to the Treasurer of the
Association. Upon written request from the City, the Association shall submit prior to the start
of the payroll year, an affidavit which specifies the amount which constitutes a non-member's
proportionate share of the cost of administering this Agreement. The amount certified by the
Association shall not include any cost for contributions related to the election or support of any
candidate for political office or for any member-only benefit.
The Association agrees to assume full responsibility to insure full compliance with the
requirements laid down by the United States Supreme Court in such cases as Chicago Teachers
Union v. Hudson, 105 U.S. 1066 (1986), with respect to the constitutional rights of fair share
fee payors. Accordingly, the Association agrees to do the following:
1. Give timely notice to fair share fee payors of the amount of the fee and an
explanation of the basis for the fee, including the major categories of expenses.
2. Advise fair share fee payors of an expeditious and impartial decision making
process whereby fair share fee payors can object to the amount of the fair share
fee.
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3. Place the amount reasonably in dispute into an escrow account ending resolution
of any objections raised by fair share fee payors to the amount of the fair share
fee.
It is specifically agreed that any dispute concerning the amount of the fair share fee
and/or the responsibilities of the Association with respect to fair share fee payors as set forth
above shall not be subject to the grievance and arbitration procedure set forth in this Agreement.
Non-members who object to this fair share fee based upon bona fide religious tenets or
teachings shall pay an amount equal to such fair share fee to a non-religious charitable
organization mutually agreed upon by the employee and the Association. If the affected non-
member and the Association are unable to reach agreement on the organization, the organization
shall be selected by the affected non-member from an approved list of charitable organizations
established by the Illinois State Labor Relations Board and the payment shall be made to said
organization.
Indemnification. The Association shall indemnify and hold harmless the City, its elected
representatives, officers, administrators, agents and employees from and against any and all
claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise)
that rise out of or by reason of any action taken or not taken by the City for the purpose of
complying with the provisions of this Article, or in reliance on any written checkoff
authorization, affidavit, or list furnished under any of such provisions.
Item 19. Subcontracting
The City reserves the right to contract out any work it deems necessary in the interest
of efficiency and economy, and in emergency situations. No employee shall be laid off as a
result of any decision by the City to subcontract any work performed by employees covered by
this Agreement.
Item 20. Use of Reserve Police Officers, Auxiliary Police Officers and Community Service
Officers
During the term of this Agreement, the City will not utilize Reserve Police Officers,
Auxiliary Police Officers or Community Service Officers to permanently replace employee
positions covered by this Agreement in performing basic beat patrol functions and duties.
Nor shall such persons be utilized beyond their current duties and assignments for the
purpose of reducing overtime opportunities for employees covered by this Agreement, with the
understanding that periodic training assignments shall not be deemed as reducing overtime
opportunities.
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Item 21. 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 the City's physician has reasonably 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.
Item 22. 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
- 19 -
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.
Item 23. Police Officers' Bill of Rights
Nothing in this Agreement shall be construed to preclude the applicability of the Police
Officers' Bill of Rights as set forth in the Illinois Revised Statutes, but said Bill of Rights shall
not be incorporated herein by reference.
Item 24. Drug and Alcohol Testing
The City may require an employee to submit to urine and/or blood tests if the City
determines there is reasonable suspicion for such testing. Upon request, the City shall provide
any employee who is ordered to submit to any such test with a written statement of the basis for
the City's reasonable suspicion within 48 hours of the request. There shall be no random
testing.
The City shall use only licensed clinical laboratories for such testing and shall be
responsible for maintaining a proper chain of custody. The taking of urine samples shall not be
witnessed unless there is reasonable suspicion to believe that the employee is tampering with the
testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or
a scientifically accurate equivalent) shall be conducted. An initial positive test result shall not
be submitted to the City unless the confirmatory test result is also positive as to the same
sample. If the City, contrary to the foregoing, receives the results of a positive first test which
is not confirmed as provided above, such information shall not be used in any manner adverse
to the employee. Upon request, the City shall provide an employee with a copy of any test
results which the City receives with respect to such employee.
A portion of the tested sample shall be retained by the laboratory so that the employee
may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be
conducted by a licensed clinical laboratory of the employee's choosing and at the employee's
expense.
Voluntary requests for assistance with drug and/or alcohol problems (i.e., where no test
has been given pursuant to the foregoing provisions) shall be held strictly confidential by the
Employee Assistance Program and the Police Department shall not be informed of any such
request or any treatment that may be given. Additionally, if an employee tests positive in the
testing procedure as outlined herein, the employee may be advised and required to seek
assistance through the Employee Assistance Program or, if the circumstances warrant, may be
the recipient of appropriate disciplinary action, which may include discharge. If the same
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employee tests positive a second time, the test results shall be submitted to the City for
appropriate disciplinary action, which may include discharge.
Use of proscribed drugs at any time while employed by the City, abuse of prescribed
drugs, as well as being under the influence of alcohol or the consumption of alcohol while on
duty, shall be cause for discipline, including termination, subject to confirmation by the Elgin
Board of Fire and Police Commissioners. While all such disciplinary issues shall be subject to
the exclusive jurisdiction of the Elgin Board of Fire and Police Commissioners, all other issues
relating to the drug and alcohol testing process (e.g., whether there is a reasonable suspicion for
ordering an employee to undertake a test, whether a proper chain of custody has been
maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set
forth in this Agreement.
Item 25. 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.
Item 26. 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. Employee shall have the right to
Association representation when being informed of the need for testing, and shall have the right
to secure similar testing at their own expense from psychiatrists, psychologists or physicians of
their own choosing. The employer and the employees shall only utilize the services of qualified,
certified medical doctors, psychiatrists or psychologists. The employee shall be given a copy
of any and all information, reports and opinions that are provided the City as a result of such
testing.
Item 27. 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,
Board of Fire and Police Commissioners' Rules and Regulations, and State laws governing the
discipline of law enforcement officers.
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The City agrees with the tenets of progressive and corrective discipline where
appropriate. however, when the severity of an infraction is great, discipline outside the
progression shall be considered an appropriate remedy. It should also be recognized that when
using the principal of progressive discipline, all aspects of performance are taken 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 b. Departmental Discipline
Disciplinary action rendered by the Department may take any one or more of the
following forms:
a. Oral reprimand;
b. Written reprimand;
c. Suspension without pay;
d. Dismissal.
Suspension without pay and recommendations for dismissal are to be levied by the Police
Chief or his designee.
Section c. Expungement of Records
In keeping with the parties' agreement that discipline is to be corrective, it is agreed that
all files maintained concerning an employee shall be expunged of any reference to his
disciplinary history if there has been no recurrence of the type or kind of conduct giving rise to
the discipline in accordance with the following:
a. Oral reprimand - three (3) years
b. Written reprimand - four (4) years
c. Disciplinary suspension - will remain permanently in the individual's
personnel file.
The burden of effecting such expungement shall be on the employee.
Item 28. Residency
(a) Residency requirements in effect at the time an officer enters police service for
the City shall not be made more restrictive for officers during the term of this
agreement. (A copy of the geographic residency requirements in effect as of the
effective date of this Agreement is attached hereto as Exhibit C.)
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(b) An employee may be temporarily relieved from the residency requirement stated
above where, in the City's exclusive judgment, special circumstances exist,
justifying such a relief.
(c) Employees hired as police officers and officers seeking promotions after the
effective date of this agreement may be required by City Council action to reside
within the City of Elgin Corporate Limits within eighteen (18) months from the
date of hire or promotion, or within eighteen (18) months, from the date of
enactment of any modified residency ordinance.
Item 29. 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.
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Item 30. Term
Unless specifically provided otherwise, this Agreement shall be effective as of the date
it is ratified by both parties and shall remain in full force and effect until the 21th day of
December, 1996. 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 9th day of November, 1995.
FOR THE CITY
Attest: By � �S. laeC2_ -,,,1
City Manager
A-69111-4___
' -
City Clerk
FOR THE ASSOCIATION
Attest: By ' j —
President
Secretary
6698
APPENDIX A
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 employees in accordance with law. The Employer
will then deduct such dues in the amount certified to the Employer by the Secretary or Treasurer
of the Local Union, and send to the Local Union their respective shares as certified by the
Secretary or Treasurer of the Local Union.
In the event a non-union employee shall not voluntarily sign a checkoff, then in that
event, an involuntary checkoff of a service charge not to exceed the amount of union dues shall
be made by the City upon the written direction of the Union.
New employees may voluntarily sign checkoff authorization and application blanks upon
receiving employment. The Employer shall then process each new employee in accordance with
this Article. The local Union shall supply the Employer with all such necessary forms.s
however, noting in this paragraph shall supersede any existing ordinance and/or statute as
pertains to the rights of the city to place new employees on a eighteen (18) month probationary
status.
There shall be one copy of the checkoff sheet sent to the Elgin Police Association.
All money so deducted shall be paid bi-weekly on payroll days (the Friday immediately
following the payroll period). The employee request forms shall be as follows:
"Payroll Deduction Authorization"
By
Last Name First Name Middle Name
Effective:
I hereby request and authorize you to deduct bi-weekly
from my earnings union dues or service charge equal to
$ annually. The amount deducted
shall be paid to the Elgin Police Association, Unit
#54.
Signed:
Address:
APPENDIX B
ALTERNATIVE IMPASSE RESOLUTION PROCEDURE
WHEREAS, the provisions of § 1614(p) of the Act provide that the parties may agree
to submit their unresolved disputes concerning wages, hours, 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 agree 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, 1997, with respect to the negotiations for a successor
Agreement shall be deemed to be a proper and timely demand as provided in the
- 2 -
Act and the Rules and Regulations of the Board; further, that arbitration
proceedings under the Act and those Rules and Regulations shall be deemed to
have been initiated and commenced on the date of service and filing of the
Demand for Compulsory Interest Arbitration;
(b) Arbitrator Selection Process. The parties agree that notwithstanding the filing and
service of any Demand for Compulsory Interest Arbitration by the Association,
the selection of an arbitrator will be delayed until such time as either party serves
upon the representative of the other, in writing by certified mail, a 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 the 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
- 3 -
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
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 (14) calendar 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
- 4 -
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;
(iv) The parties shall jointly communicate and coordinate all remaining aspects
of the arbitration (including but not limited to scheduling of hearings,
requests for issuance of subpoenas and the submission of post-hearing
briefs) directly with the neutral arbitrator in the manner prescribed in the
Act and the Rules and Regulations of the Board.
(c) Issues in Dispute and Final Offers. Within seven (7) calendar days of the service
of a demand that the arbitrator selection process commence, the representatives
of the parties shall meet and develop a written list of those issues that remain in
dispute. The representatives shall prepare a
Stipulation of Issues in Dispute for each party to then execute and for submission
at the beginning of the arbitration hearing. The parties agree that only those
issues listed in the Stipulation shall be submitted to the arbitrator for decision and
award. It is further agreed that:
(i) Each party retains the right to object to any issue on the grounds that the
same constitutes a non-mandatory subject of bargaining; provided,
however, that each party agrees that it will notify the other of any issue
that it regards as a non-mandatory subject of bargaining not later than the
first negotiation meeting where the issue is substantively discussed.
- 5 -
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 party that it regards a particular issue a
non-mandatory subject of bargaining.
(ii) Not less than seven (7) calendar days prior to the date when the first day
the arbitration hearings are scheduled to commence, the representatives of
the parties shall simultaneously exchange in person their respective written
final offers as to each issue in dispute as shown on the Stipulation of
Issues in Dispute. The foregoing shall not preclude the parties from
mutually agreeing to resolve any or all the issues identified as being in
dispute through further collective bargaining.
(d) Authority and Jurisdiction of Arbitrator. The parties agree that the neutral
arbitrator shall not function as a mediator unless mutually agreed by the City and
the Association. The arbitrator selected and appointed to resolve any disputes
that may exist in these negotiations shall have the express authority and
jurisdiction to award increases or decreases in wages and all other forms of
compensation (1) retroactive to May 1, 1992 (or to May 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
- 6 -
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 arbitrator lacks the jurisdiction and
authority to make such a retroactive award of increased or decreased wages or
other forms of compensation.
(e) Discretion and Judgment of Arbitrator. The parties do not intend by this
Agreement to predetermine or stipulate whether any award of increased or
decreased wages or other forms of compensation should in fact be retroactive, but
rather intend to insure that the arbitrator has the jurisdiction and authority to so
award retroactive increases or decreases, provided a timely Demand for
Compulsory Interest Arbitration has been submitted by one party, should he in
his discretion and judgment believe such an award is appropriate.
(f) Conduct of Hearings. The parties agree that all arbitration hearings shall be
conducted as follows:
(i) Hearings shall be held in the City of Elgin, Illinois, at a mutually agreed
location. Hearings may be conducted outside the City of Elgin only by
written mutual agreement;
- 7 -
(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
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
- 8 -
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.
APPENDIX C
POLICE / FIREFIGHTER RESIDENCY REQUIREMENTS
(WITHIN ONE YEAR OF APPOINTMENT)
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Intersection of Rte. 120 and Rte. 12 South to Rte. 59 split, Rte. 59 South to Rte. 20, East
on Rte; 20 to Gary Avenue, Gary Ave. South to Army Trail , Army Trail West to Rte. 59, Rte. 59
South to 1-88 then West on 1-88 to Rte. 56 and West on Rte. 56 to Rte.. 30, Rte. 30 West to
Rte. 23 then North on Rte. 23 to 1-88, West on 1-88 to Anne Glidden Rd. , North on Anne Glidden
To Rte. 72, Rte 72 East to Rte. 23 then Rte. 23 North to Rte. 14, Southeast on Rte. 14 to Rte.
!0 and Rte. 120 East to Intersection of Rte. 120 and Rte. 12; provided however that such area
bhall include the corporate boundaries of any city or village lying partly within and partly
without the area described.
•
SIDE LETTER
Pursuant to the provision contained in Item #8 of this contract, the following list represents the
initial 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.
Uniformed Personnel
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. Hats, winter and summer, including snake bands
7. Pants belt (Basketweave, velcro or keepers OK)
8. Gun belt
9. Radio
10. Radio holder
11. Radio shoulder tab (optional)
12. Handcuffs (1 pair) ) (Hinged OK too)
13. Handcuff case
14. Jackets, one leather winter, one spring
15. Raincoat and cap cover
16. Commando sweater
17. Hat badge
18. Two stars
19. Whistle
20. Key strap
21. Baton holder
22. Shoes (1 pair boots, 1 pair shoes)
23. Gloves
24. Baton ring
25. Flashlight holder
26. Flashlight (rechargeable)
27. Briefcase
28. Nameplates, shift and jacket
29. Ties
30. Tie bar
31. Riot helmet
32. Duty ammunition
33. Traffic citation holder
34. Baton
35. Aerosol irritant (optional)
36. Aerosol irritant holder (optional)
37. Body armor
- 2 -
38. Report forms holder/clipboard
39. Reflective Traffic safety vest
Items from the list above requiring repair or replacement due to normal use will be
repaired/replaced at no expense to the employee, provided the City determines the item warrants
repair or replacement due to its condition. Items which are repairable may be repaired in lieu
of replacement.
Non-Uniformed Personnel
Each investigator or member assigned to a non-uniformed position must be prepared to perform
traditional law enforcement duties in emergencies, and occasionally perform extra detail duties.
Each investigator and non-uniformed member shall be issued a complete set of uniforms. This
section shall become effective January 31, 1992.
Both investigative personnel and non-uniformed personnel would be afforded contractual cleaning
services, as are other members. Also, since these individuals are required to wear dress
clothing, a separate program would be maintained for them for this purpose. this program will
provide for the clothing items worn while on duty.
In addition, each individual assigned as an investigator or to a non-uniformed position shall
receive a $550.00 per year clothing allowance for the purchase of dress clothing to be worn in
the performance of duty. The method of payment shall consist of two (2) checks to be issued
individually, one to be issued in January, and the other in July of each year. The amount of
each of the two checks shall be $275.00. These individuals would be permitted to have those
items cleaned as part of the Contract Cleaning Program. Items purchased with clothing
allowance checks shall be in accordance with Department dress code regulations.
Any officer assigned to a non-uniform division or assignment for a period in excess of 100
working days per year shall receive a $275.00 payment. This section shall not apply to persons
on light-duty status, who are temporarily assigned to another division. (Note: If the assignment
is less than 100 working days prior to the regularly scheduled payment, the clothing allowance
shall be distributed at the time of the next scheduled payment, either January or July).
The following list of uniform items and dress clothing are covered by this program. This
includes both cleaning and repair service (when necessary) at a designated location approved by
the City.
- 3 -
Regular Police Uniform Items Dress Clothing
Pants Suits
Shirts Sport Coats
Ties Ties
Jackets Slacks
Hats Shirts
Top Coats/Rain Coats, etc.
Skirts
Dresses
Blouses
Cleaning Review Committee
In addition, a Cleaning Review Committee, consisting of the Chief of Police or his designee,
and two Union officers, shall review this system after six months of operation to determine if
any adjustments are necessary. The City shall confer with the Union prior to making any
changes of this program.
It is also understood that how attendance at Awards and Recognitions is to be handled, is
differed to departmental policy and not covered by any of the provisions contained in this
contract.
ELGIN POLICE ASSOCIATION
CITY OF ELGIN
By: t�. By: �-�--.,r
4i
Eon
Memorandum
October 5, 1994
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Commendation for Officer Spejcher
On July 22 , 1994, Officer Ronald Spejcher spent the evening
riding with and observing the City of Zion Bicycle Patrol Unit.
During the course of the shift, officers came upon an armed
robbery in progress .
While assisting the Zion officers, Officer Spejcher crashed his
bicycle, but nevertheless, did continue in the pursuit and
apprehension of the offenders, and due greatly to his
persistence, the officers recovered both the loaded weapons used
in the robbery and the $300 taken from the victim.
Officer Spejcher ' s outstanding performance in assisting the Zion
officers and his attention to duty were instrumental in the
clearance of the case and the recovery of the stolen property.
Therefore, on September 7 , 1994, the City Council of the City of
Zion commended Officer Spejcher for his exemplary police work
and expressed its gratitude for services rendered to the City of
Zion and its residents .
Sincerely,
tAec.,,C :\tQuS7)POYY\
L-W
Richard B. Helwi
City Manager
mf
Elm
Memorandum C. ( i
6
PIPLottO
March 31, 1992
TO: Mayor and City Council
FROM: Larry Rice, City Manager
SUBJECT: Position Change in Police Department
Purpose
To propose the elimination of a deputy chief position and
the creation of an additional police sergeant position.
Background
The recent retirement of Deputy Chief Danielson provided
the opportunity to thoroughly review the structure of the police
department and to reevaluate priorities in terms of which criti-
cal operation could most benefit through the staffing of this
vacant position. Our review has determined that the creation of
an additional police sergeant position to be assigned to drug
enforcement is of greater priority at this point in time than is
the replacement of the third deputy chief position. Consequent-
ly, we are proposing that the department's strength ordinance
(Chapter 2 .52 .010 of the Elgin Municipal Code - copy of proposed
amended ordinance attached) be amended to reflect fifteen ( 15)
sergeant positions (currently 14) and two (2) deputy chief posi-
tions (currently 3) . The responsibilities formerly assigned to
three ( 3) deputy chiefs will be redistributed as indicated in
Section B of said ordinance.
Financial Impact
An approximate savings of $11,717 in annual salary, based
on 1992 rates, will be realized as a result of this proposal.
Recommendation
I recommend that the strength ordinance be amended as pro-
posed.
Lar '1.,-441441k,
City Manager
LLR:ks
Ordinance No. G
AN ORDINANCE
INCREASING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Chapter 2 . 52 entitled "Police Department"
of the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by amending Section 2 .52 .010 to read as follows :
2 . 52 . 010 Establishment -- Divisions.
A. There is established an executive department of the
city to be known as the police department. The police depart-
ment shall consist of one hundred twenty-five ( 125) sworn mem-
bers, of which one member shall be chief, no more than two (2)
members shall hold the rank of deputy chief, no more than six
(6) members shall hold the rank of lieutenant, no more than
fifteen ( 15) members shall hold the rank of sergeant and the bal-
ance of said members shall be of police officer rank.
B. The police department shall be divided into the follow-
ing sections :
1 . Operations Section. The responsibilities of the
operations section shall encompass the functions of the patrol,
major investigations, and traffic divisions, including motor and
foot patrol; initial and follow-up criminal investigations;
supervision of the enforcement of liquor, vice, and drug viola-
tions; youth enforcement matters; special operations; traffic
accident investigations; traffic control, education, and enforce-
ment; supervision of school crossings; supervision of re-
serve/auxiliary officers; crime analysis; and special assign-
ments .
2 . Support Services Section. The responsibilities of
the support services section shall encompass the functions of
the records , communications, community relations/crime preven-
tion, and operational support divisions, including the mainte-
nance of police records and criminal identification documents;
supervision and maintenance of public safety radio and alarm
systems; jail administration and supervision; custody of the
property of prisoners and other entrusted property; labor rela-
tions; budget and payroll administration; personnel administra-
tion; court services; and special assignments .
3 . Planning/Research Section. The responsibilities
of the planning/research section shall include the duties of
47)
planning; research; training and recruitment; supervision of
cadets and interns; and special assignments .
F 4 . Internal Affairs Section. The responsibilities of
the internal affairs section shall include the duties of inspec-
tional services; the receipt and investigation of complaints
against police officers and employees; the function of civil
defense and emergency services preparation; and special assign-
ments.
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby re-
pealed.
Section 3 . That this ordinance shall be effective from
and after its passage and approval in the manner provided by law.
George VanDeVoorde, Mayor
Presented:
Passed:
Vote: Yeas Nays
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk