04-63 Resolution No. 04-63
RESOLUTION
AUTHORIZING EXECUTION OF A SIDE LETTER AGREEMENT
BETWEEN THE CITY OF ELGIN AND LOCAL#439
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute a Side Letter Agreement between the City of Elgin and Local#439 International
Association of Firefighters to waive the provisions of the Fire Department Promotion Act with
respect to the ranks of Assistant Fire Chief and/or Battalion Fire Chief, a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: March 10, 2004
Adopted: March 10, 2004
Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
r
3/8/04
SIDE LETTER AGREEMENT
BETWEEN THE CITY OF ELGIN AND LOCAL #439 INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
THIS AGREEMENT made and entered into as of the 10th day
of March, 2004 , by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as the "City" ) ,
and Local #439 of the International Association of
Firefighters (hereinafter referred to as the "Association" ) .
WHEREAS, the City is considering a reorganization of the
City of Elgin Fire Department which may include the
elimination of the rank of Deputy Chief-Administration, the
elimination of the rank of Deputy Chief (Shift) , the
elimination of the position of Fire Training/Safety Officer,
the elimination of the position of Fire Prevention/Education
Specialist, the reclassification of the position of Fire
Marshall , the reduction in the number of Fire Captains, the
increase in the number of Fire Lieutenants, the creation of
the new rank of Assistant Fire Chief and the creation of the
new rank of Battalion Fire Chief; and
WHEREAS, the Association is the sole and exclusive
bargaining representative for its members which consists of
all full time employees holding the rank of Firefighter or
Fire Lieutenant in the City of Elgin Fire Department ; and
WHEREAS, the City and the Association have discussed the
proposed reorganization of the City of Elgin Fire Department
including, but not limited to, the issue of whether the Fire
Department Promotion Act (50 ILCS 742/1 et seq. , hereinafter
referred to as the "Fire Department Promotion Act" ) should
apply to the new ranks of Assistant Fire Chief and/or
Battalion Fire Chief within the City of Elgin Fire Department;
and
WHEREAS, Section 10 (e) of the Fire Department Promotion
Act (50 ILCS 742/10 (e) ) provides that local authorities and
exclusive bargaining agents affected by the Fire Department
Promotion Act may agree to waive one or more of its provisions
and bargain on the contents of those provisions, provided that
any such waiver shall be considered a permissive subject of
bargaining; and
WHEREAS, the City and the Association desire to enter
into this Agreement to agree to waive the provisions of the
Fire Department Promotion Act with respect to the ranks of
Assistant Fire Chief and/or Battalion Fire Chief within the
City of Elgin Fire Department .
NOW, THEREFORE, the City and the Association hereby agree
as follows :
1 . The foregoing recitals are incorporated into this
agreement in their entirety.
2 . The City and the Association, on behalf of the
Association and all of its members, hereby agree that pursuant
to 50 ILCS 742/10 (e) that the City, the Association and the
Association' s members hereby waive the provisions of the Fire
Department Promotion Act provided at 50 ILCS 742/1, et seq. as
to the rank or positions of Assistant Fire Chief in the City
of Elgin Fire Department and hereby further agree that the
provisions of the Fire Department Promotion Act provided at 50
ILCS 742/1, et seq. shall not apply to the rank or position of
Assistant Fire Chief in the City of Elgin Fire Department
including, but not limited to, that such rank and positions
shall not be construed as being a rank or positions subject to
promotion pursuant to the Fire Department Promotion Act . The
Association on behalf of itself and all of its members hereby
further agrees to and does hereby waive any and all claims or
rights the Association or any of its members may have to apply
or to require the provisions of the Fire Department Promotion
Act to apply to the rank or positions of Assistant Fire Chief
within the City of Elgin Fire Department .
3 . The City and the Association, on behalf of the
Association and all of its members, hereby agree that pursuant
to 50 ILCS 742/10 (e) that unless subsequently agreed to by the
City and the Association the City, the Association and the
Association members hereby waive the provisions of the Fire
Department Promotion Act provided at 50 ILCS 742/1 , et seq. as
to the rank or positions of Battalion Fire Chief in the City of
Elgin Fire Department and hereby further agree that unless
subsequently agreed to by the City and the Association that the
provisions of the Fire Department Promotion Act provided at
50 ILCS 742/1, et seq. shall not apply to the rank or positions
of Battalion Fire Chief in the City of Elgin Fire Department
including, but not limited to, that such rank and positions
shall not be construed as being a rank or positions subject to
promotion pursuant to the Fire Department Promotion Act . The
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Association on behalf of itself and all of its members hereby
further agrees to and does hereby waive any and all claims or
rights the Association or any of its members may have to apply
or to require the provisions of the Fire Department Promotion
Act to apply to the original appointments to the rank or
positions of Battalion Fire Chief within the City of Elgin Fire
Department . The City and the Association acknowledge and agree
that following the original appointments to the rank or
positions of a Battalion Fire Chief within the City of Elgin
Fire Department to further discuss and confer whether such rank
or positions of Battalion Fire Chief should in the future be
subject to promotion pursuant to the Fire Department Promotion
Act .
4 . The City and the Association hereby further agree
that for the purposes of this Agreement that the waiver of the
provisions of the Fire Department Promotion Act (50 ILCS 742/1 ,
et seq. ) as provided in this Agreement shall be considered a
permissive subject of bargaining as referred to and provided in
50 ILCS 742/10 (e) .
5 . The City and the Association hereby represent and
warrant that they have the authority to enter into and execute
this Agreement .
This Agreement has been entered into and executed by the
parties hereto as of the date and year first written above .
CITY OF ELGIN LOCAL #439 INTERNATIONAL
j.
ASSOCIAT `6V FIR GHTERS
B
City Manager %T s Presi t
Attest : Attest :
City Clerk Its Secretary
n � -
F:\Legal Dept\miscellaneous\Fire Dept-Side Letter.doc
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