HomeMy WebLinkAbout#5158 Police Bargaining Agreement RESOLUTION NO 5158
A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF CANTON AND THE POLICEMEN'S BENEVOLENT
LABOR COMMITTEE
WHEREAS, the City of Canton has been in negotiations with the Policemen's
Benevolent Labor Committee relative to the establishment of wages, benefits and other
conditions of employment;
WHEREAS, on July 17, 2018 the Canton City Council determined that it is necessary
and in the best interests of the City of Canton to enter into the proposed Collective Bargaining
Agreement tentatively reached through negotiations and gave the Mayor the authority to execute
said Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Collective Bargaining Agreement between the City of Canton and Policemen's
Benevolent Labor Committee for the years of May 1, 2017 through April 30, 2021
attached hereto and incorporated herein as Exhibit"A", is hereby approved by the Canton
City Council.
2. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 17th day of
July, 2018 upon a roll call vote as follows:
AYES: Aldermen Ryan Mayhew, Chris Jump, John Lovell, Craig West, Angela Hale,
Tad Putrich, Angeila Lingenfelter, Justin Nelson
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED:
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I'ana Pavley-Rock, City Clerk
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COLLECTIVE BARGAINING AGREEMENT
Between
THE CITY OF CANTON, ILLINOIS
and
POLICEMEN'S BENEVOLENT LABOR
COMMITTEE
on behalf of
Employees of the Police Department, both commissioned officers and other
civilian employees excluding secretaries, civilian administrative assistant, Chief
and all others excluded by Statute.
May 1, 2017 to April 30, 2021
CITY OF CANTON POLICEMEN'S BENEVOLENT LABOR COMMITTEE
2 North Main Street 840 South Spring Street, Suite A
Canton, Illinois 61520 Springfield, Illinois 62704
phone: (309) 647-0020 phone: (217) 523-5141
fax: (309) 647-1310 fax: (217) 523-7677
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TABLE OF CONTENTS
DIVISION 1. PURPOSE AND DEFINITION OF TERMS 6
1.1 DEFINITION OF TERMS. 6
DIVISION 2. RECOGNITION 7
2.1 BARGAINING AGENT. 7
2.2 PROBATION PERIOD. 7
2.3 NON-APPOINTIVE PERSONNEL. 8
DIVISION 3. HOURS OF WORK. 8
3.1 REGULAR HOURS. 8
3.2 WORK SHIFT-SHIFT BIDDING. 8
3.3 WORKWEEK. 10
3.4 WORK SCHEDULE. 10
3.5 SHIFT DESIGNATION. 10
3.6 VACANCIES 11
DIVISION 4. WAGES. 11
4.1 SCHEDULE. 11
4.2 PAY PERIOD. 11
4.3 COMMUNICATIONS SUPERVISOR. 12
4.4 SALARIES AND LONGEVITY-FOR COMMISSIONED OFFICERS ONLY. 11
4.5 K-9 OFFICER. 13
4.6 TRAINING OFFICER 13
DIVISION 5. VACATION. 13
5.1 ACCUMULATION OF VACATION TIME. 14
5.2 VACATION RIGHTS IN CASE OF LAYOFF OR SEPARATION. 15
5.3 SCHEDULING OF VACATION 15
DIVISION 6. HOLIDAYS. 15
6.1 DAYS DESIGNATED. 15
6.2 HOLIDAY PAY. 16
6.3 HOLIDAYS WORKED. 16
6.4 HOLIDAY FALLING ON VACATION OR REGULAR DAY OFF. 17
DIVISION 7. SICK AND PERSONAL LEAVE. 17
7.1 COMPUTATION OF SICK/PERSONAL LEAVE-PROBATIONARY. 17
7.2 COMPUTATION OF SICK/PERSONAL LEAVE-NON PROBATIONARY EMPLOYEES. 18
7.3 ILLNESS OF EMPLOYEE. 18
7.4 PAY IN LIEU OF PERSONAL LEAVE. 18
7.5 ACCRUAL OF SICK LEAVE. 19
7.6 CALL IN FOR EMERGENCY DUTY. 19
DIVISION 8. LEAVE 19
8.1 DISABILITY LEAVE. 19
8.2 JOB RELATED DISABILITY. 20
8.3 MILITARY LEAVE. 20
8.4 BEREAVEMENT. 20
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8.5 MISCELLANEOUS LEAVE POLICIES. 21
8.6 FAMILY MEDICAL LEAVE ACT. 21
DIVISION 9. SPECIAL PAY PROVISIONS. 21
9.1 COURT TIME. 21
9.2 OVERTIME. 21
9.3 CALL IN FROM VACATION. 22
9.4 TEMPORARY RANK PAY. 22
9.5 NIGHT BONUS. 23
9.6 COMPENSATORY TIME OFF 24
9.7 OVERTIME ROTATION. 24
9.8 TRAINING. 25
9.9 TRADING TIME 25
DIVISION 10. CLOTHING ALLOWANCE. 25
10.1 ANNUAL PAYMENT. 25
10.2 CIVILIAN EMPLOYEES. 26
10.3 PROBATIONARY EMPLOYEES PAYMENT. 26
10.4 PROBATIONARY EMPLOYEE/REIMBURSEMENT/TERMINATION. 26
10.5 NON-PROBATIONARY EMPLOYEE/REIMBURSEMENT/TERMINATION. 26
10.6 REIMBURSEMENT DEDUCTION. 27
10.7 EQUIPMENT FURNISHED. 27
DIVISION 11. MEAL PERIOD. 27
DIVISION 12. EMPLOYEE'S INSURANCE. 28
12.1 PAYMENT. 28
12.2 COVERAGE. 28
12.3 EMPLOYEE DEDUCTIBLE. 29
12.4 INSURANCE COMMITTEE. 29
12.5 POST EMPLOYMENT HEALTH PLAN(PEHP) 30
12.6 INTERNAL REVENUE CODE SECTION 125 PLAN 30
12.7 INSURANCE COVERAGES 31
DIVISION 13. RETIREMENT INSURANCE. 31
13.1 LIFE INSURANCE AND RETIREMENT INSURANCE. 31
13.2 RETIRED EMPLOYEES-BEFORE MAY 1,1994. 32
13.3 RETIRED EMPLOYEES. 32
13.4 DISABLED EMPLOYEE AND SPOUSE AND DEPENDENTS OF DECEASED COMMISSIONED OFFICER. 33
DIVISION 14. TRAVEL ALLOWANCE. 33
DIVISION 15. STRESS DAY. 34
DIVISION 16. EMPLOYEE TELEPHONE REQUIRED. 34
DIVISION 17. POLICE SHIFT OPENING. 34
17.1 NEW POSITION OPENINGS. 34
17.2 SECONDARY POSITION OPENINGS. 35
DIVISION 18. DUTIES OF POLICE EMPLOYEES. 35
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DIVISION 18.A. DISCIPLINE. 35
DIVISION 19. MONTHLY DEPARTMENTAL MEETINGS. 36
19.1 PAYMENT. 36
19.2 SCHEDULE. 36
19.3 OTHER MEETINGS. 36
DIVISION 20. SETTLEMENT OF GRIEVANCES. 36
20.1 PURPOSE. 36
20.2 DEFINITION AND PROCEDURE. 36
20.3 ARBITRATION. 37
20.4 AUTHORITY OF ARBITRATOR. 38
20.5 EXPENSES OF ARBITRATION. 39
20.6 TIME LIMIT FOR FILING. 39
20.7 APPLICATION OF EVIDENCE RULES. 40
DIVISION 21. CHECK OFF SYSTEM AND UNION SECURITY. 40
21.1 DUES CHECK OFF. 40
AUTHORIZATION FOR PAYROLL DEDUCTION TO: CITY OF CANTON,ILLINOIS 40
21.2 FAIR SHARE DEDUCTIONS. 41
21.3 RELIGIOUS EXEMPTION. 42
21.4 NOTICE AND APPEAL. 42
21.5 INDEMNIFICATION. 42
DIVISION 22. ACCRUAL AND FORFEITURE OF SENIORITY. 42
DIVISION 23. LAYOFFS. 43
23.1 NOTICE TO BE GIVEN. 43
23.2 ORDER TO BE FOLLOWED WHEN LAYING OFF. 43
23.3 ORDER TO BE FOLLOWED IN CALL BACK. 44
DIVISION 24. EDUCATION EXPENSE. 44
DIVISION 25. RESIDENCY REQUIREMENT. 45
DIVISION 26. GENERAL PROVISIONS. 45
26.1
45
26.2 MANAGEMENT RIGHTS. 45
26.3 NO STRIKE OR LOCKOUT OUT. 47
26.4 TITLES OR HEADINGS. 47
26.5 TOTALITY. 47
26.6 CONFLICT WITH EXISTING POLICIES OR REGULATIONS. 4.8
26.7 DRUG AND ALCOHOL TESTING. 48
26.8 WELLNESS PROGRAM 48
DIVISION 27. EFFECTIVE DATE OF AGREEMENT 48
APPENDIX A- DRUG AND ALCOHOL POLICY 50
APPENDIX B-WAGE AND LONGEVITY SCHEDULE-PATROLMAN 51
APPENDIX B-WAGE AND LONGEVITY SCHEDULE-SERGEANTS 52
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APPENDIX B-WAGE AND LONGEVITY SCHEDULE-LIEUTENANTS 53
APPENDIX C-WAGE AND LONGEVITY SCHEDULE-DISPATCHER 54
APPENDIX C-WAGE AND LONGEVITY SCHEDULE-CODE ENFORCEMENT AND ANIMAL
CONTROL/COMMUNITY SERVICE OFFICER 55
APPENDIX C-WAGE AND LONGEVITY SCHEDULE-PARKING ENFORCEMENT/TRAFFIC
SAFETY OFFICER 56
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AGREEMENT NO. 505
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON
AND THE POLICEMEN'S BENEVOLENT LABOR COMMITTEE.
WITNESSETH:
DIVISION 1. PURPOSE AND DEFINITION OF TERMS
This Agreement has as its purpose the promotion of harmonious
relations between the City of Canton and the Policemen's Benevolent Labor
Committee; the establishment of an equitable and peaceful procedure for the
resolution of differences; and the establishment of rates of pay, hours of work and
other conditions of employment.
1 .1 Definition of Terms.
For the purposes of clarification, various terms used in this contract
are defined as follows:
1.1.1 "Commissioned Officer" shall mean an employee of the City's Police
Department who is appointed to the department by the City's Fire and Police
Commission and who is subject to the said Commission's disciplinary powers.
1.1.2 "Civilian Employee" shall mean a full time employee of the City's Police
Department who is not appointed to the Department by the City's Fire and Police
Commission and is not subject to said Commission's disciplinary action.
1.1.3 "Employee" shall mean a full time employee of the City's Police
Department who is a member in good standing of the Policemen's Benevolent
Labor Committee, or, who is a nonmember paying dues thereto pursuant to
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Section 2.4 of this Agreement.
1 .1 .4 "Employer' shall mean the City of Canton and may be referred to as
City.
1.1.5 "Fiscal year' shall mean the fiscal year of the City of Canton, which is
the period of May 1st through April 30th.
1 .1 .6 "Hourly rate" shall mean the annual salary divided by 2,080 hours.
1 .1 .7 "Probationary employee" shall mean any newly hired or rehired full
time employee of the Police Department who has been hired or rehired for less
than twelve (12) consecutive calendar months.
1.1.8 "Union" shall mean the Policemen's Benevolent Labor Committee.
DIVISION 2. RECOGNITION
2.1 Bargaining Agent.
The Employer recognizes the Policemen's Benevolent Labor
Committee as the sole, exclusive bargaining agent for the purpose of establishing
salaries, wages, hours and other conditions of employment for employees of the
Police Department, both commissioned officers and other civilian employees
excluding secretaries, civilian administrative assistant, Chief and all others
excluded by Statute.
2.2 Probation Period.
The employment of any employee of the Police Department shall be
followed by a twelve (12) month probationary period. Such probationary period
shall be considered a period of test or trial for the commissioned officer and the
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Employer, during which time such employees may be discharged by the
Employer without cause. Nothing herein shall be construed, as to the
commissioned officers, to be other than in conformity with the Illinois Fire and
Police Commission Act (III. Comp. Stat. 65 ILCS 5/10-2.1-1 et seq.).
2.3 Non-Amointive Personnel.
After the probationary period, civilian employees may only be
discharged for cause upon majority approval by the City Council.
DIVISION 3. HOURS OF WORK.
3.1 Regular Hours.
Except as otherwise provided, the regular hours of work each day
shall be consecutive except that they may be interrupted by a lunch period.
3.2 Work Shift-Shift Bidding.
Except as otherwise provided, eight (8) consecutive hours of work shall
constitute a work shift. All employees shall be scheduled to work on a regular
work shift with consecutive hours and specific days. Each work shift shall have a
regular starting and quitting time.
Shift Bidding will take place beginning November 1st and ending
November 15th of each calendar year. All personnel will have the opportunity to
bid their respective shifts. The results of the shift bidding will become effective on
the first Sunday in January of the following year. These assignments will be posted
by December 1st. Preferred patrol shifts and dispatch shift selection shall be
offered to patrol officers and dispatchers by descending seniority until the
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designated shifts have been staffed to the proper levels. The Chief of Police will
determine the shift assignments of probationary Officers.
Notwithstanding, the Police Chief shall have the right to transfer employees
who have been permanently assigned to a shift under this section in order to
meet the bona fide operational needs of the department to achieve a
reasonable balance of experience on each shift, or to ensure the presence of
necessary specialty training on each shift, retirement, injury, or other long term
leave (example: family medical leave) and changes necessitated due to
personnel problems adversely affecting operations. Both parties agree that the
section will not be used in any way to retaliate against an employee. The
Employees will be given (21) days notice of a schedule change. This may occur
with less than (21) days notice if mutually agreed upon by the officer or dispatcher
and the chief or designee. If the change is to fill an emergency need, notice will
be no less than a 48 hour. An emergency can be defined as a serious situation or
occurrence that happens unexpectedly and demands immediate action. If the
reason for the transfer no longer exists and it would not adversely affect
operations, the officer or dispatcher shall be given the right to return to the shift
originally bid.
Specialty position shifts such as Investigations, K-9 and School Resource
Officer will be assigned at the sole discretion of the Chief of Police.
Should an officer request to leave their assigned specialty position and that
request is granted, the requesting officer shall be assigned to the shift of the officer
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who was placed in the specialty position until the next bidding cycle begins. A
person who is in a specialty position may also request to be removed from that
position at the time of the shift bidding process to help secure their desired shift
position.
Should an employee fail to request his or her preferred shift within the set
forth time, the Chief of Police or his designee will assign the employee to any
available position on the list.
3.3 Workweek.
Except as otherwise provided, the workweek for Sworn personnel and
Community Service Officer shall consist of five (5) consecutive eight (8) hour days.
Except as otherwise provided, the workweek for Dispatchers shall consist of two
(2) twelve (12) and two (2) eight (8) hour days.
3.4 Work Schedule.
Work schedules showing the employees' workdays and hours shall be
posted on a Department bulletin board at all times.
3.5 Shift Designation.
The 11 A.M. to 7 P.M. and 7 P.M. to 3 A.M. shifts shall be considered
the power shifts for the Patrol Division. Except as otherwise provided, the 7:00 A.M.
to 3:00 P.M. shall be considered the first shift; the 3:00 P.M. to 11 :00 P.M. shall be
considered the second shift; and the 11:00 P.M. to 7:00 A.M. shift shall be
considered the third shift of each day.
Dispatch shifts shall consist of a variation of 8 and 12 hour days beginning at
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6 A.M., 10 A.M., 2 P.M., 6 P.M., or 10 P.M.
3.6 Vacancies.
The Chief shall have authority to fill vacancies on a shift by first
seeking volunteers. If there are no volunteers then the Chief may reassign to fill the
vacancy by inverse seniority.
DIVISION 4. WAGES.
4.1 Schedule.
Employees shall be compensated as provided in the Wage and
Longevity Schedule, which is attached hereto and made a part hereof.
4.2 Pay Period.
The salaries and wages of employees shall be paid bi-weekly on
Friday, or the preceding Thursday, if Friday falls on a holiday. Payroll to include
hours worked through the preceding Saturday.
4.3 Communications Supervisor.
The Employer will agree to pay the Communications Supervisor
$1,200.00 in addition to the base pay for Dispatchers provided for in the Wage
and Longevity Schedule. This position shall be by appointment of the Chief.
4.4 Salaries and Longevity- For Commissioned Officers Only.
A. Base Salary. Commissioned Officers' base salary shall be in the
amounts set forth in the salary schedule specified in Appendix B
attached hereto.
B. Longevity. Commissioned officers shall be entitled to receive
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additional longevity salary payments based upon the service
requirements specified in the longevity schedule specified in
Appendix B attached hereto. Commissioned Officers will be moved
from Step-to-Step upon accrual of the required years of service unless
the Commissioned Officer qualifies for and is placed in Step A.
Commissioned Officers who meet the following requirements shall
qualify for and be placed in Step A:
(1) Eligible Commissioned Officers are those who have accrued at
least 20 years of service.
(2) Commissioned Officers with the required years of service shall
be entitled to longevity pay beginning on their anniversary
date of employment according to the longevity schedule in
Appendix B attached hereto. The schedule of longevity steps
specified in Appendix B are subject to readjustment by the
Union by January 1st of each calendar year provided that the
first one year longevity Step A shall be after 20 years of service.
The Union shall provide notice of the longevity steps to the
Chief by January 1st of each year.
(3) Commissioned Officers whose service time qualifies them for
placement in Step A shall be entitled to receive the longevity
step for a maximum period of one (1) year. After such period
the employee shall revert back to the base salary schedule set
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each of the following periods have been attained: Employees, after three (3)
years of continuous service, shall be granted an additional calendar week of
vacation (not to exceed five (5) working days) each year. Employees after ten
(10) years of continuous service shall be granted an additional calendar week of
vacation (not to exceed five (5) working days) each year. Employees, after
fifteen (15) years of continuous service shall be granted an additional calendar
week of vacation (not to exceed five (5) working days) per year.
1 year but less than 3 years - 2 weeks vacation
3 years but less than 10 years - 3 weeks vacation
10 years but less than 15 years - 4 weeks vacation
15 years or over- 5 weeks vacation
Employees who are hired after May 1, 1994, shall accumulate vacation
based upon the following schedule payable at the same rate as provided for
hereinabove:
1 year but less than 3 years - 2 weeks vacation
3 years but less than 10 years - 3 weeks vacation
Over 10 years - 4 weeks vacation
Vacations will be scheduled to meet the operating requirements of the City
with preference given to the employee with seniority whenever possible.
5.1 Accumulation of Vacation Time.
Vacation time shall be used during the anniversary year of the
employee during which an employee becomes entitled thereto, unless the Police
Chief makes a written request during such anniversary year for extension to the
office of the Mayor who shall approve or disapprove same. When vacations
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forth above (Appendix B) and shall be paid salary based on
the step in the salary schedule (Appendix B) corresponding to
their service time.
4.5 K-9 Officer.
The K-9 Officer shall be compensated for maintenance of the dog
and kennel which are located at the K-9 Officer's residence. This compensation
covers daily feeding and watering, kennel cleaning, dog grooming, vehicle
cleaning and K-9 exercising.
This compensation does not include K-9 training, veterinary care, or
call-out time for K-9 usage. Compensation will be paid in three (3) equal
installments of $800.00 each, payable on the 1st pay week of April, August and
December.
4.6 Training Officer
The Certified Training Officer and Communications Training Officer
will be paid one (1) hour compensatory time for each shift that a Training Officer
has a recruit.
DIVISION 5. VACATION.
Each employee hired prior to May 1, 1994, shall be eligible for the following
vacation. Vacation will be paid at the rate it was earned. After one (1) full year
of service, an employee shall accumulate two (2) full calendar weeks (not to
exceed ten (10) working days) vacation leave with pay. Employees shall be
granted additional vacation leave on the employment anniversary date when
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cannot be granted during the anniversary year, employees shall be paid their
regular straight time rate for all unused vacation in lieu thereof.
5.2 Vacation Rights in Case of Layoff or Separation.
Any employee who is discharged, retired, or separated from the
service of the Employer for any reason, prior to using vacation time due, shall be
compensated in cash for the unused vacation accumulated at the time of
separation.
5.3 Scheduling of Vacation
On December 15th, of each fiscal year the Chief shall post a vacation
schedule to include available vacation slots for the following calendar year.
Employees shall bid for the vacation slots within each classification for thirty (30)
days. The employee with seniority shall be awarded the vacation. Thereafter
vacations will be filled on a first come first serve basis. All vacation shall be
approved by the Chief. A vacation slot bid and approved shall not be
changed by the employee or the Employer unless by mutual consent.
DIVISION 6. HOLIDAYS.
6.1 Days Designated.
The following days are holidays with pay for all employees: New
Year's Day (1 January), Martin Luther King Day (3rd Monday in January) (effective
5/1/15), President's Day (3rd Monday in February), Good Friday, Independence
Day (4 July), Thanksgiving Day (4th Thursday in November), Memorial Day (last
Monday in May), Labor Day (1st Monday in September), Veterans Day (11
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November), and Christmas Day (25 December), and Employees Birthday
(effective 5/1/15)
The Employees Birthday shall be awarded the day of their birthday as a
paid holiday at a straight rate. This day shall be awarded as a day off with pay. If
the employee's birthday should fall on their regular day off, the employee shall be
given another day off during that week. The employee will not be allowed to take
their birthday off if it creates overtime. However, an alternate day shall be given.
The employee must take their birthday off within one year's time. The employee's
birthday will be used for the sole purpose of having time off. Employees will not be
allowed to use their birthday for monetary gain.
6.2 Holiday Pay.
Each employee shall receive and be paid a "holiday" consisting of
eight (8) hours of regular pay applicable to each person, provided, however, that
such employee works the day before and the day after the holiday, or has a
scheduled day off, or an excused absence the day before or after the holiday
and provided further, that such employee shall be and remain employed by the
City both before and after applicable holiday. Employees shall have the option of
cash compensation or an equivalent amount of compensatory time.
6.3 Holidays Worked.
An employee's workday shall be determined by the calendar day on
which his shift begins should the employee's shift begin on a holiday designated in
Section 6.1, and such a day is part of the employee's regular work week, such
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service, an employee shall earn four (4) hours of personal leave and four (4) hours
of sick leave for each month worked during the current fiscal year. Personal leave
may only be used when requested and approved by the Chief of Police.
7.2 Computation of Sick/Personal Leave-Non Probationary Employees.
All non-probationary employees shall begin each fiscal year eligible
for eighty (80) hours of which forty (40) may be used as personal leave when
requested and approved in advance by the Chief of Police and forty(40) may be
used as sick leave. Notwithstanding anything herein to the contrary, eight (8)
hours personal leave per shift for the Department, may be taken with twenty-four
(24) hours' notice on a first come first serve basis.
7.3 Illness of Employee.
Use of sick leave shall only be used for injury off duty, illness or
exposure to contagious disease. Employee shall be governed by the following
requirements in order to be eligible for pay during such sick leave. Employee
must:
(a) Report promptly the reason for absence to the on-duty
shift commander or Chief of Police.
(b) Keep the Chief of Police informed of employee's
condition if the absence is more than three (3)
consecutive days duration.
(c) The Chief may require an affidavit or doctor's excuse if
there is reasonable suspicion of abuse of sick leave.
7.4 Pay In Lieu of Personal Leave.
Should an employee not use all or any of the forty (40) hours personal
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employee shall receive and be paid the holiday pay set forth in Section 6.2 in
addition the employee shall be paid at the rate of double time for all hours
worked on a holiday in addition to the eight (8) hours of holiday pay. The
Community Service Officer and Traffic Safety Officer not essential to immediate
public safety may be given the day off rather than granted the holiday. If any of
the above are called into work on the designated holiday, the employee will be
paid holiday pay for actual hours worked in accordance with Section 9.2 of this
contract. The Chief may schedule the detectives to work holidays. Ten (10)
holidays will be paid to the employees assigned to the Detective Unit. Scheduling
of the ten (10) holidays will be subject to the request of the employee with a
recommendation made by their supervisor and approval of the Chief.
6.4 Holiday Falling on Vacation or Regular Day Off.
If a holiday designated in Section 6.1 occurs during a vacation,
employees may take the day off without being charged a vacation/personal day
or may use a vacation/personal day and receive either (8) hours at straight time
or comp time. If the holiday occurs on a regularly scheduled day off, the
employee will receive eight (8) hours' additional pay at the straight time or comp
time.
DIVISION 7. SICK AND PERSONAL LEAVE.
7.1 Computation of Sick/Personal Leave- Probationary.
Computation of sick/personal leave for employees shall be
computed with reference to the fiscal year of the City. After sixty (60) days of
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any other paid leave unless the employee had it accrued prior to the leave of
absence, or unless otherwise provided for by law.
8.2 Job Related Disability.
Any police officer injured while performing assigned tasks, shall be
eligible for injury leave in compliance with Section 1 of the Public Employee
Disability Act and any civilian employee injured while performing assigned tasks
during the course of employment shall be eligible for worker's compensation
under applicable State Statutes as they may be approved and amended from
time to time by the Governor. The employee shall be responsible for causing
periodic reports to be submitted by the attending physician to the Chief of Police,
on forms prescribed by the Employer.
8.3 Military Leave.
Employees shall be granted such leave in accordance with the
provisions of 65 ILCS 5/10-2.1-23 and 2.1-24.
8.4 Bereavement.
Each employee shall be granted up to three (3) calendar days of
bereavement leave when a death occurs in the employee's immediate family.
(Immediate family shall include: spouse, children, mother, father, brother, sister,
current mother-in-law, current father-in-law, current brother-in-law, current sister-in-
law, grandparents, current grandparent-in-laws, grandchildren, step relatives, and
legal guardian). Additional vacation time or other accrued leave time may be
taken with approval of the Chief. Bereavement leave shall be with pay for any
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leave, the employee shall be paid in lieu thereof for each unused hour. Personal
leave may be held over to the next fiscal year by first obtaining written consent of
the Chief of Police and of the Mayor prior to the start of the next fiscal year.
7.5 Accrual of Sick Leave.
Should any or all of the forty (40) hours sick leave_not be used by the
employee during the fiscal year, all unused days shall be accrued. Employee
may accrue up to a total of seven hundred twenty (720) hours. Payment for up to
four hundred eighty (480) accumulated hours shall be made upon retirement or
voluntary resignation.
7.6 Call In for Emergency Duty.
In the event that an employee is called in for emergency duty on
any such day outside of the employees regular work hours, said employee shall
be paid the overtime rate.
DIVISION 8. LEAVE
8.1 Disability Leave.
If an employee becomes sick or injured off-the-job and is temporarily
disabled from performing his duty, the employee shall be eligible to receive
disability benefits under the City's Loss of Time Insurance Policy. Notwithstanding
anything herein to the contrary, any employee who is on an unpaid leave of
absence for more than thirty (30), or worker's compensation for more than forty-
five (45) working days (Monday through Friday excluding holidays), shall not be
paid nor shall they accrue any vacation, holidays, personal days, stress days or
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FLSA, and over forty-three (43) hours at time and one-half for all hours worked in
the week. For Civilian employees overtime will be paid after forty (40) hours at
time and one-half (1 1/2). All time will be paid in quarter hour increments to the
nearest quarter hour. Employees (except K-9 Handlers and Detectives) called in
for additional duty shall also be paid at one and one half (1 1/2) times the regular
rate, with a four (4) hour minimum. Call in time on a holiday will be paid at
double time, with a four (4) hour minimum. K-9 Handlers and Detectives called in
for additional duty shall be paid a minimum of two (2) hours at time and one-half
their regular rate and double time on holidays. Minimum shift overtime on a
Holiday will be paid at the double time rate in accordance with Section 6.3. If
called out for reasons other than K-9 Handler or Detective duty, they will receive
the four (4) hour minimum at the appropriate rate (time and one-half or double
time).
9.3 Call In from Vacation.
Employees called in while on vacation shall be paid at the rate of
double time for all hours worked with a minimum of four (4) hours.
9.4 Temporary Rank Pay.
When a commissioned officer is assigned to temporary rank of acting
Chief of Police, by the Chief of Police, or Mayor, or, in writing, such commissioned
officer shall be granted temporary acting Chief of Police with pay in the amount
of fifty dollars ($50.00) per week during the period of such assignment. No
assignment shall be for a period of less than one (1) full workweek (five (5) working
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regular scheduled workdays.
8.5 Miscellaneous Leave Policies.
The Chief of Police has the authority to approve other leaves of
absence without pay. Such leaves of absence shall be requested by the
employee, approved by the Chief of Police, and reported to the Office of the
Mayor. Other leaves of absence with pay shall be authorized by the Mayor upon
recommendation of the Chief of Police. Action by the Mayor may be secured
upon submission of an approved request from the Chief of Police. No employee
may be absent without the permission of the Chief of Police.
8.6 Family Medical Leave Act.
All leaves for medical reasons as the same may be defined under
the Family and Medical Leave Act of 1993, as amended, shall be as prescribed
by said Act.
DIVISION 9. SPECIAL PAY PROVISIONS.
9.1 Court Time.
Court time shall be paid at the regular hourly rate for all hours outside
the employee's regular shift. Employees required to appear in Court shall be paid
a four (4) hour minimum for the time they are required to be in court. Employees
shall be paid a two (2) hour minimum for other activities, which are court related.
9.2 Overtime.
Eight (8) hours per day shall be paid at the rate of straight time up to
forty-three (43) hours per week in quarter hour increments as determined by the
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9.6 Compensatory Time Off
Compensatory time off shall be given when the employee works in
excess of the employee's regular shift and the employee requests compensatory
time in lieu of cash compensation for such overtime work. Compensatory time off
shall be calculated at the rate of one and one half (1 1/2) times the hours actually
worked and may be accrued up to eighty (80) hours. The employee may use
these hours under the same rules that govern personal days. Should the
employee not use his accrued hours by the end of the fiscal year of accrual,
employee shall be paid in lieu of the accrued hours. Employee may request the
survival of said hours beyond the fiscal year of accrual by written request to the
Chief of Police during the fiscal year of accrual.
9.7 Overtime Rotation.
Overtime work shall be rotated among all employees within the
Department so far as practical. An overtime list shall be posted and maintained
up to date by the Chief of Police.
When overtime is required and there are no volunteers for said
overtime assignment, a supervisor, or officer acting in his stead, may order an
employee in to fill the vacancy. Initially, Officers will be ordered in based on their
seniority in rank beginning with the least senior Patrolman through the most senior
Lieutenant and Telecommunicators from the least senior through the most senior
until the vacancy is filled, provided that no one who has worked sixteen (16)
continuous hours or is on a pre-approved vacation or personal day shall be
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days).
When a commissioned officer is assigned to a temporary rank higher
than the permanent rank of the employee, other than the Acting Chief of Police,
by the Chief of Police, or Mayor, or the Police and Fire Commission, such
employee shall be granted temporary rank pay equivalent to the seniority step
pay of the higher rank during the time period of such assignment. On days where
there is no Patrol Supervisor, Commissioned Officers assigned as Senior Officers
shall receive $10.00 per shift in addition to their regular wages.
9.5 Night Bonus.
Any commissioned officer who works a regular eight (8) hour shift
anytime between the hours of 3:00 P.M. an 7:00 A.M. shall receive a night bonus of
5% added to the basic hourly wage for each hour worked between 3:00 P.M. and
7:00 A.M. Telecommunicators who work a regular eight (8) hour shift between the
hours of 2:00 P.M. and 6:00 A.M. shall receive and be paid a night bonus of 5%
added to the basic hourly wage for each hour worked between the hours of 2:00
P.M. and 6:00 A.M.
Commissioned officers assigned to Detectives, subject to call-out
status shall receive a sum equal to the night bonus provided for herein, added to
their base salary. All such assignments are directed by the Chief of Police.
Detectives are not eligible for additional night bonus based on hours worked as
mentioned in the first Paragraph of this Section.
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of this amount shall be made on the first payday in May.
10.2 Civilian Employees.
Civilian employees, except the Community Service Officer and Traffic
Safety Officer, required to be in uniforms shall be paid an annual clothing
allowance of $375.00 for regulation clothing as provided for by the City Council.
The Community Service Officer and Traffic Safety Officer required to be in uniform
shall be paid an annual clothing allowance of $500.00 for regulation clothing as
approved by the City Council. The payment of this amount shall be made on the
first payday in May.
10.3 Probationary Employees Payment.
A probationary employee shall be paid the clothing allowance at
the time of his employment.
10.4 Probationary Employee/Reimbursement/Termination.
In the event of the termination of a probationary employee, for any
reason whatsoever, such employee shall reimburse to the Employer for clothing
allowance paid as follows: One-half shall be retained by the employee. The
remaining one-half shall be reimbursed to the Employer in that percentage
amount which the remainder of the probationary year existing at the time of
termination bears to the full twelve (12) month probationary period.
10.5 Non-Probationary Employee/Reimbursement/Termination.
In the event of the termination for any reason, except retirement, of a
non-probationary employee, such employee shall reimburse the Employer on
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ordered in to work. Any employee so ordered in shall not be subject to another
mandated overtime order until the call in has progressed through the list, so far as
practical.
Any officer assigned to the detective division shall not be subject to a
mandatory call in while acting as the on call detective.
9.8 Training.
Any employee authorized to attend a training school shall be paid
for time incident thereto at his regular hourly rate.
9.9 Trading Time
With the approval of the Chief of Police or his designee, employees
will be permitted to trade time, provided that the employees perform the same
job function and are each qualified to perform the basic duties of the other.
However, a patrol supervisor shall only be allowed to trade with someone of a
lesser rank provided there is another supervisor on duty during the effected time or
there is prior approval by the Chief of Police. Trading of time shall not cost the
Employer overtime. Repayment of duty trade time for the employee actually
working shall be the responsibility of the individual employees and not the
Employer.
DIVISION 10. CLOTHING ALLOWANCE.
10.1 Annual Payment.
All employees shall be paid an annual clothing allowance of $650.00
for regulation Policemen's clothing as approved by the City Council. The payment
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account of clothing allowance paid as follows: Such employee shall reimburse
the Employer clothing allowance paid in the current fiscal year of the employee's
termination that percentage amount of the clothing allowance paid in such fiscal
year which the remainder of such fiscal year existing at the time of termination
bears to the whole of such fiscal year.
10.6 Reimbursement Deduction.
In every instance, the reimbursement hereinabove due shall be
deducted from such money amounts, which may be yet due, and payable from
and by the Employer.
10.7 Equipment Furnished.
The City shall furnish all commissioned officers with a sidearm, riot
baton, flashlight, hat badge, breast badge, raincoat and ballistic vest. The City
further agrees that replacement of same shall be made by the City when the
Chief of Police deems necessary. Equipment damaged in the line of duty will be
repaired or replaced at the expense of the City.
DIVISION 11. MEAL PERIOD.
All employees shall be granted a thirty (30) minute lunch period during
each work shift. Whenever possible, the lunch period shall be scheduled at the
middle of each shift, provided, however, that the same shall never interfere with
assigned or emergency duties.
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DIVISION 12. EMPLOYEE'S INSURANCE.
12.1 Payment.
Effective May 1, 2009 through April 30, 2020, employees will
contribute 20% of the premium cost for the healthcare plan elected by the
employee for single or family coverage. Effective May 1, 2020, employees will
contribute 24% of the premium cost for the healthcare plan elected by the
employee for single or family coverage. The City shall pay the balance.
Payments shall be through payroll deduction and their Section 125 Plan.
Healthcare insurance is defined as the City's healthcare coverage including
dental for employees and their dependents. Notwithstanding the foregoing
effective May 1, 2009 employees receiving longevity in Steps A as provided in
Article 4.4 Appendix B shall pay from their salary the following additional
amounts toward the cost of health insurance:
1 ) Step A: $625.00 per month
12.2 Coverage.
The amount of the insurance coverage shall be at least as much as
the coverage in force at the signing of this Agreement. Term life insurance for a
spouse and dependent child over six (6) months of age and under the age of
18, or if in college under the age of 21, shall be $10,000.00 and term life
insurance for employee shall be $40,000.00. Life insurance for active employees
at age 65, decreases by 35% and at age 70, decreases by 50%. Life insurance
coverage shall be for all employees and dependents without consideration of
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possible changes to and/or additions to the existing plan. The committee shall
only make recommendations to modify the existing plan with a 2/3 majority vote
of the committee. No recommended change shall substantially change the
benefit levels and coverage of the existing plan. Also this committee will be
empowered to hear complaints on insurance payments. The City shall have the
final authority on any recommended changes or appeals on payments.
12.5 Post Employment Health Plan (PEHPI
Effective May 1, 2007 the Employer shall cause a PEHP Plan to be
established through the Security Benefit Group under Internal Revenue Code
Section 501 (c)(9). Annually, the Employer will fund the Plan by calculating 2% of
the entire bargaining unit base pay for full-time employees for the preceding
fiscal year. That amount shall be divided by the total number of current full-time
bargaining unit employees. The result of that calculation will equal the
"annualized contribution" that shall be paid by the Employer. The annualized
contribution will then be paid on a monthly basis for all full months of service the
employee works in the following fiscal year. For the first year of the PEHP Plan,
the Employer shall take the annualized contribution based on the fiscal year
2006 base pay and begin the monthly contributions for each employee on May
1, 2007.
12.6 Internal Revenue Code Section 125 Plan
Beginning May 1, 2009 the Employer shall deduct from the payroll of
all employees participating in the City's Group Health Care Plan 20% of the then
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whether the employee or dependents are covered under the City's healthcare
plan.
Disability pay shall be two-thirds (2/3) of the employee's normal paycheck.
Should the City decide that a change in insurance companies is beneficial; the
proposed new coverage shall be submitted to the Union for its information and
review.
12.3 Employee Deductible.
Prior to payment of claims by or on behalf of the Employer in any
given calendar year for any given employee, (to include payments for
employees' dependents), that employees shall first be required to pay the first
$500.00 aggregate amount of any such claim(s) for a employee without
dependents; or, $1,000.00 aggregate for an employee with dependents.
12.4 Insurance Committee.
A Joint Health Insurance committee shall be formed and be
comprised of the following persons who accept invitations to participate:
1. A Representative of City Council
2. A Representative of I.A.F.F. Local 1897
3. A Representative of A.F.S.C.M.E. Local 1372
4. A Representative of the Policemen's Benevolent
Labor Committee.
5. A Representative of Non-Represented Employees
6. A Representative of Management
7. A Park District Representative
8. A Parlin Ingersoll Representative
This committee shall be empowered to research and analyze the
existing coverage and benefits, as well as, available plans to recommend
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to the municipality in accordance with the premium payments determined by
the City. Notice of continued coverage and election of continued coverage
shall be in accordance with 215 ILCS 5/367j as it exists or is amended from time
to time. Life insurance for retirees prior to 65 shall be $10,000.00. That at age 65
the retirees life insurance coverage shall be terminated and no longer provided
for the retiree or for spouse/dependents.
13.2 Retired Employees - Before May 1, 1994.
For employees who have retired before May 1, 1994, and who have
twenty (20) years of service and who have reached fifty (50) years of age, or who
have twenty-five (25) years of service regardless of age, the Employer shall pay
the full amount of the applicable insurance premium. Premium payment shall be
for the retiree, retiree's spouse, and dependent children. Retired employees who
become reemployed where insurance coverage is provided by the new
employee shall be excluded from this provision. Upon attaining his age of sixty-
five (65) years or such other age as Congress may subsequently determine this
coverage shall terminate and the retired employee shall make application to
Medicare or to its successor program. The retired employee shall have the option
of purchasing Medicare supplement insurance at his expense through the City's
group insurance carrier, if available.
13.3 Retired Employees.
Employees, who retire after May 1, 1994, and before May 1, 2009,
regardless of age, shall pay a premium equal to 3% of their pension. Employees
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current healthcare premiums for their elected Plan coverage plus whatever
amounts the employee may direct in addition to that contribution. Such
amounts shall be pretax and shall be deposited into each employee's Section
125 Plan account. Each month the Employer shall be authorized to withdraw
from the employee's Section 125 Plan 20% of the current premium cost for the
Plan coverage elected by the employee.
12.7 Insurance Coverages
The Employer agrees that no less than every five (5) years they will
competitively bid the insurance provisions of their insurance policy to determine
the best and most effective cost for the City's Plan.
DIVISION 13. RETIREMENT INSURANCE.
13.1 Life Insurance and Retirement Insurance.
The insurance coverage for retired employees shall consist of the
overall group plan of hospital, health, dental and life insurance coverage
offered to employees of the City. The insurance coverage may change from
time to time as it changed for the entire group and the City reserves the right to
change coverages or premium co-pays for the entire group without
discrimination between its employee participants and its retiree participants.
Continuation for the retiree's spouse will be in accordance with the terms and
conditions of the policy provisions as they may exist from time to time for the
termination of the "retirement or disability period" and continued coverage is
conditioned upon the retiree's obligation to pay the monthly premium directly
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who retire after May 1, 2009 shall pay the same premium paid by other active
employees of the City for single and dependent coverage. Payments shall be
paid in twelve (12) equal monthly installments. Premium payments shall be for the
retiree, retiree's spouse, and dependent children. Retired employees who
become reemployed where insurance coverage is provided by the new
Employer shall be excluded from this provision. Upon attaining his eligible age of
65 years for Medicare or such other age as Congress may subsequently
determine, this coverage shall terminate and the retired employee shall make
application to Medicare or to its' successor program. The retired employee shall
have the option of purchasing Medicare supplement insurance at his expense
through the City's group insurance carrier, if available.
13.4 Disabled Employee and Spouse and Dependents of Deceased
Commissioned Officer.
Employees who are hired after May 1, 2007, and retire, or are
otherwise disabled as that term is defined under Article 7 of the Illinois Pension
Code, shall be entitled only to the continuation of benefit coverage provided
under 215 ILCS 5/367j, as it exists or is amended from time to time. Employees
hired after May 1, 2007 and retiring after May 1, 2009 or who are disabled off-duty
after May 1, 2009, shall be responsible for 75% of the premium payment for both
single and family coverage.
DIVISION 14. TRAVEL ALLOWANCE.
When an employee is authorized or required to drive a personal car for
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purposes related to employment, the employee shall be compensated therefore
at the rate of pay appropriated by the Internal Revenue Service per mile for each
mile necessarily traveled.
DIVISION 15. STRESS DAY.
All commissioned officers shall receive one Sunday off per calendar month
with pay as a stress day. Civilian employees shall receive five (5) stress days per
year (one every 73 days). Effective May 1, 2015 Civilian employees shall receive
seven (7) stress days per year. However, it is recognized that such officer is subject
to emergency call in without additional pay. With the prior consent of the Police
Chief, an officer's normal workweek may, from time to time, be modified to
accommodate the stress day.
DIVISION 16. EMPLOYEE TELEPHONE REQUIRED.
Employee shall be required to have a telephone and shall keep the Chief
of Police advised, in writing, of such phone number and of any changes thereto.
DIVISION 17. POLICE SHIFT OPENING.
17.1 New Position Openings.
When an opening on a shift is created by retirement, resignation, or
discharge of an employee, such opening will be conspicuously posted on the
bulletin board at Police Headquarters for a period of seven (7) days. During this
period, qualified employees who are interested in said opening shall make known
their interest, in writing, to the Chief of Police. The Chief of Police shall give due
consideration to the most senior employee making such request when filling said
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position.
17.2 Secondary Position Openings.
Secondary positions that may become open due to the previous
stated policy shall likewise be posted for a period of three days.
DIVISION 18. DUTIES OF POLICE EMPLOYEES.
The duties of all employees shall be in accordance with the State Statute,
City Ordinances or resolutions, job description, or, local custom, as the same may
be promulgated from time to time.
DIVISION 18.A. DISCIPLINE.
Discipline shall be progressive and corrective and shall be designated to
improve the behavior and not merely punish it. Those employees who are
commissioned officers shall be subject to the disciplinary requirements and
procedures of the Canton Police and Fire Commission or the grievance
procedure herein. Such commissioned officers shall make an irrevocable election
to appeal any discipline (i.e. suspension, discharge, demotion and/or
reassignment) through the grievance procedure or the Canton Fire and Police
Commission within ten (10) calendar days after receiving notice of the discipline.
All employees covered by this Agreement shall be suspended, relieved from duty
or disciplined in any manner only for just cause.
All disciplinary actions taken against a civilian employee shall be subject to
the grievance procedure set forth in Division 20.
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DIVISION 19. MONTHLY DEPARTMENTAL MEETINGS.
Routine Departmental meetings of all employees may be called on a
monthly basis for the purpose of receiving and disseminating necessary
information.
19.1 Payment.
Meetings shall be with pay, at an appropriate rate. Time spent in
such meetings shall be considered hours worked, for a minimum of one (1) hour.
19.2 Schedule.
The Chief of Police shall notify all employees of the Department
meeting at least one (1) week in advance.
19.3 Other Meetings.
No provision of this Section shall be construed to prohibit the calling
of a Departmental meeting as may be necessary. Time spent in such meetings
shall be considered hours worked, with a one (1) hour minimum, if the employee is
not on duty.
DIVISION 20. SETTLEMENT OF GRIEVANCES.
20.1 Purpose.
Amicable settlement of grievances between Employer and
employee is recognized in principal and with the intention that the same shall
be applied in practice to the fullest extent possible.
20.2 Definition and Procedure.
A grievance is a dispute or difference of opinion raised by one or
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more employees against the City of Canton, involving the meaning,
interpretation or application of the express provisions of this agreement. The
grievance procedure shall be available for discipline for all civilian employees.
A grievance shall be processed in the following manner:
Step 1 : An employee who has a grievance shall submit it to the
Chief of Police. The Chief of Police shall give a written answer within
five (5) working days after such presentation.
Step 2: If the grievance is not settled in Step 1 and the employee
wishes to appeal the grievance to Step 2 of the grievance
procedure, it shall be referred in writing to the City Council or the
City Personnel Committee two (2) days prior to their next regularly
scheduled meeting at which time the employee and the Union
may present their grievance to the City for its consideration. If no
settlement is reached, the Mayor, or his or her representative, shall
give the City's written answer to the Union President within five (5)
working days following their meeting.
Step 3: If the grievance is not settled in Step 2 and the employee
wishes to appeal the grievance to Step 3 of the grievance
procedure, it shall be referred in writing to the Mayor within five (5)
working days after the answer in Step 2 and shall be signed by both
the employee and the Union President. The Mayor, or his or her
representative, shall discuss the grievance within five (5) working
days with the Union President at a time mutually agreeable to the
parties. If no settlement is reached, the Union or the City may
request arbitration in accordance with 20.3 herein.
20.3 Arbitration.
If the grievance is not settled in accordance with the foregoing
procedure, the Union or the City may refer the matter to arbitration within seven
(7) working days after receipt of the City's answer in Step 3. The parties shall
attempt to agree upon an arbitrator within five (5) working days after receipt of
notice of referral and in the event the parties are unable to agree upon an
37
arbitrator within said five (5) day period, the parties shall immediately present a
joint request to the Federal Mediation and Conciliation Service to submit a
panel of seven (7) arbitrators. Both the City and the Union shall have the right to
alternately strike three (3) names from the panel one (1) at a time. The party
requesting arbitration shall make the first strike. The remaining person shall be
the arbitrator. The arbitrator shall be notified of his or her selection by a joint
letter from the City and the Union requesting that he or she set a time and
place, subject to the availability of the City and Union representatives.
20.4 Authority of Arbitrator.
The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this Agreement. He or she shall
consider and decide only the specific issue submitted to him or her in writing by
the City and the Union and shall have no authority to make a decision on any
other issue not so submitted to him or her. The arbitrator shall be without power
to make decisions contrary to or inconsistent with or modifying or varying in any
way the application of laws and rules and regulations having the force and
effect of law. The arbitrator shall submit in writing his or her decision within thirty
(30) days following the close of the hearing or the submission of briefs by the
parties, whichever is later, unless the parties agree to an extension thereof. The
decision shall be based solely upon his or her interpretation of the meaning or
application of the express terms of this Agreement to the facts of the grievance
presented. The decision of the arbitrator shall be final and binding, unless
38
otherwise appealed or modified according to the Uniform Arbitration Act.
This Section relating to binding grievance arbitration shall not be
interpreted to in any way to be a delegation to the arbitrator of authority to
determine matters relating to the establishment of wages, hours of employment
or working conditions.
20.5 Expenses of Arbitration.
The fee and expenses of the arbitrator and the cost of a written
transcript shall be divided equally between the city and the Union provided,
however, that each party shall be responsible for compensating its own
representative and witnesses.
20.6 Time Limit for Filing.
No grievance shall be entertained or processed unless it is
submitted within ten (10) working days after the occurrence of the event giving
rise to the grievance or within ten (10) working days after the employee through
the use of reasonable diligence should have obtained knowledge of the
occurrence of the event giving rise to the grievance.
If a grievance is not presented within the time limits set forth above,
it shall be considered "waived". If a grievance is not appealed to the next Step
within the specified time limit or any agreed extension thereof, it shall be
considered settled on the basis of the City's last answer. If the City does not
answer a grievance or an appeal thereof within the specified time limit, the
Union may elect to treat the grievance as denied at that Step and immediately
39
appeal the grievance to the next Step. The time limit in each Step may be
extended by mutual written agreement of the City and Union President involved
in each Step. The term "working days" as used in this Article shall mean the days
Monday through Friday inclusive when employees covered by this Agreement
are scheduled to work.
20.7 Application of Evidence Rules.
The rules of evidence applicable to the Circuit Courts in Illinois shall
be applied to arbitration proceedings hereunder as they are customarily
applied in other administrative hearing proceedings in the State of Illinois.
DIVISION 21. CHECK OFF SYSTEM AND UNION SECURITY.
21.1 Dues Check Off.
Upon receipt of a signed authorization in the form set forth herein, the
City will deduct from the pay of an employee covered by this Agreement the
monthly dues in the amount payable by him or her as certified by the Union to the
City. Deductions shall be made equally from earnings payable on the second
paycheck of each month beginning with the first month immediately following
the date of receipt of such authorization. Such deduction shall be remitted to the
Union within fifteen (15) days after the deduction has been made. The
authorization card shall be as follows:
AUTHORIZATION FOR PAYROLL DEDUCTION TO: CITY OF CANTON, ILLINOIS
I hereby request and authorize you to deduct from my earnings the monthly
Union membership dues established by the Policemen's Benevolent Labor
40
Committee. I authorize and direct you to deduct membership dues from my
second paycheck each month after the date this assignment is delivered to you
and to remit same to the Union.
This Agreement, authorization, and direction shall become operative on the
date it is delivered to you and may be revoked in writing at any time.
Date
Name
21.2 Fair Share Deductions.
Employees covered by this Agreement who are not members of the
Union paying dues by voluntary payroll deduction shall be required to pay in lieu
of dues, their proportionate fair share of the costs of the collective bargaining
process, contract administration and the pursuance of matters affecting wages,
hours and conditions of employment in accordance with the applicable Labor
Relations Act. The fair share payment, as certified by the Union, shall be
deducted by the Employer from the earnings of the non-member employees. The
aggregate deductions of the employees and a list of their names, addresses and
social security numbers shall be remitted semi-monthly to the Union at the address
designated in writing to the Employer by the Union. The Union shall advise the
Employer of any increase in fair share fees in writing at least fifteen (15) days prior
to its effective date. The amount constituting each non-member employee's
share shall not exceed dues uniformly required to Union members.
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21.3 Religious Exemption.
Should any employee be unable to pay their contribution to the
Union based upon bona fide religious tenets or teachings of a church or religious
body of which such employee is a member, such amount equal to their fair sharer
shall be paid to a non-religious charitable organization mutually agreed upon by
the employee affected and the Union. If the Union and the employee are unable
to agree on the matter, such payments shall be made to a charitable
organization from an approved list of charitable organizations. The employee will
on a monthly basis furnish a written receipt to the Union that such payment has
been made.
21.4 Notice and Appeal.
The Union agrees to provide notices and appeal procedures to
employees in accordance with applicable law.
21.5 Indemnification.
The Union shall indemnify, defend, and hold the Employer harmless
against any claim, demand, suit or liability arising from any action taken by the
Employer in complying with this Division 21, or, any portion thereof.
DIVISION 22. ACCRUAL AND FORFEITURE OF SENIORITY.
All employees shall be given seniority beginning with the date of
employment with the Department. Months of layoff do not count toward
seniority. Temporary full time employees shall be allowed credit for seniority for
continuous past month's service if hired on a permanent basis without a lapse in
42
shall be by seniority in rank. Layoffs of commissioned officers to reduce the size of
the Department shall be by overall seniority in the Department. Or, a combination
of the foregoing may be utilized, as, for example, in a reduction of both
Department size and rank structure.
Civilian employees shall be laid off by reference to overall
Departmental seniority within the class of departmental civilian employees.
Civilian employees of greater overall seniority may be laid off before less senior
employees are laid off.
23.3 Order to be Followed in Call Back.
Recall of commissioned officers shall be in conformity with the
requirements of the Fire and Police Commission Act (65 ILCS 5/10 2.1-1 et seq.),
that is to say, by inverse order of layoff.
Civilian employees shall be recalled by the inverse order of layoff
within the class of civilian employees.
Commissioned officers laid off at a later date may be recalled
before civilian employees laid off at an earlier date.
DIVISION 24. EDUCATION EXPENSE.
The City shall reimburse the employee for tuition and books required for
attending any job-related course or for attending any course required for a job
related degree. In the amount not reimbursed by other agencies, provided such
was approved in advance by the Chief of Police. The above requirement would
be contingent upon the successful completion of such course.
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employment.
Seniority shall be forfeited for any of the following reasons:
(a) Employee resigns; and
(b) Employee is discharged for just cause.
Officers who are promoted or appointed to a police management position
will continue to accrue bargaining unit seniority while they serve in that capacity.
If said officer subsequently leaves the police management position, he/she shall
be allowed to return to the rank he/she held prior to the promotion/appointment.
DIVISION 23. LAYOFFS.
23.1 Notice to be Given.
Any commissioned officer or civilian employee may be laid off for
lack of work or funds without reflection on the commissioned officer's or civilian
employee's standing. At least two (2) weeks' notice of the effective date of a
layoff shall be given each employee affected thereby. Nothing herein shall
constitute a waiver of any rights or obligations the Union or the Employer may
have under the ILRA. The Employer agrees to bargain over the impact of the
layoff, as determined in the sole discretion of the Employer. The bargaining shall
commence with ten (10) days of the notice.
23.2 Order to be Followed When Laving Off.
Commissioned officers shall be laid off in conformity with the Illinois
Fire and Police Commission Act. (65 ILCS 5/10-2.1-1 et seq.) Layoffs of
commissioned officers to accomplish a reduction in the Department rank structure
43
include, but are not limited to, the following:
(a) To direct all operations of the Police Department;
(b) To determine the overall budget;
(c) To establish reasonable work rules and schedules or
work;
(d) To create an organizational structure; to hire or promote
from the Fire and Police Commission eligibility list,
transfer, schedule and assign employees in positions and
to create, combine, modify and eliminate positions
within the Police Department;
(e) To suspend, discharge and take other disciplinary action
for just cause against employees under the established
work rules and regulations of the Police Department and
Fire and Police Commission and the provisions of this
Agreement;
(f) To lay off employees;
(g) To determine quality and maintain efficiency of the
operations of the Police Department;
(h) To introduce new or improved methods or facilities;
(i) To change existing methods or facilities;
(j) To determine the kinds, quality and amounts of services
to be performed as pertains to the Police Department
and City operations; and the number and kind of
classifications to perform such services;
(k) To contract out for goods or services;
(I) To establish rules relating to those items not subject to
arbitration under Section 1614(i) of the Public Employees
Labor Relations Act of Illinois, except to the degree to
the impact of such items;
(m) To determine the methods, means and personnel by
46
DIVISION 25. RESIDENCY REQUIREMENT.
Any employee shall become a resident of the City of Canton, or reside
within a ten (10) mile radius of the City limits within thirty (30) days after expiration
of such employee's probationary period, if the employee is to continue as an
employee of the City. Effective upon the execution date of this Agreement the
residency requirement shall require employees to live within a twenty-five (25)
minute drive of the Canton Police Department. Employees who currently live
beyond the new requirement shall be considered "grandfathered". The "twenty-
five (25) minute drive" shall be determined by using the shortest drive time
reported by either Google Maps, Yahoo Maps or Mapquest. The residency
requirement must be satisfied within ninety (90) days following the conclusion of
the employees' probationary period in order to continue employment with the
City.
DIVISION 26. GENERAL PROVISIONS.
26.1
All benefits provided hereunder shall remain in full force and effect
for the term of this Agreement.
26.2 Management Rights.
The Employer possesses the sole right to operate the City Police
Department and all management rights repose in it. Nothing herein shall affect
the internal control authority of the Chief of Police. Except as specifically
amended, changed or modified by this Agreement, these management rights
45
which the Police Department operations are to be
conducted;
(n) To take whatever action is necessary to carry out the
functions of the Police Department in situations of
emergency.
Nothing in this Division is intended to alter or abrogate the intention or
authority of any other Division contained in this Agreement. Nothing in this
Agreement shall be construed to modify, eliminate or detract from the statutory
responsibilities and obligations of the Employer.
26.3 No Strike or Lockout Out.
The Employer agrees that there shall be no lock out during the term
of this Agreement. The Union agrees that there will be no strike by itself and that it
will not authorize or encourage any strike by any employees during the term of this
Agreement.
26.4 Titles or Headings.
Any titles or headings in this Agreement are inserted solely for the
convenience of reference and shall not be deemed to limit or affect the
meaning, construction or effect of any provision of this Agreement.
26.5 Totality.
The Employer and Union acknowledge that during the negotiations,
which resulted in this Agreement, both parties had the unlimited opportunity to
present all demands and proposals and that this Agreement shall constitute the
entire Agreement between the parties for its duration.
47
26.6 Conflict with Existing Policies or Regulations.
If there is a conflict between an existing City policy or regulations and
an expressed term or provision of this Agreement, the term or provision of this
Agreement shall apply.
26.7 Drug and Alcohol Testing.
Drug and alcohol testing of employees shall be in accordance with
the Policy attached as Exhibit A.
26.8 Wellness Program
Wellness Program benefits will be awarded each year on the first
pay period in December.
The employees have established their own wellness program
entitled "BeSTOW". The City acknowledges and approves of the "BeSTOW"
Program as the Wellness Program for the Police Department Employees.
DIVISION 27. EFFECTIVE DATE OF AGREEMENT
All provisions and benefits of this Agreement shall be effective upon
signing by both parties with all provisions retroactive to May 1, 2017. This
Agreement shall expire on the 30th of April, 2021 , but shall continue in full force
and effect if no Agreement has then been entered into between the parties
pending negotiations for a new Agreement.
IN WITNESS WHEREOF, the parties hereto have executed and delivered the
foregoing Agreement in two (2) duplicate originals, each of which is hereby
declared to be an original for all purposes.
48
Dated this 17 day of , 4, July, 2018.
CITY OF CANTON, IL INOIS
• im...,
May r of the City of Cant n, Minoi
ATTEST: _ . :.
i y Clerk
POLICEMEN'SIt
: • ENT LABOR COMMITTEE
BY: �t�
w ir
FOR THE UNION:014.1 /.
Its President.
.. A , Its Vice-President.
IP
.�.i / _ 4 , Its Secretary
49
APPENDIX A - DRUG AND ALCOHOL POLICY
50
APPENDIX B - WAGE AND LONGEVITY SCHEDULE - PATROLMAN
5% 2% .75% .5%
FY18 FY19 FY20 FY21
5/1/2017 5/1/2018 5/1/2019 5/1/2020
4/30/2018 4/30/2019 4/30/2020 4/30/2021
Patrolman
1st Year 48,427.75 49,396.31 49,766.78 50,015.61
Starting 2nd Year 51,232.69 52,257.35 52,649.28 52,912.53
Starting 3rd Year 54,253.64 55,338.71 55,753.75 56,032.52
Starting 4th Year 59,994.00 61,193.88 61,652.83 61,961.09
5-6 Years 60,563.67 61,774.95 62,238.26 62,549.45
7-9 Years 62,137.94 63,380.70 63,856.06 64,175.34
10-14 Years 64,415.23 65,703.53 66,196.31 66,527.29
15-19 Years 65,930.05 67,248.65 67,753.02 68,091.78
20-24 Years 69,139.43 70,522.22 71,051.14 71,406.40
25-29 71,167.39 72,590.74 73,135.17 73,500.85
*30 Years and Over* 73,302.42 74,768.47 75,329.23 75,705.88
*The 30 Year and Over step shall only apply to those employees hired
on or after January 1, 2011*
Step A - Additional 625 per month.
51
APPENDIX B - WAGE AND LONGEVITY SCHEDULE - SERGEANTS
5% 2% .75% .5%
FY18 FY19 FY20 FY21
5/1/2017 5/1/2018 5/1/2019 5/1/2020
4/30/2018 4/30/2019 4/30/2020 4/30/2021
Sergeants
1st Year 57,322.41 58,468.86 58,907.37 59,201.91
Starting 2nd Year 59,511.29 60,701.52 61,156.78 61,462.56
Starting 3rd Year 61,086.98 62,308.72 62,776.04 63,089.92
Starting 4th Year 62,688.77 63,942.54 64,422.11 64,744.22
5-6 Years 63,301.95 64,567.99 65,052.25 65,377.51
7-9 Years 65,011.01 66,311.23 66,808.56 67,142.60
10-14 Years 67,397.02 68,744.96 69,260.55 69,606.85
15-19 Years 68,929.25 70,307.83 70,835.14 71,189.31
20-24 Years 71,608.07 73,040.23 73,588.03 73,955.97
25-29 74,236.17 75,720.89 76,288.80 76,670.24
* 30 Years and Over* 76,463.25 77,992.51 78,577.46 78,970.34
*The 30 Year and Over step shall only apply to those employees hired
on or after January 1, 2011 *
Step A -Additional 625.00 per month.
52
APPENDIX B - WAGE AND LONGEVITY SCHEDULE - LIEUTENANTS
5% 2% .75% .5%
FY18 FY19 FY20 FY21
5/1/2017 5/1/2018 5/1/2019 5/1/2020
4/30/2018 4/30/2019 4/30/2020 4/30/2021
Lieutenants
1st Year 59,706.98 60,901.12 61,357.88 61,664.67
Starting 2nd Year 62,030.65 63,271.26 63,745.80 64,064.53
Starting 3rd Year 63,717.99 64,992.35 65,479.79 65,807.19
Starting 4th Year 65,403.84 66,711.92 67,212.25 67,548.32
5-6 Years 66,082.39 67,404.04 67,909.57 68,249.12
7-9 Years 67,855.08 69,212.19 69,731.28 70,079.94
10-14 Years 70,371.58 71,779.01 72,317.35 72,678.94
15-19 Years 72,083.53 73,525.20 74,076.64 74,447.02
20-24 Years 74,739.18 76,233.96 76,805.72 77,189.75
25-29 Years 77,415.10 78,963.41 79,555.63 79,953.41
*30 Years and Over* 79,698.58 81,292.55 81,902.25 82,311.76
*The 30 Year and Over step shall only apply to those employees hired
on or after January 1, 2011*
Step A- Additional 625.00 per month.
53
APPENDIX C - WAGE AND LONGEVITY SCHEDULE - DISPATCHER
5% 2% .75% .5%
FY18 FY19 FY20 FY21
5/1/2017 5/1/2018 5/1/2019 5/1/2020
4/30/2018 4/30/2019 4/30/2020 4/30/2021
Dispatcher
Year 1 36,283.13 37,008.79 37,286.36 37,472.79
Year 2 37,367.42 38,114.77 38,400.63 38,592.63
Year 3 38,498.08 39,268.04 39,562.55 39,760.37
Year 4-6 39,654.64 40,447.73 40,751.09 40,954.85
Year 7-9 40,833.38 41,650.04 41,962.42 42,172.23
Year 10 42,056.83 42,897.96 43,219.70 43,435.80
Year 15 43,331.01 44,197.63 44,529.11 44,751.76
Year 20-24 44,630.94 45,523.56 45,864.99 46,094.31
Year 25+ 45,969.87 46,889.27 47,240.94 47,477.14
54
APPENDIX C - WAGE AND LONGEVITY SCHEDULE - CODE ENFORCEMENT AND
ANIMAL CONTROL/COMMUNITY SERVICE OFFICER
5% 2% .75% .5%
FY18 FY19 FY20 FY21
5/1/2017 5/1/2018 5/1/2019 5/1/2020
4/30/2018 4/30/2019 4/30/2020 4/30/2021
Code Enforcement and Animal Control/Community Service
Officer
Year 1 42,248.14 43,093.10 43,416.30 43,633.38
Year 2 43,103.61 43,965.68 44,295.43 44,516.90
Year 3 43,960.33 44,839.53 45,175.83 45,401 .71
Year 4-6 44,817.02 45,713.36 46,056.21 46,286.49
Year 7-9 46,530.43 47,461 .04 47,817.00 48,056.09
Year 10 47,387.14 48,334.88 48,697.40 48,940.88
Year 15 49,100.55 50,082.56 50,458.18 50,710.47
Year 20+ 50,573.55 51,585.03 51 .971 .91 52,231 .77
55
Appendix C -
Wage and Longevity Schedule -PARKING ENFORCEMENT/TRAFFIC SAFETY
OFFICER
5% 2% .75% .5%
FY18 FY19 FY20 FY21
5/1/2017 5/1/2018 5/1/2019 5/1/2020
4/30/2018 4/30/2019 4/30/2020 4/30/2021
Parking Enforcement/Traffic Safety Officer
Year 1 53,612.93 54,685.19 55,095.33 55,370.81
Year 20+ 55,221.31 56,325.74 56,748.18 57,031.92
56
EXHIBIT A
SECTION 1 - DRUG AND ALCOHOL FREE WORKPLACE:
A . PO LIC Y: It is the policy and com m itm ent of the City and the
Association to provide an environment within the workplace which is free from
prohibited drugs and alcohol in order to protect the employees as well as the
health and safety of the public.
B . Illegal drugs, consumption, possession or distribution of alcohol.
1. Any employee who consumes, possesses or distributes alcohol or
controlled substance while in the workplace or while on duty shall be
terminated from the employ of the City; provided, that this shall not
apply to c o n s u m ption, possession or distribution specifically
directed or authorized by the employee 's supervisor in the
performance of the employee 's duty; nor to possession or
c o n s u m ption according to directions of the prescribing physician of
legaIprescription drugs.
2. Any employee who fails to notify the City within five (5) days after they
are .convicted of a criminal drug offense for a violation taking place in
the workplace or while conducting City business will be terminated
from the employ of the City.
3. Any employee convicted of a criminal drug offense regardless of
when or where that act takes place will be term inated from the
em ploy of the City.
4. The City shall provide employees and supervisors with a positive
program of drug education and make everyone aware of help that is
available for such a problem .
C . Call Out. The parties recognize that employees may be placed in a
conflict arising from the fact that employees who are not on standby are not
prohibited from consuming alcohol or legal drugs while off duty, but are subject to
emergency call out during off-duty hours. Accordingly, when employees are
notified of any emergency call out from off-duty, the following procedure shall
a p p ly.
1 . The em ployee called out shall advise the departm e n t
representative notifying him if he has consumed alcohol or legal
drugs during the day of the call out and the extent of such activity.
2 . The employee in charge of the call out shall assess the employee's
condition and fitness for duty in accordance with the .04 standard for
impairment set forth in this section, and either assign him to duty or,
if th e
10.27.17.DRUG.ALCOHOLPOLICYI
employee is determined to be impaired, will not allow him to
sign in for duty. This provision shall not authorize the employee,
in charge of the call out to order an employee who is contacted
for a call out to submit to a test for blood alcohol content unless
otherwise required or authorized by law.
3. Any employee who reports for the call out without informing the
department of his consumption of alcohol or legal drugs as
required in paragraph 1 above shall not be allowed to work
if he appears to be impaired and shall not be paid for reporting.
D. Voluntary Referral. It is specifically agreed that no employee shall be
disciplined or the subject of adverse employment action for the first instance
where the employee notifies the Employer that he has a problem with legal
prescription drugs or alcohol use, and voluntarily seeks; assistance prior to
initiation of an investigation of suspected drug or alcohol abuse by the employee. In
the event that an employee who has notified the department as stated in this section
is disciplined for the drug or alcohol abuse after an investigation is initiated by
'the employer, the employer shall, upon the employee's request, provide the
employee with written documentation of the date an investigation was initiated, Such
employees shall be referred by the managerial employee who is notified to the City's
employee assistance program for confidential counseling and treatment. Such
voluntary participation shall not confer immunity from discipline for any misconduct
other than the substance abuse. The managerial employee shall not divulge any
information received from the employee who voluntarily seeks the help of the
employee assistance program except within the City administration on a strict need
to know basis. Information concerning the employee's voluntary referral shall not be
disseminated outside of the City administration, except with the employee's written
authorization or if required, pursuant to legal discovery. Such voluntary referral to the
employee assistance program, however, does not relieve the employee from the
responsibility to adequately perform their job. In addition, voluntary submittal does
not eliminate the employee from the requirements to take required drug or alcohol
tests as described in this Article.
E. 50 1LCS 727/1-25 requires law enforcement agencies, such as the City, to
adopt a written policy regarding drug and alcohol testing following officer-involved
shooting. That each commissioned officer, part-time officer or anyone acting on
behalf of the city as a commissioned officer who is involved in an officer-involved
shooting must submit to drug and alcohol testing. That the drug and alcohol testing
must be completed pursuant to this policy and as soon as practicable after the
officer-involved shooting but no later than the involved officer's end of shift or tour of
duty. Officer-involved shooting means any instance when a law enforcement
officer, commission officer or part-time officer discharges his or her firearm, causing
injury or death to a person or person, during the performance of his or her official
duties or in the line of duty.
10.27.17.DRUG.ALC0H0LPOLl CY2
F. Disciplinary Action for Confirmed Positive - Alcohol or Legal
Drugs Other Than Valid Prescriptions.
1. First Positive. The first confirmed positive test result will be
cause for disciplinary action up to and including a thirty
(30) days disciplinary suspension. The employee must agree
to the following conditions: (1) the employee will be mandatorily
referred to the City's Employee Assistance Program for
evaluation, diagnosis and development of a treatment plan
consistent with generally accepted standards, and (2) the
employee will be required to cooperate in the treatment plan,
undergo unannounced periodic drug and/or alcohol screening
for a period of up to 12 months, successfully complete the
prescribed treatment, remain free of drug and alcohol use,
and sign an agreement consenting to said conditions. The
unannounced periodic drug and/or alcohol screening provided
for in this paragraph shall be done while the employee is on duty,
provided, however, that if the employee was scheduled to work
and has called in sick, he may be ordered to undergo such
drug and/or alcohol screening. Failure to comply with these
conditions of continued employment shall be cause for further
discipline, up to and including discharge.
2. Second Positive - During Treatment, If an employee has a first
confirmed positive test under the previous Paragraph 1 and
enters a treatment program, and thereafter that employee has
a subsequent confirmed positive test result while the
employee is in treatment, as a result of unannounced periodic
drug and/or alcohol screening, the employee shall receive a
ninety (90) day disciplinary suspension and shall be required to
continue in treatment and comply with the other conditions of
treatment set forth in the preceding paragraph. The
appropriateness of the ninety (90) day disciplinary suspension
shall be final and binding on the Union and the employee, and
shall not be subject to the grievance procedure. Any confirmed
positive test thereafter, either random, periodic unannounced or
reasonable suspicion, shall result in the employee's discharge,
which penalty shall be final and binding on the Union and the
employee, and shall not be subject to the grievance procedure of
the Collective Bargaining Agreement.
3. Second Positive - Reasonable Suspicion or Random. An
employee who has a first confirmed positive test under
Paragraph I of this Section D and who subsequently has a
confirmed positive test under the random or the reasonable
suspicion standard shall be discharged, which penalty shall
10.27.17. DRUG.ALCOHOL. POLIcY3
be final and binding on the Union and the -employee and the
penalty shall not be subject to the grievance procedure in
the Collective Bargaining Agreement.
4. Employment Status. There is no requirement on the part
of the City to keep an employee on active employment
status who is receiving treatment under.this Section if it is
appropriately determined by a physician and/or appropriately
certified medical and/or psychological professional either that
the employee's current use of alcohol or drugs prevents such
individual from performing his duties or that his continuance on
active status would constitute a direct threat to-the property or
safety of himself or others. Such employee shall be afforded the
opportunity to use accumulated paid leave or take an unpaid
leave pending treatment.
G. Other Related Discipline. This section shall in no way limit discipline for
offenses other than substance abuse,nor shall it limit the discipline to be
imposed for selling, purchasing, possessing, using or delivering
any illegal drug.
In cases of misconduct arising out of related.to, or aggravated by
alcohol or drug abuse, the discipline imposed shall be based upon
the extent, severity, and/or consequences of the misconduct.
Except as provided in Paragraph_ B above, no employee shall
consume any alcohol within 4 hours prior to reporting for duty.
H. Costs of Testing and Rehabilitation. The City agrees to bear the costs
of all testing ordered by the City, and of rehabilitation programs ordered by the
City to the extent that they are not covered by the employee's health care
provisions or insurance. The employee may be required to assist the City in
coordinating benefits of insurance coverage.
SECTION 2 - PROCEDURE.
A. The Chief or his designee may order any employee to submit to
an immediate test of his blood, breath and/or urine at any time he has
reasonable suspicion to believe the employee to be under the influence of
alcohol or drugs while on duty, to have consumed alcohol while on duty
without authorization, or to have illegal drugs in his system. The basis for
the reasonable suspicion shall be documented and given to the employee
in writing within twenty-four (24) hours of giving such test. If the results of
the drug tests are negative the Association shall have the right to
challenge whether reasonable suspicion existed for the ordering of the test.
10.27.17. DRUG.ALCOHOL.POLICY4
In addition, the Chief shall have the right to order random tests for the
presence of alcohol or illegal drugs of all employees.
A test for the presence of illegal drugs shall also be a part of any medical
examination ordered by the City in connection with promotions, recall or the
return to duty after leaves. All tests ordered by the City shall be at the
expense of the City.
The refusal by any employee to submit to and complete any testing
provided for under this Article, shall subject the employee to
immediate discharge.
Any employee who tests positive for the presence of illegal drugs shall
be subject to discharge. Individuals consuming alcohol or having BAC of
.04% or more while on duty shall be subject to disciplinary action as
provided in Division 18.A of the Agreement.
Employees ordered to submit to drug and alcohol testing shall
promptly comply with the order. Employees who submit to such tests shall
not be deemed to have waived or otherwise impaired their rights to grieve or
otherwise contest any aspect of the testing as may be provided by law or this
Agreement.
Employees shall have the right to Association representation during the testing
procedure, except during actual collection of the sample. The testing
procedure shall not be unreasonably delayed due to unavailability of an
Association representative.
B. The City agrees that its testing procedure for the presence of drugs
or alcohol shall conform to the following:
1. Use only a SAMHSA (Substance Abuse and Mental Health
Services Administration) certified or licensed laboratory to test body
fluids or materials for drugs whose collection, handling, testing and
preservation of sample and reporting are in accordance with
SAMHSA standards. Breath tests ordered under this Section solely
for disciplinary purposes shall be performed by a United States
Department of Transportation (DO7) certified operator who is
employed by an independent third party contractor which either
operates or is affiliated with the SAMHSA certified laboratory selected
for the blood and urine testing. All breath-tests shall be done on a
DOT certified breath analysis machine,
2. Establish a chain of custody procedure for both sample
collection and-'testing that will insure the integrity of and identity of
10.27.17. DRUG.ALCOHOL. POLICY5
each sample and test result,
3. Collect a sufficient sample of the same body fluid or material
to permit for an initial screening, a confirmatory test, and a sufficient
amount to be set aside and reserved for later testing if requested by
the employee. In the case of urine testing, it shall be a split sample,
4. Collect all samples in such a manner as to preserve the
individual employee's right to privacy and insure a high degree of
security for the sample and its freedom from adulteration.
Employees shall not be witnessed while submitting a sample.
Proper testing may be conducted to prevent the submission of a
false or adulterated sample;
5. Confirm any sample that tests positive in the initial screening
for drugs by use of gas chromatography, with mass spectrometry or an
equivalent scientifically accurate and accepted method that provides
quantitative data about the drug metabolites. Confirm any positive
breath alcohol screening test with a test of the employee's blood by
use of gas chromatography or an equivalent scientifically accurate,
and accepted method,
6. Provide the employee tested with an opportunity to have an
additional portion of the same sample tested by a licensed testing
facility of his own choosing,
7. Require that the clinical laboratory report to the City through
its Medical Review Officer positive results only in the case where both
the initial and confirmatory test results are positive as to the same
sample;
8. Provide each employee with a report of the confirmed
positive results of each drug test that includes the types of tests
conducted, the results of each test, the detection level used by the
laboratory and any other information provided to the City by the
laboratory;
9. Insure that all positive samples are maintained for a period
of not less than 120 days to permit additional testing at the election of
and the expense of the employee;
10. Insure that no employee is reassigned or subject to any
discipline during any testing procedure pending the results thereof,'
11. If an alcohol test reveals that there is a concentration of
0.04% of alcohol in the employee's blood stream (alcohol concentration
10.27.17. DRUG.ALCOHOL. P0LICY6
shall mean grams of alcohol per 100 milliliters of blood or grains of
alcohol per 210 liters of breath), the employee will automatically be
deemed "under the influence" of alcohol within the meaning of this
Policy, and therefore, may be subject to discipline under this Policy,
12. The testing or processing phase for body fluids shall consist
of a
two-step procedure:
(a) Initial screening test.
(b) Confirmation test.
13. The body fluid sample is first tested using the initial drug
screening procedure. An initial positive test result will not be
considered conclusive,' rather, it will be classified as "confirmation
pending." Notification of test results to the City shall be held until the
confirmation test results are obtained,'
14. A body fluid specimen testing positive will undergo an additional
confirmatory test. The confirmation procedure shall be technologically
different and more sensitive than the initial screening test,
15. Personnel utilized for testing will be certified as
qualified to
collect samples or adequately trained in collection procedures,
16. Concentration of a drug at or above the levels established by
SAMHSA shall be considered a positive test result when using the initial
immunoassay drug screening test. At the present time, those levels
are:
INITIAL TEST Level-Nanogram/Milliliter
(hereafter referred to as
(ng/ml)
Mariivana metabolite....................................... 50
Cocaine metabolite ....................................... 300
Opiate metabolite ..................................... 300*
Phencyclidine 25
Amphetamines 1000
*25 ng/ml if immunoassay-specific for free morphine.
Concentration of a drug at or above the levels established by
SAMHSA for confirmatory tests shall be considered a positive test result
when performing a confirmatory Gas Chromatography/Mass Spectromotry
10.27.17. DRUG.ALCOHOL. POLICY7
test on a urine specimen that tested positive using a technologically
different initial screening method:
10.27.17. DRUG.ALCOHOL. POLICY$
CONFIRMATORY TEST LEVEL (n glin1)
Marijuana metabolite......................................................... 15*
Cocaine metabolite .......................................................... 150**
Opiates:
Morphine .......................................................................... 300+
Codeine ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... .... 300+
Phencyclidine.................................................................... 25
Amphetamines... ... ...... ... ......... ... ... ... ......... ... .................. ... 500
Methamphetamine.................................................................. .... ....... 500
*Delta-9- tetrahydrocannabinol-9-carboxylic acid
Benzoylecgonine
+ 25 ng/ml if immunoassay-specifiefor free morphine
17. Where a positive result is confirmed, specimens shall be
maintained in secured, refrigerated storage for at least a period of one hundred
twenty(120) days,
18. For random drug tests, the following additional conditions shall
apply-,
(a) The City will contract with an independent third party to provide random
selection services through use of a computerized random number generator
program. The City shall specify the percentage of commissioned positions (which
shall be at least 2596) that are to be tested annually, and the number of dates on
which the body substance specimens are to be collected. The random number
generator will then select the dates, the individuals to be tested on each date,
and the shift (first, second, third or fourth) on which the collections shall begin.
When the collection process begins on second, third or fourth shifts, the preceding
shifts shall be processed on the following day.
(b) To maintain the security of the selection system, the contractor shag deal
exclusively with the Chief of Police or in his absence, the Acting Chief of Police,
for purposes of notifying the City of testing dates and individuals selected,
verifying and updating the pool and supplemental selection of individuals, if
necessary.
(d) Any employee selected who is on authorized time off which was applied for and
approved prior to notice to the department of the date of the test shall be required
to report to the collection site on his/her first day back from pre-approved leave.-
Any employee who requests leave of any type after the department has been
notified of the testing date shall be required to report to the collection site on
the shift he would otherwise have been required to report unless he is excused by
the Chief of Police for good cause shown. Any employee so excused shag be required
to report to the collection site on his first day back to work.
10.27.17 DRUG.ALCOHOLPOLICY9
(d) When an employee is selected in the random process, he/she shall
promptly report to the appropriate collection site upon the direction of his/her
commanding employee or supervisor. He/she shall provide specimens of urine
sufficient to allow for "split sample" collection and processing of the specimens.
He/she shall also supply a breath sample sufficient for a breath alcohol test. In
the event that the breath sample registers a breath alcohol reading of .04 or
greater, the employee shall also submit a blood sample sufficient for a confirmatory
blood alcohol test.
C. The City agrees to maintain all records concerning drug problems of its
employees, including all records pertaining to City required drug tests, in the
utmost confidence, subject to legal discovery. If the City receives a discovery
request for any records regarding drug problems of an employee and it decides
to comply with that request, it shall notify the employee prior to releasing any of
the records. Except when required pursuant to legal discovery, no records
concerning the drug problems of any employee shall be released to other
employers or agencies without written permission of the person whose records
are sought
SECTION 3 - EMPLOYEE ASSISTANCE PROGRAM
The City shall establish an Employee Assistance Program to assist
employees who are experiencing personal problems which the employee
believes may be affecting his job performance. This program is available to all
employees, and employee participation in the Employee Assistance Program
shall be voluntary, confidential, and not used for or considered in matters relating
to performance evaluation, discipline or promotions. Participation in the program
shall not be used as an excuse for poor job performance or discipline.
10.27.17.DRUG.ALCOHOLPOLI CY10