HomeMy WebLinkAboutResolution #2006~ ~
RESOLUTION NO. 2006
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
THE CITY OF CANTON POLICE DEPARTMENT AND AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE
CITY OF CANTON.
WHEREAS, the City of Canton, Illinois has entered into
negotiations with Council 31 on behalf of the City of Canton Police
Department, Local No. 759, American Federation of State, County and
Municipal Employees, relative to the establishment of rates of pay,
hours of work and other conditions of employment; and,
WHEREAS, the City Council of the City of Canton, Illinois has
reviewed the terms of the proposed agreement, a copy of which is
attached hereto and made a part hereof as Exhibit A; and,
WHEREAS, the City Council of the City of Canton, Illinois has
determined that it is necessary and in the best interest of the
City of Canton to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOWS:
1. That the Agreement between the City of Canton and Council
31 on behalf of the City of Canton Police Department, Local No.
759, American Federation of State, County and Municipal Employees,
which is attached hereto and made a part hereof as Exhibit A, is
hereby approved, said agreement to be subject to and effective
pursuant to the terms and conditions set forth therein.
2. That the Mayor and the City Clerk of the Citeof Canton,
Illinois are hereby authorized and directed to execute and deliver
said agreement on behalf of the City of Canton.
3. That the Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 1st day of September
1987, upon a roll cal vote as follows:
AYES: Aldermen Kovachevich, Zilly,
NAYS: None.
ABSENT: Aldermen Meade, Bohler.
APPROVED:
Steck, Sarff, May, Chapman,
MAYOR.
ATTEST:` ~
CIT CLERK.
AGREEMENT
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND THE
CITY OF CANTON POLICE DEPARTMENT, LOCAL N0. 759, AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES.
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 Local No. 759; 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 purpose of clarification, various terms used in this
contract are defined as follows:
1.2 "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.
1.3 "Civilian Employee" shall mean an employee of the City's Police
Department who is not appointed to the department by the
City's Fire and Police Commission and who is not subject to
said Commission's disciplinary action.
1.4 "Employee" shall mean a fulltime employee of the City's Police
Department who is a member in good standing of Local No. 759,
American Federation of State, County and Municipal
Employees, or, who is a nonmember paying dues thereto
pursuant to Section 2.4 of this Agreement.
1.5 "Employer" shall mean the City of Canton and may be referred to
as City.
1.6 "Fiscal year" shall mean the fiscal year of the City of Canton,
May 1 through April 30.
1.7 "Hourly rate" shall mean the annual salary divided by 2080
hours.
1.8 "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.
1.9 "Union" shall mean the American Federation of State, County and
Municipal Employees, Local No. 759 and Council 31.
Division 2. RECOGNITION.
2.1 Bargaining Agent.
The employer recognizes the American Federation of State,
County and Municipal Employees as the sole and 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.
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 employee in relationship to the employee's work
and the employer, during which time, such employees may be
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discharged by the employer for cause. Nothing herein shall be
construed, as to commissioned officers, to be other than in
conformity with the Illinois Fire and Police Commission Act
(I11. Rev. Stat. 1985, Ch. 24, X10-2-2-1 et sequi).
2.3 Non-Appointive Personnel.
After the probationary period, civilian employees may only be
discharged for cause upon majority approval by the City
Council.
2.4 Fair Share.
The Employer shall grant "Fair Share" to the Union in
accordance with Section 6(e) - (g) of the Illinois Public
Labor Relations Act. All employees covered by this Agreement
will within thirty (30) days of their employment by the
Employer either (1) become members of the Union and pay to the
Union regular Union dues and fees or (2) will pay the Union
each month their fair share of the Union's costs of the
collective bargaining process, contract administration and
pursuing matters affecting employee wages, hours and other
conditions of employment, but not to exceed the amount of dues
uniformly required of members.
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.
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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, and each work shift
shall have a regular starting and quitting time.
3.3 Work Week.
Except as otherwise provided, the work week shall consist of
five (5) consecutive eight-hour days.
3.4 Work Schedule.
Work schedules showing the employees' work days and hours
shall be posted on a department bulletin board at all times.
3.5 Shift Designation.
Except as otherwise provided, the 7A.M. to 3P.M. shall be
considered the first shift; the 3P.M. to 11P.M. shall be
considered the second shift; and the 11P.M. to 7A.M. shift
shall be considered the third shift of each day.
3.6 Reservation of Rights.
With respect to this Division 3, employer reserves unto itself
the exclusive right to unilaterally set regular hours, work
shifts, work weeks, shift designations and all matters
ancillary or relating thereto as the employer's requirements
or public safety may seem to require. To the extent not
inconsistent therewith, employer shall use its best efforts to
comply with the optimum regular hours, work shifts, work
weeks, and shift designations set forth in this Division 3.
Division 4. WAGES.
4.1 Schedule.
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Employees shall be compensated as provided in the Wage
Schedule, which is attached hereto and made a part hereof.
4.2 Pay Period.
The salaries and wages of employees shall be paid weekly on
every Friday, or the preceeding Thursday if Friday falls on a
holiday, payroll to include hours worked through the
preceeding Saturday.
4.3 Wage Opener.
Employer and Union shall, upon either's giving the other not
less than ninety (90) days written notice prior to the end of
the then current fiscal year, enter into negotiations
concerning the possibility of altering employee wages
effective in the fiscal year immediately following the giving
of such notice. However, nothing herein shall be construed to
require that either party agree to either an increase or
decrease in wages.
Division 5. VACATION.
Each employee of the City shall accumulate two (2) calendar
weeks (not to exceed ten (10) working days) vacation leave
with pay, based upon the employee's last hourly rate used to
calculate payroll, upon completion of a full year of service.
Employees shall be granted additional vacation leave on the
employment anniversary date when each of the following period
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
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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
Vacations will be scheduled to meet the operating requirements
of the City with preference given to the request of an
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 Chief of Police makes a written request during such
anniversary year for extention to the office of the Mayor who
shall approve or disapprove same. When vacations cannot be
granted during the anniversary year, pay in lieu thereof may
be given if mutually agreeable.
5.2 Vacation Rights in Case of Layoff or Seperation.
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.
Division 6. HOLIDAYS.
6.1 Days Designated.
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The following days are holidays with pay for all employees:
New Years Day (1 January), Good Friday, Independence Day (4
July), Thanksgiving Day (4th Thurs. in Nov.), Memorial Day
(last Monday in May), Labor Day (1st Mon. in Sept.), Christmas
Day (25 December), and, Veterans Day (11 November).
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 shall be and remain
employed by the City both before and after applicable holiday.
6.3 Holidays Worked.
An employee's work day shall be determined by the 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 employee shall receive
and be paid the holiday pay set forth in Section 6.2 in
addition to eight (8) hours at the rate of double time, making
thereby a total entitlement for such holiday worked of eight
(8) hours at the rate of triple time.
6.4 Holiday Falling on Vacation or Regular Days Off.
If a holiday occurs during a vacation, employee will receive
an extra day's vacation or holiday pay, at the employee's
discretion. If the holiday occurs on a regularly scheduled
day off, the employee will receive eight (8) hours additional
pay at the straight time rate.
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Division 7. SICK/PERSONAL DAYS.
7.1 Compensation of Sick/ Personal Days - Probationary.
Computation of sick/personal days for employees shall be
computed with reference to the fiscal year of the City. After
sixty (60) days of service, an employee shall earn one-half (~)
day of personal leave and one-half (~) day of sick leave for
each month worked during the current fiscal year. Personal
days may only be used when requested and approved by the Chief
of Police.
7.2 Computation of Sick/Personal Days - Police Officers.
All other police officers shall
eligible for ten (10) work days
as personal days when requested
Police and five (5) may be used
7.3 Computation of Sick/Personal Day
Officers.
begin each fiscal year
of which five (5) may be used
and approved by the Chief of
as sick days.
~s - Telecommunicators/Code
Telecommunicators and Code/Officer shall begin each fiscal
year eligible for eight (8) work days of which six (6) may be
used as sick days and two (2) may be used as personal days
when requested and approved by the Chief of Police.
7.4 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. Employees must:
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a. Report promptly in ascending order 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.
7.5 Pay in Lieu of Personal Days.
Should an employee not use all or any of the five (5) personal
days, the employee shall be paid in lieu thereof for each
unused day. Personal days 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.
7.6 Accrual of Personal Days.
Personal days shall not survive beyond the fiscal year of
accrual unless first approved in writing by the Chief of
Police and the Mayor during the fiscal year of accrual.
7.7 Accrual of Sick Days.
Should any or all of the five (5) sick days not be used by the
police officers or any or all of the six (6) sick days not
used by the Telecommunicator/Code Officer during the fiscal
year, all unused days shall be accrued. Employee may accrue
up to a total of sixty (60) days. Payment for up to 30
accumulated days shall be made upon termination of employment.
7.8 Call-In for Emergency Duty.
In the event that an employee is called for emergency duty on
any such day, employee shall be paid for such emergency duty
at a straight time rate.
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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.
8.2 Job Related Disability.
Any police officer, injured while performing assigned tasks,
shall be eligible for injury leave in compliance with
applicable State Statutes passed by the Illinois General
Assembly and approved by the Govenor. The employee shall be
responsible for causing periodic reports to be submitted by
the attending physician to the City Clerk, on forms prescribed
by the employer.
8.3 Military Leave.
Employees shall be granted such leave in accordance with the
provisions of Chapter 24, Section 10-2.1-23 and Section
10-2.1-24 of the Illinois Revised Statutes.
8.4 Bereavement.
Each employee shall be granted up to three (3) calendar days
of bereavement leave when death occurs in the employee's
immediate family. (Immediate family shall include: spouse,
children, mother, father, brother, sister, mother-in-law, and
father-in-law). Additional time may be granted when
reasonable justification is provided to the Chief of Police.
Bereavement leave shall be with pay for any regular scheduled
work days.
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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.
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 other than in Canton shall be paid
a four (4) hour minimum for the time they are required to be
in Court and a two (2) hour minimum for the time they are
required to appear in City Court in Canton. Employees shall
be paid a two (2) hour minimum for other activities which are
Court related.
9.2 Overtime.
Except as otherwise provided, employees required to work in
excess of eight (8) hours per day shall be paid at the rate of
one and one-half (1~) times for all hours worked in excess of
45 minutes beyond the employee's regularly scheduled eight (8)
hour shift with a minimum of (1) hour. Employees called in
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for additional duty shall also be paid at one and one-half
(1~) times the regular rate, with a four (4) hour minimum.
Call-in time on a holiday or the employee's Sunday (second day
off) will be paid at double time, with a four (4) hour
minimum.
9.3 Call-In for Breathalizer Test.
Employees called in to administer a breathalizer test shall be
paid at one and one- half (1~) times the regular rate with a
two (2) hour minimum.
9.4 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.
9.5 Temporary Rank Pay.
When an employee is assigned to a temporary rank higher than
the permanent rank of the employee, by the Chief of Police or
the Mayor, in writing, such employee shall be granted a
temporary rank pay of Ten ($10.00) Dollars per week during the
period of such assignment. Assignments shall be made to
provide proper management coverage.
9.6 Night Bonus.
Employees who work a regular eight (8) hour night shift as
part of their regular work week, shall receive and be paid a
night bonus of three percent (3~) added to the basic hourly
wage for each hour worked. For the purpose of this section,
the term "night shift" shall mean any eight (8) hour period
between the hours of 3:00 P.M. and 7:00 A.M. the day
thereafter.
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9.7 Compensatory Time Off.
Compensatory time off may be given when the employee has
agreed to work in excess of the employee's regular shift for
compensatory time. Compensatory time off shall be calculated
at the rate of one and one-half (1~) time the hours actually
worked and may be accrued up to 96 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 and the Mayor during the fiscal
year of accrual.
9.8 Overtime Rotation.
Overtime work shall be rotated among all employees within the
Department so far as is practical. An overtime list shall be
posted and maintained up to date by the Chief of Police.
9.9 Training.
Any employee authorized to attend a training school shall be
paid for time incident thereto at his regular hourly rate.
Division 10. CLOTHING ALLOWANCE.
10.1 Annual Payment.
all commissioned officers shall be paid an annual clothing
allowance of $403.88 for regulation Policemen's clothing as
approved by the City Council. The payment of this amount shll~
be made on the first pay day in May or as soon thereafter as
practical.
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10.2 Civilian Employees.
Civilian employees required to be in uniform shall be paid an
annual clothing allowance of $194.73 for regulation clothing
as approved by the City Council. The payment of this amount
shall be made on the first pay day in May of each year or as
soon thereafter as practical.
10.3 Probationary Employees Payment.
A probationary employee shall be paid the clothing allowance
at the time of his employment.
10.4 Probationary Employees- Reimbursement- Termination.
In the event of the termination of a probationary employee,
for any reason whatsoever, such employee shall reimburse 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 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.
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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 Police Officers with a service
revolver, riot baton, flashlight, hat badge, breast badge, and
rain coat. The City further agrees that replacement of same
shall be made by the City when the Chief of Police deems
necessary.
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.
Division 12. EMPLOYEE'S INSURANCE.
12.1 Payment.
The employer shall pay the total insurance permium for
employees.
12.2 Coverage
The limits of the insurance coverage shall be at least as much
as the limits of coverage in force at the signing of this
Agreement. Term life insurance for a dependent child over six
(6) months of age shall be $1,000.00. disability pay shall be
two-thirds (2/3) of the employee's normal pay check but shall
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not in any instance exceed a weekly disability payment of
$300.00, whichever is less. Should the City decide that a
change of 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 employee's dependents), that employee shall first
be required to pay the first $100.00 aggregate amount of any
such claim(s) for an employee without dependents; or, $200.00
aggregate for an employee with dependents.
Division 13. RETIREMENT INSURANCE.
The insurance coverage for retired employees shall consist of
the overall group plan of Hospital, Health, Dental and Life
Insurance coverage. The amount of Life Insurance shall be
$10,000.00 prior to age 65 or retirement, at which time it
shall be reduced to $3,000.00.
13.1 Retired Employees - 25 years of City Service.
The employer shall pay the full amount of the applicable
insurance premium in the case of employees who have
twenty-five (25) years of service and who, regardless of age,
have become entitled to a pension under the provisions of the
Police Pension Fund. Premium payment shall be for the
retiree, retiree's spouse and dependent children. Retired
employees who become re-employed where insurance coverage is
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provided by the new employer 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.
If available, the retired employee shall, however, have the
option of purchasing Medicare supplement insurance at his
expense through the City's group insurance carrier, if
available.
13.2 Retired Employees - 20 years of City Service.
The employer shall pay the entire amount of the applicable
insurance premium in the case of such employees who have
twenty (20) years of service and who have reached their
respective age of fifty (50) years and who have become
entitled to a pension under the provisions of the Police
Pension Fund. Premium payment shall be for the retiree,
retiree's spouse and dependent children. Retired employees
who become re-employed where insurance coverage is provided by
the new employer 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. If available, the
retired employee shall, however, have the option of purchasing
Medicare supplement insurance at his expense through the
City's group insurance carrier, if available.
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13.3 Disabled Employee and Spouse and Dependents of Deceased
Employee.
A permanently disabled employee and the surviving spouse and
dependent children of a deceased employee shall participate in
the City's insurance plan, but only to the extent specifically
provided in the last four (4) sentences of Section 13.1,
above. This section shall apply only to spouses of
disabled/deceased employees who are lawfully married to such
employee at the time the disability/ death occurs.
13.4 Employees with Early Retirement.
Employees entitled to payment of insurance premiums under the
above provision, shall be subject to the following limitation:
If such employee chooses to retire under such conditions that
retirement benefits are reduced on account of early retirement
under provisions of the Illinois Municipal Employees
Retirement Program, or Illinois Police Pension fund, as
applicable, then the amount of insurance premium paid by the
employer will be likewise proportionately reduced, EXCEPTING
HOWEVER, the employer shall pay the entire amount of the
applicable premium of such insurance if the employee has
reached the age of 55 years, and has twenty (20) years of
service, and who retires eligible to receive retirement
benefits under the provision of the Illinois Municipal
Employees Retirement Provisions.
Division 14. TRAVEL ALLOWANCE.
When an employee is authorized or required to drive a personal
car for purposes related to employment, the employee shall be
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compensated therefore at the rate of twenty-two (22~> cents per
mile for each mile necessarily traveled.
Division 15. STRESS DAY.
All employees shall receive one Sunday off per calendar month
with pay as a stress day. However, it is recognized that such
employee is subject to emergency call-in without additional
pay. With the prior consent of the Police Chief, an
employee's normal work week may, from time to time, be
modified to accomodate the stress day.
Division 16. EMPLOYEE TELEPHONE REQUIRED.
Employees shall be required to have a telephone in their
residence 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 Head-
quarters for a period of seven t7) 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
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.
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Division 18. DUTIES OF POLICE EMPLOYEES.
The duties of all employees shall be in accordance with the
state statute, City ordinances or resolution, job description,
or, local custom, as the same may be promulgated from time to
time.
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 straight time, 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.
Division 20.
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.
SETTLEMENT OF GRIEVANCES.
20.1 Purpose.
Amicable settlement of grievances between employer and
employee is recognized in principle and with the intention
that the same shall be applied in practice to the fullest
extent possible.
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20.2 Method.
Grievances shall first be referred to the Police Chief, in
writing, within seven (7) calendar days of the date on which
the grievance occurred. The Police Chief shall respond in
writing to each such grievance within seven (7) calendar days
following receipt of the written grievance. If the grievance
thereafter subsists, it shall be referred in writing to the
standing Coauaittee on Grievance, negotiations and Personnel
within seven (7) calendar days after the response by the
Police Chief is made. The Committee shall thereafter meet
with the aggrieved policeman and his representative, if any,
within fourteen (14) calendar days of submission of the
written grievance to the Committee. Following such meeting,
the Committee shall make its written answer within fourteen
(14) calendar days following such meeting. However, by mutual
assent, this latter 14 day period may be extended by an
instrument in writing signed both by the aggrieved policeman
or his representative and by the Chairman of the Committee or
by the Chairman pro tem. If the grievance yet remains, it
shall, within seven (7) calendar days of the committee's
written answer, be submitted to the Mayor in writing. The
Mayor shall make written answer within seven (7) calendar days
of receipt of the written grievance.
20.3 Arbitration.
If, after the foregoing grievance process has been fully
completed, the grievance yet subsists, either party may invoke
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binding arbitration within seven (7) calendar days of the
Mayor's written answer by giving written notice of referral to
the other party.
20.4 Authority of Arbitrator.
The authority of the arbitrator is specifically limited to the
interpretation of the terms of this Agreement. The arbitrator
shall consider and decide only the specific issue submitted to
him in writing by the City and the Union, and shall have no
authority to make a decision on any other issue not so
submitted. The arbitrator shall have no right to amend,
modify, nullify, ignore, add to, or substract from the
provisions of this Agreement. The arbitrator shall be without
power to make decisions contrary to or inconsistent with any
applicable ordinance, resolution, law or statute. The
arbitrator shall make his decision strictly in accordance with
the rules of evidence applicable to the circuit courts in
Illinois, shall determine the rights of the parties according
to law, shall make full and complete findings of fact in
support of his decision, and his findings of fact and his
award shall be based upon the preponderence of competent
evidence. The arbitrator may refer questions of law to the
Fulton County Circuit Court (Ninth Judicial Circuit) for
determination.
This section relating to binding grievance arbitration shall
not be interpreted to in any way constitute a delegation of
any power or jurisdiction from the Police and Fire Commission
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to the arbitration process. Nor, shall this section be
construed 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 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.
20.6 Make-Up of Arbitrator.
The arbitrator shall be composed of three persons who shall be
picked in the following manner:
Each of the employer and the Union shall submit separate lists
of twelve persons each. Names shall be stricken from the
respective lists by the other party with the Union striking
the first name. The last remaining name on each list shall be
named as members of the arbitration panel. Those two
arbitration panel members shall then agree upon a third,
impartial panel member to complete the make-up of the
arbitration panel. A majority vote of the arbitration panel
shall determine the issue(s). An abstention or refusal to
vote by a panel member shall be construed to by an "Aye" vote.
20.7 Court Reporter; Cost of Arbitration.
A qualified court reporter shall be present at all arbitration
hearings and shall make a full and complete record thereof.
The parties to the arbitration hearing shall equally share the
-23-
costs of such court reporter. Any party requesting a
transcript of the hearing shall bear the cost thereof except
that if both parties request a transcript, they shall equally
share the total cost thereof.
20.8 Interest or Negotiation Impasse Arbitration.
Nothing in this agreement shall ever be interpreted to mean
that the parties hereto have in any way hereby agreed to
"Interest" or "Negotiation Impasse" arbitration. This binding
arbitration procedure is intended to provide a means of
finally resolving disputes or differences of opinion as to the
interpretation of this agreement.
20.9 Effect of Arbitration.
Subject to the appeal procedure hereinafter set forth, the
decision of the arbitrator shall be final.
20.10 Appeal.
Any party may appeal the decision of the arbitrator to any
Court of competent jurisdiction. Implementation of the
arbitrator's decision shall be automatically stayed pending the
resolution of any such appeal.
20.11 Grounds for Appeal.
Grounds for appeal shall be those which existed at common law,
which the parties hereby agree were: Fraud, corruption,
evident partiality, that the arbitrator exceeded his
authority, irregularities in the proceedings which deprive a
party of a fair and impartial hearing, gross errors of law or
fact, plain mistake of law, and mistake of law (which the
-24-
parties agree does not have to be shown on the face of the
award). Other ground for appeal shall be where: The award
was procured by corruption, fraud or other undue means; there
was evident partiality by an arbitrator appointed as a neutral
or corruption in any one of the arbitrators or misconduct
prejudicing the rights of any party; the arbitrator exceeded
his power, the arbitrator refused to postpone the hearing upon
sufficient cause being shown therefor or refused to hear
evidence material to the controversy or otherwise so conduct
the hearing as to substantially prejudice the rights of a
party.
20.12 Time for Appeal.
All appeals shall be filed within 30 days of the party's
receipt of the arbitrator's written, final decision. Receipt
of the final, written decision shall be presumed 35 days after
the date of the decision.
Division 21. CHECK-OFF SYSTEM.
Union dues or fair share payment shall be deducted from an
employee's paycheck upon receiving written authorization from
the employee and shall be paid to the treasurer of the local
union each month.
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 towards seniority. Temporary full- time employees shall
be allowed credit for seniority for continuous past months'
service, if hired on a permanent basis without a lapse in
employment. Seniority shall be forfeited for any of the
following reasons:
1. Employee resigns.
2. Employee is discharged for just cause.
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.
23.2 Order to be Followed When Laying Off.
Commissioned officers shall be laid off in conformity with the
requirements of the Illinois Fire and Police Commission Act
(Ill. Rev. Stat. 1985, Ch. 24 §10-2.1-1 et sequi). Layoffs of
commissioned officers to accomplish a reduction in the
department rank structure 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 commissioned
officers are laid off.
-26-
23.3 Order to be Followed in Call-Back.
Recall of commissioned officers shall be in conformity with
the requirements of the Illinois Fire and Police Commission
Act (I11. Rev. Stat. 1985, Ch. 24, §10-2.1-1 et sequi), 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, providing such was approved
in advance by the Chief of Police. Reimbursement shall be
contingent upon the successful completion of such course.
Division 25. RESIDENCY REQUIREMENT.
Any employee shall become a resident of the City of Canton, or
reside within a ten-mile radius of the City, within 30 days
after the expiration of such employee's probationary period,
if the employee is 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 Nothing in this agreement shall be construed to negate the
status of the employer as a municipal employer and any
-27-
provisions hereof which, by interpretation or otherwise, would
abridge or restrict the power and authority conferred by law
on the employer as a municipal employer shall be void and of
no effect.
The employer specifically reserved to itself, without
limitation, the power to unilaterally and in its sole
discretion, eliminate, abolish, alter, organize, reorganize,
consolidate, or merge the police department, or, any rank,
position, job, or job function now in existance or which may
hereafter be created. Further, it is not the intention of
either the employer or of the union that the employer transfer
or delegate any municipal power, function, privilege, or
authority to control any of the same to the union, the City
employees', or to any third party or person.
26.3 No Strike or Lock-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.
-28-
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.
26.6 Conflict with Existing Policies or Regulations.
If there is a conflict between an existing City policy or
regulation and an expressed term or provision of this
agreement, the term or provision of this agreement shall
apply.
26.7 Termination.
This agreement shall be effective for the entire period of the
fiscal years 1987/1988, 1988/1989, 1989/1990 of the employer.
At the end of that time, it shall terminate, and shall be of
no effect, unless agreed to otherwise by both parties in
writing.
26.8 Contingency.
This agreement is not an appropriation and it is recognized by
all parties that all monetary considerations in this agreement
shall become effective upon adoption of the appropriation
ordinance and budget by the City Council.
26.9 Effective Date of Agreement. All provisions and benefits of
this agreement shall be effective as of May 1, 1987.
-29-
IN WITNESS WHEREOF, the parties hereto have executed and
delivered the foregoing agreement in two duplicate copies,
each of which is hereby declared to be an original for all
purposes. Dated this lst day of September , 1987.
For the City of Canton, Illinois
OFF
Mayor of the City of Canton, Illinois
i•
ATTEST: "~
City Clerk
For the Union:
. Its President
. Its Vice-President
. Its Secretary
-3 0-
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