Loading...
HomeMy WebLinkAboutResolution #5538 - Appointing Chief of Police and Approving an Employment Agreement RESOLUTION NO. 5538 A RESOLUTION APPOINTING CHIEF OF POLICE AND APPROVING AN EMPLOYMENT AGREEMENT WITH POLICE CHIEF WHEREAS,the City of Canton,Illinois has determined that it is necessary and in the best interests of the City of Canton to enter into an employment agreement with Corey Miller to serve as the City's Chief of Police(or"Police Chief'or"Employee"), effective February 3,2026. WHEREAS,Section 6-1-2(B)of the Canton Municipal Code provides,in part,"The chief of police shall be appointed by the mayor,with the consent and approval of the city council." WHEREAS,the Mayor, Kent McDowell, has appointed Corey Miller as the Chief of Police for the City of Canton; WHEREAS, the City Council has considered the appointment by the Mayor and further consents to the appointment Corey Miller as Chief of Police. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS AS FOLLOWS: 1. That the Recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby incorporated and adopted as part of this Resolution; 2. Corey Miller is hereby appointed Chief of Police with all powers and duties assigned to him by applicable law,the Canton Municipal Code and other ordinances, and the Mayor. 3. The Canton Chief of Police Employment Agreement(the"Agreement",substantially in the form as attached hereto as Exhibit A,is hereby approved by the Canton City Council; 4. The Mayor and the City Clerk of Canton,Illinois,are hereby authorized and directed to execute and deliver said Agreement on behalf of the City of Canton; 5. The Mayor is hereby authorized to make revisions to the Agreement, as he deems necessary, in order to negotiate the final terms of the Agreement, provided that the salary of the Employee shall be substantially the same as in the attached Exhibit A; and 6. This Resolution shall be in full force and effective immediately upon its passage by the City Council of the City of Canton,Fulton County,Illinois, and approval by the Mayor thereof. 1 PASSED AND APPROVED THIS 3Td day of February, 2026. AYES: Alderpersons Chamberlin, Grimm, Nelson, Lovell, Hale, Ketcham, Gossett NAYS: None ABSENT: Alderperson Pickel APPROVED: By: Kent McDowe , Mayor ATTEST: Andrea J. mith-Walters, City Clerk 2 EXHIBIT Al CANTON CHIEF OF POLICE EMPLOYMENT AGREEMENT This Chief of Police Employment Agreement ("Agreement") is made this 3rd day of February,2026,between the City of Canton,Fulton County,Illinois("City") and Corey Miller ("Miller"). RECITALS WHEREAS, the City wishes to employ Miller as its Chief of Police under the terms and conditions of this Agreement; and WHEREAS, Miller wishes to be employed as the City's Chief of Police under the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the promises hereinafter exchanged, and other good and valuable consideration, the receipt of which is hereby acknowledged,the parties agree as follows regarding Miller's employmentwith the City as Chief of Police: 1) Period of employment as Chief of Police. Miller's employment as Chief of Police underthis Agreement shall commence on February 3,2026 or such other date as is mutually agreeable to the parties("Employment Start Date"),and shall continue until April 30, 2029, unless it is terminated earlier pursuant to the provisions of Paragraphs 16 or 17 of this Agreement. 2) Chief of Police Duties. Miller shall perform the duties of Chief of Police as set forth in the applicable statutes of the State of Illinois and City ordinances,and such other duties as may be assigned from time to time to Miller by the City's Mayor. 3) Hours of Work.The parties realize that the position of Chief of Police requires the person holding such position to work many weekends,evenings and other irregular hours.It is understood and agreed that Miller shall work whatever hours may be necessary for him to fulfill the requirement of the position of Chief of Police,but in any event not less than 40 hours per week,unless approved by the City's Mayor. 4) Salary. Miller shall be compensated at an annual salary rate of One Hundred Six Thousand Eight Hundred Twenty and No/100 Dollars ($106,820.00) payable per the established pay period schedule of the City. Miller's salary will be reviewed for potential increase prior to the first day of May during each year of this Agreement, beginning May 1, 2026. 5) Performance Evaluation. The City's Mayor shall review and evaluate the performance of Miller annually and may provide Miller with a summary written statement of the evaluation findings and an opportunity to discuss the evaluation. 1 6) Time Off and Other Benefits.Millerwillbe entitled tothesametimeoffvacation, and other employment benefits in accordance with and underthe same terms and conditions as those provided to other non-union employees of the City,subject to Paragraph 14 of this Agreement. 7) Equipment. Miller shall be assigned an unmarked command vehicle,portable radio, and cell phone. The City will be responsible for all insurance, fuel, repairs, and maintenance costs of the command vehicle, provided it is only utilized for City business. 11) Uniform Allowance.Miller shall receive an annualuniform allowance of Eight Hundred Dollars ($800.00), commencing on Employment Starting Date and continuing thereafter on or about May 1 It of each year of this Agreement, starting May 1, 2027. 12) Residency. Miller shall at all times of this Agreement reside within a twenty- five (25)minute drive of the City Police Department, as determined by using the shortest drive time reported by Google Maps. The residency requirement must be satisfied within ninety (90) days of the Effective Date in order for Miller to continue with employment with the City. 13) Outside Activities. While employed by the City, Miller will not invest in a corporation,business or other organization,or participate in the management of such corporation,business,or other organization,if it is judged by the City,in its sole discretion,that his participation would interfere with his full-time obligation to the City or that his participation would be incompatible with the affairs and/or operation of the City.Miller shall not engage in any non-City connected business or employment without prior approval of the City's Mayor. 14) Waiver of Participation in IMRF,IMRF SLEP and Police Pension Fund.Miller knowingly and voluntarily waives the right and elects not to participate in the IMRF (Illinois Municipal Retirement Fund), the IMRF SLEP (Illinois Municipal Retirement Fund Sheriff's LawEnforcement Plan),the Canton Police Pension Fund, any defined contribution plan of the City(if any),or any other retirement plan of the City during the term of his employment as Police Chief. Miller understands and acknowledges that this waiver and election means that he is not eligible for line of duty,disability,and other benefits that come with participating in the IMRF,IlVW SLEP, Canton Police Pension Fund,any defined contribution plan,or any other retirement plan of the City, and that the City will not be making any contributions related to Miller into the IMRF, IMRF SLEP, Canton Police Pension Fund, any defined contribution plan,or any other retirement plan on behalf of Miller and/or the City.Miller further understands and acknowledges that the City has not made any representations,guaranties,or warranties,regarding his eligibility to participate in or receive benefits from any pension or retirement fund from previous employment. 2 15) Indemnification. (a) Indemnification by Miller. Miller agrees to indemnify,hold harmless, and defend the City,its elected and officials,Mayor,City Council members,City Clerk, City Treasurer,attorneys,employees,insurers and agents,against any and all losses, damages,liabilities,deficiencies,claims,actions,judgments,settlements,interest; awards,penalties,fines,costs,or expenses of whatever kind,including professional fees and attorneys' fees, that are incurred arising from (i) any and all claims regarding or related to Miller's waiver to participate in IMRF,the IMRF SLEP,the Canton Police Pension Fund,any defined contribution plan or any other retirement plan;(ii)any and all claims regarding or related to the City not contributing into the IMRF,the IMRF SLEP,the Canton Police Pension Fund,any defined contribution plan or any otherretirement plan in regardsto Miller,whether onhis behalf orbehalf of the City;and(iii)any and all claims regarding or related to pension benefits or other retirement benefits from his previous employment. (b)Indemnification by the City.To the fullest extent provided for by Illinois law, the City shall hold harmless and indemnify Miller against any tort, professional liability or other claim or demand or any other legal action,whether groundless or otherwise,arising out of an alleged act or omission in the performance of Miller's duties as the Chief of Police,provided that such claim is not based upon the illegal, bad faith,malicious,willful or wanton,or intentional conduct of Miller.The City shall defend(includingthe right to select legal counsel to the extent a conflict exists between Miller and the City with respect to the defense of any claim asserted by an outside third party)compromise,or settle any such claim,demand or suit and pay the amount of any settlement or judgment rendered against Miller, which is not based upon the illegal, bad faith, malicious, willful or wanton, or intentional conduct of Miller,including the payment of reasonable legal fees incurred in the cost of defense,compromise,or settlement of such claim,demand or judgment In order to be eligible for indemnification, Miller must inform the Mayor in writing of any claim or demand made against him within ten(10)days of his receipt of the claim or demand.To the greatest extent possible,Miller shall fully cooperate with the City during the course of any investigation,administration or litigation of any and all claims, complaints, demands or lawsuit. Notwithstanding the above language,the City shall not be obligated to indemnify Miller for any attomcys'fees or the costs of any legal proceeding in matters wherethe City and Miller are adverse parties. 16) Termination and Discipline by the City.The City may terminate this Agreement and Miller's employment as Chief of Police at any time as provided for by the City Municipal Code or Illinois law. It is understood and agreed that Miller's employment as Chief of Police shall at all times be at will, and Miller may be dismissed from this position with or without cause.The City also has the ability to discipline Miller to the same extent as the City disciplines other non-union employees. 17) Termination by Miller. Miller may terminate this Agreement prior to its expiration upon sixty(60)days prior written notice to the City Mayor.Following such notice,the City, in its sole discretion,may choose not to continue Miller's 3 employment as Chief of Police thru the end of such notice period,in which case, Miller will still be paid through the last of the sixty(60)day notice period,unless terminated by the City for Cause pursuant to Section 16. 18) Modification.The City and Miller may agree to meet and discuss modifications to this agreement at any time during its term. All modifications of this Agreement shall be ineffective unless reduced to writing and signed by the Mayor and Miller and approved by the City Council. 19) Effects. This Agreement shall be binding upon the City and Miller and their respective successors, assigns, or heirs. 20) Governing and Venue.This Agreement will be construed,interpreted,enforced and governed,in all respects,in accordance with the laws of the State of Illinois, and any litigation pertaining to this Agreement of Miller's employment must be filed in the Circuit Court of Fulton County,Illinois or in Federal District Court in Peoria, Illinois. 21) Severability.The invalidity or unenforceability of any particular provision of the Agreement will not affect the Agreement's other provisions,which shall then to be applied as if the invalid or unenforceable provisions are omitted. 22) Acknowledgment.The parties acknowledge and agree they have consulted or had the opportunity to consult with an attorney oftheir choosing during the negotiation, preparation,authorization, execution,and delivery of this Agreement, and have read this Agreement,know and understand its contents,and execute this Agreement freely and voluntarily.Each party agrees that any interpretation of this Agreement shall not be construed against a party by virtue of such party having drafted the provisions of this Agreement. 23) Entire Agreement.This Agreement constitutes the entire Agreement between the parties and any prior agreement,understanding or representation of any kind not contained in this Agreement shall not be binding upon the City or Miller,nor shall any future agreements be binding unless in writing and executed by the Mayor and Miller. [Remainder of page intentionally left blank.) 4 February 2, 2026 Cole Swibold, Grievant /Union President AFSCME, Council 31, Local No. 1372 Sent via e-mail to: cswibold(&-cantoncityhall.org Heather Stanhouse, Union Representative AFSCME, Council 31, Local No. 1372 Sent via e-mail to: HStanhouse(a,afscme3 Lorg Re: City of Canton—Step 2 Response Grievance (filed December 5, 2025) Mr. Swibold and Ms. Stanhouse, The purpose of this letter is to provide the Labor and Employment Committee's Step 2 Response pursuant to Section 17.2 of the Agreement between City of Canton/ Public Works (the "City") and the American Federation of State, County and Municipal Employees, AFL-CIO, Council 31, AFSCME Local 1372 (the"Union"), dated May 1, 2024 through April 30, 2026 (the "CBA"). I Pursuant to Section 17.2,the Labor and Employment Committee met with Union President Cole Swibold (the"Grievant") and Union Representatives Carla Gillespie and Heather Stanhouse on January 20, 2026 in relation to the Grievance initially filed on or about December 5, 2025 by the Grievant (the "Grievance"). The Grievance is primarily centered on an alleged violation of Section 19.3, which provides that "When the qualified employee has been selected, he/she shall be transferred to the new position within thirty (30) working days." The alleged violations regarding overtime and holiday pay are merely that the Grievant assumes he would have been assigned on those days had he been assigned as set forth in Section 19.3. As you're both aware, and as admitted by the Grievant during the Committee meeting, the Union agreed with Utilities Director Joe Carruthers to waive this deadline and that it would not file a grievance related to the Grievant being transferred to the position more than thirty(30) days after he was selected. The City and the Union were in ongoing negotiations regarding the hiring of the new city mechanic at the time, and there were other reasons that the Union and City agreed upon in finding that transferring at a later time was appropriate. As such, the Grievance is DENIED. Respectfully, Ralph Grimm, Alderman/Chairperson Labor and Employment Committee By witness as indicated below, the parties have executed this Agreement on the date and year indicated below. City of Canton: Corgi Miller: 7 By G' Qnt McDowell, Mayor Corey Miller Date: V?-- / 0 Date: Z ATTEST- City Clerk 5