HomeMy WebLinkAboutResolution #5352 RESOLUTION NO. 5352
A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT,AND
RELATED AGREEMENTS,BETWEEN THE CITY OF CANTON AND
THE ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL,UNIT#840
WHEREAS,the City of Canton(the"City")thas entered into negotiations with the Illinois
Fraternal Order of Police Labor Council,Unit#840("FOP")relative to the establishment of wages
and benefits and other conditions of employment; and
WHEREAS, the City has negotiated and reviewed the terms of a collective bargaining
agreement (the "CBA") with the FOP for the period of May 1, 2021 through April 30, 2024, a
copy of which is attached hereto and incorporated herein, as "Exhibit A"; and
WHEREAS,as part of the above-described negotiations for the CBA,the City and Union
negotiated Side Letter of Agreement (the "SLA") for COVID Premium Pay, a copy of which is
attached hereto and incorporated herein, as "Exhibit B,"conditioned upon ratification of the CBA
by the Union prior to 6:30 p.m. on January 18, 2022;
WHEREAS,the Union ratified the CBA prior to 6:30 p.m. on January 18, 2022;
WHEREAS,as part of the above-described negotiations for the CBA,the City and Union
negotiated a Memorandum of Understanding (the "MOU") related to a certain employee's
residency requirements, a copy of which is attached hereto and incorporated herein, as "Exhibit
C"•
WHEREAS, the Committee on Negotiation, Grievance and Personnel and the City
Council of the City of Canton,Illinois have determined that it is necessary and in the best interests
of the City to approve the CBA, SLA, and MOU (collectively the "Agreements").
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Canton,
Fulton County,Illinois. as follows:
1. That the Collective Bargaining Agreement between the City of Canton and the
Illinois Fraternal Order of Police Labor Council, Unit#840, substantially in the form as attached
hereto as "Exhibit A,"is hereby approved, and said CBA is to be subject to and effective pursuant
to the terms and conditions set forth therein.
2. That the SLA between the City of Canton and the Illinois Fraternal Order of Police
Labor Council, Unit #840, substantially in the form as attached hereto as "Exhibit B," is hereby
approved, and said SLA is to be subject to and effective pursuant to the terms and conditions set
forth therein.
3. That the MOU between the City of Canton and the Illinois Fraternal Order of Police
Labor Council, Unit #840, substantially in the form as attached hereto as "Exhibit C," is hereby
approved, and said MOU is to be subject to and effective pursuant to the terms and conditions set
forth therein.
4. That the Mayor and City Clerk of Canton, Illinois are hereby authorized and
directed to execute and deliver the Agreements behalf of the City of Canton.
5. The City Attorney is hereby authorized to make any revisions necessary to
accomplish the foregoing,provided the Agreements are not substantially changed;
6. This Resolution shall be in full force and effect immediately upon the passage and
approval of this Resolution and upon execution of the Agreements by the Illinois Fraternal Order
of Police Labor Council, Unit#840.
PASSED THIS 18th day of January, 2022.
AYES: Alderperson Greg Gossett, Angela Lingenfelter, Jeff Fritz, Craig West, John
Lovell, Justin Nelson,Andra Chamberlin
NAYS: None
ABSENT: Alderperson Angela Hale
APPROVED THIS 18th day of January, 2022.
ent cDowell, Mayor
ATTE.T:
Aler
die .__
Diana 'avley-Ro��City Clerk
EXHIBIT A
COLLECTIVE BARGAINING AGREEMENT
Between
THE CITY OF CANTON, ILLINOIS
and
ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL,UNIT#840
on behalf of
Full-Time employees of the Police Department, both commissioned officers and other civilian
employees excluding secretaries,civilian administrative assistant,Police Chief,all other City
employees, and all confidential,managerial and professional employees and supervisors as
defined by the Illinois Public Labor Relations Act, and all others excluded by Statute.
May 1,2021 to April 30,2024
CITY OF CANTON ILLINOIS FRATERNAL ORDER OF POLICE
2 North Main Street LABOR COUNCIL
Canton,Illinois 61520 974 Clock Tower Drive
phone: (309)647-0020 Springfield,Illinois 62704
fax: (309) 647-1310 phone: (217)698-9433
fax: (217)523
TABLE OF CONTENTS
ARTICLE 1. PURPOSE AND DEFINITION OF TERMS 1
SECTION 1.1. DEFINITION OF TERMS. 1
ARTICLE 2. RECOGNITION 2
SECTION 2.1. BARGAINING AGENT. 2
SECTION 2.2. PROBATION PERIOD. 2
SECTION 2.3. DUTIES OF POLICE EMPLOYEES. 3
ARTICLE 3. HOURS OF WORK 3
SECTION 3.1. REGULAR HOURS. 3
SECTION 3.2. ANNUAL SHIFT BIDDING 3
SECTION 3.3. NEW POSITION OPENINGS OUTSIDE OF ANNUAL SHIFT BIDDING. 4
SECTION 3.4. SECONDARY POSmON OPENINGS 4
SECTION 3.5. SHIFT TRANSFER BY THE POLICE CHIEF. 4
SECTION 3.6. VACANCIES. 5
SECTION 3.7. SPECIALTY POSITION ASSIGNMENTS. 5
SECTION 3.8. WORKWEEK. 5
SECTION 3.9. WORK SCHEDULE 5
SECTION 3.10. SHIFT DESIGNATION. 6
ARTICLE 4. WAGES 6
SECTION 4.1. SCHEDULE. 6
SECTION 4.2. PAY PERIOD. 6
SECTION 4.3. COMMUNICATIONS SUPERVISOR. - 6
SECTION 4.4. SALARIES AND LONGEVITY-FOR COMMISSIONED OFFICERS ONLY 6
SECTION 4.5. K-9 OFFICER. 8
SECTION 4.6. TRAINING OFFICER. 9
ARTICLE 5. VACATION 9
SECTION 5.1. ACCUMULATION OF VACATION TIME 9
SECTION 5.2. VACATION RIGHTS IN CASE OF LAYOFF OR SEPARATION. 10
SECTION 5.3. SCHEDULING OF VACATION 10
ARTICLE 6. HOLIDAYS 10
SECTION 6.1. DAYS DESIGNATED. 10
SECTION 6.2. HOLIDAY PAY. 11
SECTION 6.3. HOLIDAYS WORKED. 11
SECTION 6.4. HOLIDAY FALLING ON VACATION OR REGULAR DAY OFF. 12
ARTICLE 7. SICK AND PERSONAL LEAVE 12
SECTION 7.1. COMPUTATION OF SICK/PERSONAL LEAVE-PROBATIONARY. 12
SECTION 7.2. COMPUTATION OF SICK/PERSONAL LEAVE-NON-PROBATIONARY EMPLOYEES. 12
SECTION 7.3. ILLNESS OF EMPLOYEE. 13
SECTION 7.4. PAY IN LIEU OF PERSONAL LEAVE. 13
SECTION 7.5. ACCRUAL OF SICK LEAVE 13
ARTICLE 8. LEAVE 13
SECTION 8.1. SHORT TERM DISABILITY POLICY. 13
SECTION 8.2. JOB RELATED DISABILITY 14
SECTION 8.3. LEAVE RESTRICTIONS. 14
SECTION 8.4. MILITARY LEAVE. 14
SECTION 8.5. BEREAVEMENT 14
SECTION 8.6. MISCELLANEOUS LEAVE POLICIES. 15
SECTION 8.7. FAMILY MEDICAL LEAVE ACT. 15
ARTICLE 9. SPECIAL PAY PROVISIONS 15
SECTION 9.1. COURT TIME 15
SECTION 9.2. OVERTIME. 15
SECTION 9.3. CALL IN FROM VACATION. 16
SECTION 9.4. TEMPORARY RANK PAY 16
SECTION 9.5. NIGHT BONUS. 17
SECTION 9.6. COMPENSATORY TIME OFF 17
SECTION 9.7. OVERTIME ROTATION. 18
SECTION 9.8. TRAINING. 18
SECTION 9.9. TRADING TIME 18
SECTION 9.10. CALL IN FOR EMERGENCY DUTY 19
ARTICLE 10. CLOTHING ALLOWANCE 19
SECTION 10.1. ANNUAL PAYMENT. 19
SECTION 10.2. CIVILIAN EMPLOYEES. 19
SECTION 10.3. PROBATIONARY EMPLOYEES PAYMENT. 20
SECTION 10.4. PROBATIONARY EMPLOYEE/REIMBURSEMENT/TERMINATION. 20
SECTION 10.5. NON-PROBATIONARY EMPLOYEE/REIMBURSEMENT/TERMINATION. 20
SECTION 10.6. REIMBURSEMENT DEDUCTION 20
SECTION 10.7. EQUIPMENT FURNISHED 20
ARTICLE 11. MEAL PERIOD 21
ARTICLE 12. EMPLOYEE'S INSURANCE 21
SECTION 12.1. PAYMENT. 21
SECTION 12.2. COVERAGE. 22
SECTION 12.3. EMPLOYEE DEDUCTIBLE. 22
SECTION 12.4. INSURANCE COMMITTEE 23
SECTION 12.5. POST EMPLOYMENT HEALTH PLAN(PERP) 23
SECTION 12.6. INTERNAL REVENUE CODE SECTION 125 PLAN 24
SECTION 12.7. INSURANCE COVERAGES 24
ARTICLE 13. RETIREMENT INSURANCE 25
SECTION 13.1. LIFE INSURANCE AND RETIREMENT INSURANCE 25
SECTION 13.2. RETIRED EMPLOYEES-BEFORE MAY 1, 1994. 25
SECTION 13.3. RETIRED EMPLOYEES 26
SECTION 13.4. DISABLED EMPLOYEE AND SPOUSE AND DEPENDENTS OF DECEASED COMMISSIONED
OFFICER. 26
ARTICLE 14. TRAVEL ALLOWANCE 27
ARTICLE 15. STRESS DAY 27
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ARTICLE 16. EMPLOYEE TELEPHONE REQUIRED 27
ARTICLE 17. DISCIPLINE 27
ARTICLE 18. MONTHLY DEPARTMENTAL MEETINGS 28
SECTION 18.1. PAYMENT. 29
SECTION 18.2. SCHEDULE. 29
SECTION 18.3. OTHER MEETINGS. 29
ARTICLE 19. SETTLEMENT OF GRIEVANCES 29
SECTION 19.1. PURPOSE 29
SECTION 19.2. DEFINITION AND PROCEDURE. 29
SECTION 19.3. ARBITRATION 31
SECTION 19.4. AUTHORITY OF ARBITRATOR 31
SECTION 19.5. EXPENSES OF ARBITRATION. 32
SECTION 19.6. TIME LIMIT FOR FILING 32
SECTION 19.7. APPLICATION OF EVIDENCE RULES. 33
ARTICLE 20. CHECK OFF SYSTEM AND UNION SECURITY 33
SECTION 20.1. DUES CHECK OFF 33
SECTION 20.2. NOTICE AND APPEAL. 33
SECTION 20.3. INDEMNIFICATION. 33
ARTICLE 21. ACCRUAL AND FORFEITURE OF SENIORITY 34
ARTICLE 22. LAYOFFS 34
SECTION 22.1. NOTICE TO BE GIVEN. 34
SECTION 22.2. ORDER TO BE FOLLOWED WHEN LAYING OFF. 35
SECTION 22.3. ORDER TO BE FOLLOWED IN CALL BACK. 35
ARTICLE 23. EDUCATION EXPENSE 35
ARTICLE 24. RESIDENCY REQUIREMENT 36
ARTICLE 25. GENERAL PROVISIONS 36
SECTION 25.1. MANAGEMENT RIGHTS. 36
SECTION 25.2. NO STRIKE OR LOCKOUT OUT. 37
SECTION 25.3. TITLES OR HEADINGS 38
SECTION 25.4. TOTALITY 38
SECTION 25.5. CONFLICT WITH EXISTING POLICIES OR REGULATIONS. 38
SECTION 25.6. DRUG AND ALCOHOL TESTING. 38
SECTION 25.7. WELLNESS PROGRAM 38
ARTICLE 26. EFFECTIVE DATE OF AGREEMENT 38
SIGNATURE PAGE 40
APPENDIX A-DRUG AND ALCOHOL POLICY 41
APPENDIX B -WAGE AND LONGEVITY SCHEDULES-COMMISSIONED OFFICERS 49
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APPENDIX C-WAGE AND LONGEVITY SCHEDULES-OTHER EMPLOYEES 50
APPENDIX D-GRIEVANCE FORM 51
APPENDIX E-DUES AUTHORIZATION FORM 53
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ARTICLE 1. PURPOSE AND DEFINITION OF TERMS
This Agreement has as its purpose the promotion of harmonious relations between the
City of Canton, hereinafter referred to as "City" or"Employer," and the Illinois Fraternal Order
of Police Labor Council, hereinafter referred to as "Union" or "Labor Council"; 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.
Section 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 under
Section 2.1.
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.
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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 Illinois Fraternal Order of Police Labor Council,Unit#840.
1.1.9 "Police Chief,""Chief' or"Chief of Police" shall mean the Police Chief of the City
of Canton Police Department or the"Public Safety Director,"as applicable.
ARTICLE 2. RECOGNITION
Section 2.1. Bargaining Agent.
The Employer recognizes the Illinois Fraternal Order of Police Labor Council as the sole,
exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other
conditions of employment for full-time employees of the City of Canton Police Department,both
commissioned officers and other civilian employees excluding secretaries, civilian administrative
assistant, Police Chief, all other City employees, and all confidential, managerial and
professional employees and supervisors as defined by the Illinois Public Labor Relations Act and
all others excluded by Statute.
Section 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 and the 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 (Ill.
Comp. Stat. 65 ILCS 5/10-2.1-1 et seq.).
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Section 2.3. 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.
ARTICLE 3. HOURS OF WORK
Section 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.
Section 3.2. Annual 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
designated shifts have been staffed to the proper levels. Should an employee fail to request his or
her preferred shift within the set forth time, the Chief of Police or his designee may assign the
employee to any available position on the list. The Chief of Police will determine the shift
assignments of probationary Officers.
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Section 3.3. New Position Openings Outside of Annual Shift Bidding.
When an opening on a shift is created by retirement,resignation, death, or discharge of an
employee, outside of annual shift bidding, 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 opening shall be offered to the interested employees by
descending seniority until the designated shift has been staffed. If there are no volunteers, then
the Chief may reassign to fill the opening by inverse seniority.
Section 3.4. Secondary Position Openings.
Secondary positions that may become open due to the reasons set forth in Section 3.3
shall likewise be posted for a period of three days.
Section 3.5. Shift Transfer by the Police Chief.
Notwithstanding the foregoing,the Police Chief shall have the right to transfer employees
who have been permanently assigned to a shift under the above sections 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 twenty-one (21)
days' notice of a schedule change. This may occur with less than twenty-one (21) days' notice if
mutually agreed upon by the affected employee and the chief or designee. If the change is to fill
an emergency need, notice will be no less than a forty-eight (48) hour. An emergency can be
defined as a serious situation or occurrence that happens unexpectedly and demands immediate
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action. If the reason for the transfer no longer exists and it would not adversely affect operations,
the affected employee shall be given the right to return to the shift originally bid.
Section 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.
Section 3.7. Specialty Position Assignments.
Specialty position shifts such as Special Operations, 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 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.
Section 3.8. 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.
Section 3.9. Work Schedule.
Work schedules showing the employees' workdays and hours shall be posted on a
Department bulletin board at all times.
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Section 3.10. 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 6 A.M., 10
A.M.,2 P.M., 6 P.M.,or 10 P.M.
ARTICLE 4. WAGES
Section 4.1. Schedule.
Employees shall be compensated as provided in the Wage and Longevity Schedule,
which is attached hereto and made a part hereof.
Section 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.
Section 4.3. Communications Supervisor.
The Employer will agree to add five percent(5%) to the base pay of the Communications
Supervisor. This position shall be by appointment of the Chief.
Section 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 additional longevity
salary payments based upon the service requirements specified in the longevity
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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 with the City of Canton.
(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 the
notice of the longevity step election by the Union by January 1st of each
calendar year provided that the one year longevity Step A shall be after 20
years of service with the City of Canton. 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 forth above (Appendix B) and shall be paid
salary based on the step in the salary schedule (Appendix B)
corresponding to their service time. A qualifying commissioned officer
may only be placed in Step A once.
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(4) "Longevity" for purposes of this Section 4.4(B) shall be consistent with
Illinois law and only be "[a]dditional pay received after the employee has
attained a specified number of years of service. This pay may be received
with regular salary or in one or more lump sum payments during the year.
When paid in a lump sum,the amount should be prorated to determine the
monthly equivalent to compute all pension contributions and benefits." 50
Ill.Adm. Code 4402.35.
(5) No longevity pay under this Section 4.4(B) may be paid to a
commissioned officer unless the commissioned officer has made a timely
election(as required above) so that the longevity pay is budgeted for in the
City's annual appropriations ordinance or budget, and the longevity pay
shall not begin to take place until the effective date of the next annual
appropriations ordinance or budget fiscal year following the January 1st
election above, or as otherwise required to comply with Illinois law. Upon
timely receipt of the Union's notice of longevity step election pursuant to
this Section 4.4, the City shall use reasonable efforts to include the
necessary longevity pay in the City's appropriations ordinance or budget
(as the case may be).
Section 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.
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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.
Section 4.6. Training Officer.
The Certified.Field Training Officer will be paid one (1) hour compensatory time for
each shift that a Training Officer has a recruit. The Certified Communications Training Officer
will be paid one (1) hour compensatory time for each eight (8) hour shift or one and one-half
(1.5) hours compensatory time for each twelve (12) hour shift that a Communications Training
Officer has a recruit.
ARTICLE 5. VACATION
Vacation will be paid at the regular (base) hourly rate of pay at the time of usage.
Employees shall accumulate vacation in accordance with the following schedule:
After 1 full year of service: 2 weeks of vacation(not to exceed ten (10)working days)
After 3 full years of service: 3 weeks of vacation (not to exceed fifteen (15) working
days)
After 10 full years of service: 4 weeks of vacation (not to exceed twenty (20) working
days)
Vacations will be scheduled to meet the operating requirements of the City with
preference given to the employee with seniority whenever possible and only upon approval of
the Police Chief.
Section 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
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anniversary year for extension to the office of the Mayor who shall approve or disapprove same.
When vacations cannot be granted during the anniversary year, employees shall be paid their
regular straight time rate for all unused vacation in lieu thereof.
Section 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.
Section 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.
ARTICLE 6. HOLIDAYS
Section 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 November)
Christmas Day(25 December)
Employee Birthday(effective 5/1/15)
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The employee's 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.
Section 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.
Section 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 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
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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.
Section 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.
ARTICLE 7. SICK AND PERSONAL LEAVE
Section 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 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.
Section 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.
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Section 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.
Section 7.4. Pay In Lieu of Personal Leave.
Should an employee not use all or any of the forty (40) hours personal 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.
Section 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.
ARTICLE 8. LEAVE
Section 8.1. Short Term Disability Policy.
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 pursuant to the
City's Short Term Disability Policy(or the City's"Loss of Time"insurance policy).
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Section 8.2. Job Related Disability.
Any police officer injured while performing assigned tasks, shall be eligible for injury
leave in compliance with the Public Employee Disability Act (5 ILCS 345/0.01 et seq.) and any
civilian employee injured while performing assigned tasks during the course of employment
shall be eligible for worker's compensation under applicable law. 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.
Section 8.3. Leave Restrictions.
Notwithstanding anything herein to the contrary, any employee who is on an unpaid leave
of absence for more than thirty (30)working days (Monday through Friday excluding holidays),
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 any other paid leave unless the employee had it accrued prior to the leave of
absence, or unless otherwise provided for by law.
Section 8.4. Military Leave.
Employees shall be granted such leave in accordance with the provisions of all applicable
federal and state statutes.
Section 8.5. 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
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taken with approval of the Chief. Bereavement leave shall be with pay for any regular scheduled
workdays.
Section 8.6. 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.
Section 8.7. 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.
ARTICLE 9. SPECIAL PAY PROVISIONS
Section 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.
Section 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 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 %z). All time will be paid in quarter
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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 %a) 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).
Section 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.
Section 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, 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 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$20.00 per shift in addition to their regular wages.
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Section 9.5. Night Bonus.
Any commissioned officer who works a regular eight (8) hour shift anytime between the
hours of 3:00 P.M. and 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.
Section 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 'A) 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.
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Section 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 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.
Section 9.8. Training.
Any employee authorized to attend a training school shall be paid for time incident
thereto at his regular hourly rate.Any authorized training that exceeds forty-three (43) hours in a
work week will be paid at the overtime rate.
Section 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
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Employer overtime. Repayment of duty trade time for the employee actually working shall be.
the responsibility of the individual employees and not the Employer.
Section 9.10. Call In for Emergency Duty.
In the event that an employee is called in for emergency duty on any such day outside of
the employee's regular work hours,said employee shall be paid the overtime rate.
ARTICLE 10. CLOTHING ALLOWANCE
Section 10.1. Annual Payment.
All commissioned officers shall be paid an annual clothing allowance of $650.00 for
regulation policemen's clothing as approved by the City Council. The payment of this amount
shall be made on the first payday in May.
Beginning on May 1, 2022, all commissioned officers shall be paid an annual clothing
allowance of$750.00 for regulation policemen's clothing as approved by the City Council. The
payment of this amount shall be made on the first payday in May 2022, and each May thereafter.
Commissioned officers will be reimbursed by the Employer for the purchase of required
specialty uniforms in the following assignments: Special Response Team (SRT), K-9, Bicycle
Patrol, and Honor Guard.
Section 10.2. Civilian Employees.
Civilian employees, except the Community Service 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 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.
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Section 10.3. Probationary Employees Payment.
A probationary employee shall be paid the clothing allowance at the time of his
employment.
Section 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.
Section 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.
Section 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.
Section 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
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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.
ARTICLE 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.
ARTICLE 12. EMPLOYEE'S INSURANCE
Section 12.1. Payment.
Effective May 1, 2021, employees will contribute 24% of the applicable healthcare
premium, including the cost of dental coverage,to be deducted from the employee's monthly pay
in two (2) equal payments from the first and second paychecks of the month. The City shall pay
the balance of all total insurance premiums including the cost of dental coverage.
Effective May 1, 2022, employees will contribute 24.5% of the applicable healthcare
premium,including the cost of dental coverage,to be deducted from the employee's monthly pay
in two (2) equal payments from the first and second paychecks of the month. The City shall pay
the balance of all total insurance premiums including the cost of dental coverage.
Effective May 1, 2023, employees will contribute 25% of the applicable healthcare
premium, including the cost of dental coverage,to be deducted from the employee's monthly pay
in two (2) equal payments from the first and second paychecks of the month. The City shall pay
the balance of all total insurance premiums including the cost of dental coverage.
The above payments shall be through payroll deduction and their Section 125 Plan.
"Applicable healthcare premium" means the healthcare premium, including the cost of dental
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coverage, associated with the healthcare plan the employee is enrolled in through the City (e.g.
PPO or high-deductible healthcare plans).
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
Section 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 whether the employee or dependents are
covered under the City's healthcare plan.
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.
Section 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 an employee
without dependents;or, $1,000.00 aggregate for an employee with dependents.
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Section 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 Illinois Fraternal Order of Police Labor Council,
Unit#840
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 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 fmal authority on any recommended
changes or appeals on payments.
Section 12.5. Post Employment Health Plan (PERP).
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
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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.
Section 12.6. Internal Revenue Code Section 125 Plan.
Beginning May 1, 2021 the Employer shall deduct from the payroll of all employees
participating in the City's Group Health Care Plan 24% of the their applicable healthcare
premium plus whatever amounts the employee may direct in addition to that contribution.
Beginning May 1, 2022 the Employer shall deduct from the payroll of all employees
participating in the City's Group Health Care Plan 24.5% of the their applicable healthcare
premium plus whatever amounts the employee may direct in addition to that contribution.
Beginning May 1, 2023 the Employer shall deduct from the payroll of all employees
participating in the City's Group Health Care Plan 25% of the their applicable healthcare
premium 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 the applicable percentage(shown above) of the applicable healthcare premium.
Section 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.
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ARTICLE 13. RETIREMENT INSURANCE
Section 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 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 retiree's life insurance coverage shall be terminated and
no longer provided for the retiree or for spouse/dependents.
Section 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
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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.
Section 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 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.
Section 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.
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ARTICLE 14. TRAVEL ALLOWANCE
When an employee is authorized or required to drive a personal car for 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.
ARTICLE 15. STRESS DAY
All commissioned officers shall receive one Sunday off per calendar month with pay as a
stress day. Civilian employees shall receive seven (7) stress days (56 hours)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.
ARTICLE 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.
ARTICLE 17. DISCIPLINE
Discipline shall be progressive and corrective and shall be designated to improve the
behavior and not merely punish it. The Employer agrees that disciplinary action shall be
imposed only for just cause. Discipline shall be imposed as soon as practical after the Employer
learns of the occurrence giving rise to the need for disciplinary action and after the Employer has
had a reasonable opportunity to review the facts. The Union acknowledges that investigations
may take a substantial period of time, and the Employer shall be permitted to institute
disciplinary action after the Employer completes an investigation satisfactory to Employer.
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The Employer shall have the option to implement any disciplinary actions it deems
appropriate based upon the circumstances, which may include, but not be limited to, any of the
following:
(a) Oral warning;
(b) Written Warning;
(c) Suspension without pay;
(d) Discharge.
For the avoidance of doubt,the above disciplinary actions are not required to be taken by
the Employer in any particular order.
Where the Employer desires to conduct an investigatory interview of an employee where
the results of the interview might result in discipline, and the employee desires Union
representation,the employee shall be entitled to representation pursuant to applicable law.
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 fourteen (14) calendar days after
receiving notice of the discipline.
All disciplinary actions taken against a civilian employee shall be subject to the grievance
procedure set forth in Article 19.
ARTICLE 18. 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.
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Section 18.1. 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.
Section 18.2. Schedule.
The Chief of Police shall notify all employees of the Department meeting at least one (1)
week in advance.
Section 18.3. 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.
ARTICLE 19. SETTLEMENT OF GRIEVANCES
Section 19.1. 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.
Section 19.2. Definition and Procedure.
A grievance is a dispute or difference of opinion raised by one or 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, in writing, to the Chief of
Police. The Chief of Police shall give a written answer within fourteen (14) calendar 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
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Chairperson of the City's standing Committee on Grievance, Negotiation and Personnel
within fourteen (14) calendar days after the response by the Police Chief is made. The
Committee or the City shall thereafter meet with the aggrieved employee and/or his
representative, if any, within fourteen (14) calendar days of submission of the written
grievance to the Committee. Following such meeting, the Committee or the City, or their
representative, shall make its written answer within fourteen(14)calendar days following
such meeting, or in the event the employee and/or its representative waives appearing at
said meeting,then fourteen(14) calendar days after the date of the Committee's or City's
meeting that the employee and/or representative waived.
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 fourteen (14) calendar 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 seven (7) calendar 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 19.3 herein.
Any of the timelines provided for herein may be increased upon agreement between the
Union and the City. The Holidays designated in Section 6.1 shall not count as "calendar days"
for purposes of this Article 19.
All grievances and/or answers hereunder may be served by personal service, hand
delivery, or by e-mail upon the(i)Police Chief; (ii) Chairperson of the Committee on Grievance,
Negotiation, and Personnel; (iii) Mayor; or (iv) Union President, as applicable. In all events, a
copy of any grievances submitted to the (i) Police Chief; (ii) Chairperson of the Committee on
Grievance, Negotiation, and Personnel; or (iii) Mayor, shall also be sent via e-mail to the City
Attorney at his or her e-mail address as listed on the City's website or otherwise as may be
provided to the Union President from time-to-time.
The Grievance Form attached hereto as Appendix D is provided for convenience only,
and the City may utilize any form it desires for purposes of responding to any grievances filed.
All grievances filed by the Union shall be in writing.
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Section 19.3. 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 fourteen(14) calendar days after receipt of the
City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within seven (7)
calendar days after receipt of notice of referral and in the event the parties are unable to agree
upon an arbitrator within said seven (7) 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 parties shall flip a coin to determine who 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.
Section 19.4. 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
31
presented. The decision of the arbitrator shall be final and binding,unless 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.
Section 19.5. 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.
Section 19.6. Time Limit for Filing.
No grievance shall be entertained or processed unless it is submitted within fourteen (14)
calendar days after the occurrence of the event giving rise to the grievance or within fourteen
(14) calendar 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 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.
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Section 19.7. 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.
ARTICLE 20. CHECK OFF SYSTEM AND UNION SECURITY
Section 20.1. Dues Check Off.
Upon receipt of a written and signed authorization form from an employee (in a form
substantially as attached hereto as "Appendix E"), the Employer shall deduct the amount of the
Union dues and the initiation.fee, if any, set forth in such form and any authorized increase
therein, from the wages of the employee and shall remit such deductions monthly to the Illinois
Fraternal Order of Police Labor Council at the address designated by the Union in accordance
with the laws of the State of Illinois,within thirty(30)days after the deductions have been made.
The Union shall advise the Employer of any increase in dues, in writing, at least fifteen (15)days
prior to its effective date. In the event of change of law or other requirements pertaining to the
deduction of dues and/or initiation fees, the City and the Union agree to bargain over necessary
revisions to the authorization form. The Union affirms and states that the attached Appendix E is
in compliance with all applicable laws and regulations.
Section 20.2. Notice and Appeal.
The Union agrees to provide notices and appeal procedures to employees in accordance
with applicable law.
Section 20.3. 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
33
Article 20 or any portion thereof. The Union agrees to comply with all federal, state, and local
laws and regulations pertaining to dues and initiation fees associated with the Union.
ARTICLE 21. 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 employment.
Seniority shall be forfeited for any of the following reasons:
(a) Employee resigns; or
(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.
ARTICLE 22. LAYOFFS
Section 22.1. 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 IPLRA. 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.
34
Section 22.2. Order to be Followed When Laying 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 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.
Section 22.3. 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.
ARTICLE 23. 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
35
Police. The above requirement would be contingent upon the successful completion of such
course.
ARTICLE 24. RESIDENCY REQUIREMENT
Effective July 17, 2018, the residency requirement shall require employees to live within
a twenty-five (25) minute drive of the Canton Police Department. Employees who lived beyond
the said requirement on July 17,2018 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.
ARTICLE 25. GENERAL PROVISIONS
Section 25.1. 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 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
36
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;
(1) To establish rules relating to those items not subject to arbitration
under 6 ILCS 314/14(i) of the Illinois Public Employees Labor
Relations Act, except to the degree to the impact of such items;
(m) To determine the methods, means and personnel by 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 Article is intended to alter or abrogate the intention or authority of any
other Article 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.
Section 25.2. 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.
37
Section 25.3. 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.
Section 25.4. 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.
Section 25.5. 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.
Section 25.6. Drug and Alcohol Testing.
Drug and alcohol testing of employees shall be in accordance with the Policy attached as
Appendix A.
Section 25.7. 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.
ARTICLE 26. 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, 2021. This Agreement shall expire on the 30th
38
of April, 2024 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. Pursuant to the IPLRA, any
party wishing to terminate or modify this Agreement shall notify the other in writing, no less
than sixty(60)calendar days prior to the scheduled termination date of this Agreement.
[SIGNATURE PAGE TO FOLLOW]
39
SIGNATURE PAGE
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.
Dated this fp day of February, 2022.
CITY OF CANTON,ILL OIS
44 A PA/ L.)-0)
ent McDowell,Mayor
±„ow
ATTEST: f /�i �
vew'ler
ILLINOIS FRATERNAL ORDER OF POLICE
LABOR COUNCIL
BY: COI.N 40"--
David Gass, Its Representative
FOR THE UNION(Illinois Fraternal Order of Police Labor Council,Unit#840):
_ , _ ,Its President.
fig J
,Its Vice-President.
-(,e= Its Secretary.
40
I
APPENDIX A-DRUG AND ALCOHOL POLICY
SECTION 1 -DRUG AND ALCOHOL-FREE WORKPLACE:
A. Policy. It is the policy and commitment 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 consumption,possession
or distribution specifically directed or authorized by the employee's supervisor in
the performance of the employee's duty; nor to possession or consumption
according to directions of the prescribing physician of legal prescription 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 terminated from the employ 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 apply.
1. The employee called out shall advise the department representative notifying him
if he has consumed alcohol or legal drugs during the day of the callout 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 the 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.
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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 initiationof 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. Officer Involved Shootings. 50 ILCS 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.
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
42
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 I 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 1 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 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.
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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.
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 Article 17 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.
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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 (DOT) 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 ensure the integrity of and identity of 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;
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9. Ensure 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.Ensure 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 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)
Marijuana metabolite 50
Cocaine metabolite 300
Opiate metabolite 300*
Phencyclidine 25
Amphetamines 1000
*25 ng/ml if immunoassay-specific for free morphine.
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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 test on a urine specimen
that tested positive using a technologically different initial screening method:
CONFIRMATORY TEST LEVEL (ng/ml)
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-specific for 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 25%)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
shall 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.
(c) 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
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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 shall be required to report to the collection
site on his first day back to work.
(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.
(e) 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.
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APPENDIX B-WAGE AND LONGEVITY SCHEDULES—COMMISSIONED
OFFICERS
FY 22—3.5% FY 23—2.75% FY 24—2.75%
05/01/2021- 05/01/2022- 05/01/2023-
04/30/2022 04/30/2023 04/30/2024
Patrolmen
Starting $51,766.16 $53,189.73 $54,652.44
Starting 2nd Year $54,764.47 $56,270.49 $57,817.93
3rd Year $57,993.66 $59,588.48 $61,227.17
4th Year $64,129.73 $65,893.30 $67,705.36
5th Year $64,738.68 $66,518.99 $68,348.27
7th Year $66,421.48 $68,248.07 $70,124.89
10th Year $68,855.75 $70,749.28 $72,694.88
15th Year $70,474.99 $72,413.05 $74,404.41
20th Year $73,905.62 $75,938.03 $78,026.32
25th Year $76,073.38 $78,165.40 $80,314.95
30th Year $78,355.59 $80,510.36 $82,724.40
Sergeants
Starting $54,483.88 $55,982.19 $57,521.70
Starting 2nd Year $57,639.60 $59,224.69 $60,853.37
3rd Year $61,038.33 $62,716.88 $64,441.59
4th Year $67,496.54 $69,352.69 $71,259.89
5th Year $68,137.46 $70,011.24 $71,936.55
7th Year $69,908.60 $71,831.09 $73,806.45
10th Year $72,470.67 $74,463.62 $76,511.36
15th Year $74,174.93 $76,214.74 $78,310.65
20th Year $77,785.67 $79,924.78 $82,122.71
25th Year $80,067.23 $82,269.08 $84,531.48
30th Year $82,469.25 $84,737.16 $87,067.43
Lieutenants
Starting $57,344.28 $58,921.25 $60,541.59
Starting 2nd Year $60,665.68 $62,333.99 $64,048.17
3rd Year $64,242.84 $66,009.52 $67,824.78
4th Year $71,040.11 $72,993.71 $75,001.04
5th Year $71,714.68 $73,686.83 $75,713.22
7th Year $73,578.81 $75,602.22 $77,681.28
10th Year $76,275.38 $78,372.96 $80,528.21
15th Year $78,069.11 $80,216.01 $82,421.95
20th Year $81,869.42 $84,120.83 $86,434.15
25th Year $84,270.76 $86,588.21 $88,969.38
30th Year $86,798.89 $89,185.86 $91,638.47
*For purposes of Section 4.4(B),the Step A Longevity Step is$625.00 per month.
49
APPENDIX C-WAGE AND LONGEVITY SCHEDULES—OTHER EMPLOYEES
FY 22-3.5% FY 23-2.75% FY 24-2.75%
05/01/2021- 05/01/2022- 05/01/2023-
04/30/2022 04/30/2023 04/30/2024
Dispatchers
Starting $38,784.34 $39,850.91 $40,946.81
Starting 2nd Year $39,943.37 $41,041.81 $42,170.46
3rd Year $41,151.98 $42,283.66 $43,446.46
4th Year $42,388.27 $43,553.95 $44,751.68
7th Year $43,648.26 $44,848.59 $46,081.92
10th Year $44,956.05 $46,192.34 $47,462.63
15th Year $46,318.07 $47,591.82 $48,900.59
20th Year $47,707.71 $49,019.68 $50,367.72
25th Year $49,138.84 $50,490.16 $51,878.64
30th Year $50,613.01 $52,004.86 $53,435.00
Code Enforcement/Animal Control/Community Service Officer*
Starting $45,160.55 $ 46,402.46 $47,678.53
Starting 2nd Year $46,074.99 $ 47,342.05 $48,643.96
3rd Year $46,990.77 $ 48,283.02 $49,610.80
4th Year $47,906.52 $ 49,223.95 $50,577.60
7th Year $49,738.05 $ 51,105.85 $52,511.26
10th Year $60,700.78 $ 62,370.05 $64,085.23
15th Year $62,886.01 $ 64,615.37 $66,392.30
20th Year $65,149.90 $ 66,941.53 $68,782.42
30th Year $67,104.40 $ 68,949.77 $70,845.89
*The City and the Union agree that the wage/longevity scale for the Code Enforcement/Animal
Control/Community Service Officer is based upon the current duties, experience, and
qualifications of the current employee holding said position at the time of execution of this
Agreement. In the event the current employee holding the position no longer holds the position
and the necessary training/qualifications and/or duties of the position change,the City and the
Union agree to bargain over this wage/longevity schedule.
50
APPENDIX D-GRIEVANCE FORM
(use additional sheets where necessary)
Lodge/Unit No.: Year: Grievance No.:
13,1-'1".ts Date Filed:
fRA MA' ia° DF Department:
ORDER �'�' POUDE
444.08 co13146 Grievant's Name:
Last First M.I.
STEP ONE
Date of Incident or Date Knew of Facts Giving Rise to Grievance:
Article(s)/Sections(s)violated: ,and all applicable Articles
Briefly state the facts:
Remedy Sought: ,in part and in whole,make grievant(s)whole.
Given To: Date:
Grievant's Signature FOP Representative Signature
EMPLOYER'S RESPONSE
Employer Representative Signature Position
Person to Whom Response Given Date
STEP TWO
Reasons for Advancing Grievance:
Given To: Date:
Grievant's Signature FOP Representative Signature
EMPLOYER'S RESPONSE
Employer Representative Signature Position
Person to Whom Response Given Date
51
Lodge/Unit No.: Year: Grievance No.:
STEP THREE
Reasons for Advancing Grievance:
Given To: Date:
Grievant's Signature FOP Representative Signature
EMPLOYER'S RESPONSE
Employer Representative Signature Position
Person to Whom Response Given Date
STEP FOUR
Reasons for Advancing Grievance:
Given To: Date:
Grievant's Signature FOP Representative Signature
EMPLOYER'S RESPONSE
Employer Representative Signature Position
Person to Whom Response Given Date
REFERRAL TO ARBITRATION by Illinois FOP Labor Council
Person to Whom Referral Given Date
FOP Labor Council Representative
�LLiNQI$
52
APPENDIX E-DUES AUTHORIZATION FORM
ILLINOIS FRATERNAL ORDER OF POLICE
LABOR COUNCIL
974 CLOCK TOWER DRIVE
SPRINGFIELD,ILLINOIS 62704 /
I, (insert your name), understand that under the
U.S. Constitution I have a right not to belong to a union. By my signature I hereby waive this right
and opt to join the IL FOP Labor Council.
I, (insert your name), hereby authorize my
Employer, (insert employer name),to deduct from my wages
the uniform amount of monthly dues set by the Illinois Fraternal Order of Police Labor Council, for
expenses connected with the cost of negotiating and maintaining the collective bargaining agreement
between the parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as
it may from time to time direct. In addition, I authorize my Employer to deduct from my wages any
back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of its
certification as exclusive bargaining representative to the date this dues deduction is implemented, in
such manner as it so directs.
Date: Signed:
Address:
City:
State: Zip:
Telephone:
Personal E-mail:
Employment Start Date:
Title:
Employer,please remit all dues deductions to:
Illinois Fraternal Order of Police Labor Council
Attn:Accounting
974 Clock Tower Drive
Springfield,Illinois 62704
(217)698-9433
Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable
contributions for federal income tax purposes;however, they may be deductible on Schedule A of Fonn 1040
as a miscellaneous deduction.Please check with your tax preparer regarding deductibility.
53
EXHIBIT B
SIDE LETTER OF AGREEMENT
This Side Letter of Agreement("SLA")between the City of Canton,an Illinois municipal
corporation(the "City") and the Illinois Fraternal Order of Police Labor Council,Unit#840 (the
"Union") is intended to serve as a confirmation of the City and the Union's additional agreements,
subject to the Union having ratified the City's proposed Collective Bargaining Agreement prior to
the Regular Meeting of the Canton City Council on January 18,2022 at 6:30 p.m. The Union and
the City may collectively be referred to hereinafter as the"Parties."
WHEREAS, the City and the Union are parties to a Collective Bargaining Agreement,
dated May 1, 2021 through April 30,2024(the"CBA");
WHEREAS, as part of the negotiations for the above-described CBA,the City offered to
pay certain "COVID Premium Pay," as described below, in the event that the Union ratified the
City's proposed Collective Bargaining Agreement prior to the Regular Meeting of the Canton City
Council on January 18,2022 at 6:30 p.m.;
WHEREAS, the Union ratified the City's proposed Collective Bargaining Agreement
prior to the Regular Meeting of the Canton City Council on January 18,2022 at 6:30 p.m.
NOW,THEREFORE, in consideration of the foregoing,the City and Union agree to the
following:
A. All eligible workers (defined in Section B below)that are also employees under the
CBA,as of May 1,2022,who also worked at least 15.3846 hours during the COVID-19 public health
emergency, shall be paid an amount of Two Hundred and No/100 ($200.00) (hereinafter"COVID
Premium Pay").The COVID Premium Pay will be paid in a lump sum on the first paycheck in May
2022 or by a separate check at the time of the first paycheck in May 2022. The COVID Premium
Pay shall be in addition to wages or remuneration of the employee and shall be separate from and
not utilized for the computation of any wages,overtime,sick/personal leave,holiday pay,vacation
pay,compensatory time,or any other compensation paid by the City to the employee.
B. An "eligible worker" for purposes of this SLA shall mean those workers needed
to maintain continuity of operations of essential critical infrastructure sectors and additional
sectors as each chief executive officer of a metropolitan city, nonentitlement unit of local
government, or county may designate as critical to protect the health and well-being of the
residents of their metropolitan city, nonentitlement unit of local government, or county. By
executing below, the Mayor of the City of Canton is designating employees subject to the CBA
as"eligible workers."
C. The Union and the City agree that the COVID Premium Pay is being paid to respond
to workers performing essential work during the COVID-19 public health emergency by providing
premium pay to eligible workers of the City of Canton that are performing such essential work.
D. The parties agree that this SLA is intended to be compliant with the American Rescue
Plan of 2021 (Public Law No. 117-2, 117t Congress) and any regulations promulgated in relation
thereto (collectively "ARPA"). To the extent any provisions of this SLA are found to be non-
compliant with ARPA,then the City and the Union agree to meet to attempt to remedy any issues to
accomplish the foregoing.However,in no event shall the City be required to pay more than$200.00
per eligible worker that is also an employee nor be required to pay any of the COVID Premium Pay
from any source other than funds provided to the City,as a non-entitlement unit,pursuant to ARPA.
E. The City and Union agree that this SLA is intended to be a non-recurring, one-time
payment from the ARPA funds received by the City of Canton, and this SLA shall expire in its
entirety upon the City's payments in May 2022.The City and Union further agree that the COVID
Premium Pay is not"salary for pension purposes"under 50 Ill.Adm. Code 4402.35 and it shall not
be used in determining an employee's pension.Nothing in this provision precludes the City from
agreeing to award additional COVID Premium Pay in the future,but in no way is the City required
to do so.
Dated this p day of February,2022.
FOR THE UNION: FOR THE CITY:
Davis Gass,Representative K nt McDowell,Mayor
. Its President. A -
410.7k
- L L Its Vice-President.
^ �.� ,Its Secretary Diana Pavley-Rock,City Clerk
EXHIBIT C
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") between the City of Canton, an Illinois
municipal corporation (the "City") and the Illinois Fraternal Order of Police Labor Council,Unit
#840 (the"Union") is intended to serve as a confirmation of the City and the Union's agreements
pertaining to certain employee's non-compliance with the required residency requirements of their
Collective Bargaining Agreement. The Union and the City may collectively be referred to
hereinafter as the"Parties."
WHEREAS, the City and the Union are parties to a Collective Bargaining Agreement,
dated May 1,2021 through April 30,2024(the"CBA");
WHEREAS,Article 25 of the CBA provides:
Effective July 17, 2018, the residency requirement shall require employees to live within a
twenty-five(25)minute drive of the Canton Police Department.Employees who lived beyond
the said requirement on July 17,2018 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.
WHEREAS, Candi Buhl("Officer Buhl"),an employee pursuant of the City that is subject
to the CBA, currently resides in Hanna City, IL (the employee's residence on file with the City at
the time of this MOU is hereinafter referred to as the"Employee's Residence");
WHEREAS,the Employee's Residence is more than a twenty-five(25)minute drive of the
Canton Police Department,and Officer Buhl did not live at Employee's Residence on July 17,2018;
WHEREAS,the City has agreed to permit Officer Buhl to continue residing outside of the
Residency Requirements of Article 25 of the CBA,subject to the terms and conditions of this MOU;
WHEREAS,by executing this MOU,the Union affirms that no other employees subject to
the CBA reside outside of the Residency Requirements of Article 25 of the CBA.
NOW, THEREFORE,in consideration of the foregoing,the City and Union agree to the
following:
A. The City agrees not to discipline Officer Buhl solely due to her violation of Article 25
of the CBA by residing at the Employee's Residence.
B. In the event Officer Buhl no longer resides at the Employee's Residence,then,in order
to continue employment with the City, Officer Buhl shall be required to comply with
the Residency Requirements of Article 25 of the CBA for any future residential
locations.
C. This MOU will become effective as of the date the MOU is signed by Officer Buhl,the
City, and the Union and will become part of the CBA;
D. This MOU shall not be deemed precedential in any way and may not be relied upon by
the parties hereto for purposes of any past practice;
E. Except as modified by this MOU, all other provisions of the CBA shall remain in full
force and effect unless inconsistent with this MOU. In the event of a conflict between
this MOU and the CBA,this MOU shall control.
Dated this le
day of January,2022.
For the C'ty: For e Uni . n,
Kent McDowell,Ma David Gass, Its Representative
A ja64tsesident
Di, • E-av eye' ' City - - Its Vic resident
Its "ecretary �r
Em loyee:
•
i Buhl 11111.
i
GRIEVANCE SETTLEMENT AGREEMENT
Between
The City of Canton, Illinois (the"City") and
The Illinois Fraternal Order of Police Labor Council, Unit 840 (the"Union")
WHEREAS, the City and the Union are parties to a collective bargaining agreement dated May 1, 2021
through April 30, 2024 (the"CBA");
WHEREAS, on or about March 25, 2022, the President of the Union, Joshua Wages (the "Grievant" or
"Union President"), filed a grievance(the"Grievance")alleging a violation of Section 12.1 of the CBA and stated
"The Employer has increased insurance rates for the High Deductible plan greater than agreed upon during
collective bargaining and in the contract.";
WHEREAS, the City denied the Grievance on or about April G, 2022;
WHEREAS, the City's Mayor, Kent McDowell, and the Union have met in an attempt to resolve the
Grievance, and the City has offered to resolve the Grievance pursuant to the terms of this Grievance Settlement
Agreement(this .Agreement");
WHEREAS,in order to reduce further time and expense associated with the Grievance,the City and Union
desire resolve the Grievance on the terns and conditions of this Agreement set forth below.
NOW, THEREFORE, in consideration of the foregoing, the Union and City agree to the following:
1. The City denies any violation of the CBA. Nothing in this Agreement shall be considered an
admission by the City that it violated the CBA or otherwise committed any wrongdoings in relation to the CBA
and/or negotiations related thereto.
2. The City will reimburse Police Department employees subject to the CBA and currently enrolled
in the High Deductible Healthcare Plan ("HDHP") (as of April 30, 2022) an amount equal to the difference
between the amount set forth in the CBA(24%of the HDHP premium)and the amount they were paying pursuant
to any prior formula used immediately prior to the execution of the current CBA, for any insurance contributions
made by the employees between March 11, 2022 and April 30, 2022. For the avoidance of doubt, this will be a
reimbursement of the difference in four(4)insurance contribution payments.
3. The reimbursement will be made on or before the applicable employees' first paycheck in May
2022. Current deductions of 24% of the applicable healthcare premium (as defined in the CBA) will continue
through April 30, 2022.
4. The language of the CBA will be strictly followed as it pertains to Section 12.1 of the CBA. On
May 1, 2022, and in each year thereafter, the employees will be required to pay the percentage, as set forth in the
CBA, of the applicable healthcare premium. For example, this amount will be 24.5% for contract year May 1,
2022 —April 30, 2023. This means that the employees will pay 24.5% of the premium for whatever insurance
plan they are enrolled in with the City on May 1,2022, and any future percentages of the premium set forth in the
CBA for each year thereafter. The applicable percentage will be applied towards the full cost of the premium as
set forth by BlueCross BlueShield (or any future plans/health insurance providers).
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i
Example: According to the applicable rates beginning May 1, 2022, a single employee on the
HDHP would pay 24.5% of$784.20, which is $192.129. A single employee on the PPO would
pay 24.5%of$869.56,which is$213.0422. (Rounding may cause slightly different contributions).
5. Employees that desire to switch from the HDHP to the PPO(or the PPO to the HDHP)must do so
during the permitted open enrollment period, which will end on April 30, 2022. On May 1, 2022, then the
employees will be locked into paying the required amount as set forth in the CBA.
6. This Agreement is a full resolution of the Grievance and no future appeals or advancements of the
Grievance will be permitted.
7. This Agreement will become effective as of the date the Agreement is signed by the City, the
Grievant/Union President, and the Union Representative.
8. Except as modified by this Agreement, all other provisions of the CBA shall remain in full force
and effect unless inconsistent with this Agreement. In the event of a conflict between this Agreement and the
CBA, this Agreement shall control.
For the City: Date: Tj�
ayor
Grievant/Union President: a Date:
Union Representative: � Date: ®L 2 S 20 z 7-
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