HomeMy WebLinkAboutResolution #5415RESOLUTION NO. 5415
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING OR
LETTER OF AGREEMENT BETWEEN THE CITY OF CANTON AND
ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL, UNIT #840
REGARDING TEMPORARY LIGHT DUTY FOR A CITY OF CANTON EMPLOYEE
WHEREAS; `theCity of Canton (the "City") and the Illinois Fraternal Order ,of Police
Labor Council, Unit #840. ("Union") ,are-parhes="fo a -Collective Bargaining Agroemerit effective
May 14021"—April 30,2024;
WHEREAS, the City Council of the City of Canton, Illinois has determined that it is
necessary and in the best interests of the City toapprove a Memorandum of,Unde"rstanding or
.Letter 'of Agreement for purposes of assigning -temporary light duty for a 'City of Canton employee.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City .of Canton,
Fulton County, Illinois. as follows:
1. That the Mayor is hereby authorized to enter into a memorandum of understanding
("MOD') or letter of agreement with Union for purposes of assigning a City of Canton employee
to temporary light-duty.
2. That the Mayor and City Clerk of Canton, Illinois are hereby authorized and
directed to execute and deliver. the f nalized MOU or letter of agreement on behalf of the City of
Canton.
3. Prior to the -mayor -and. City Clerk. executing, the City Attorney is hereby authorized
to negotiate, daft, and.make_any make, revisions necessary to the IVIOU or letter of agreement
to substantially accomplish the foregoing, subject to approval by the Mayor and substantially
consistent" as, discussed "during a closed meeting pursuant to 5 ILCS 120/2(c)(1) and 5 ILCS
120/2(c)(2).
4. 'This Resolution shall be in full force and effect immediately upon the passage and
approval of this Resolution and upon execution of the. MOU by the Union.
PASSED THIS 23rd day of March, 2023.
AYES: Alderspersons Chamberlin, Lovell, Grimm, Hale, Lingenfelter, Gossett
NAYS: None
ABSENT: Alderpersons Nelson, Fritz
APPROVED THIS 23`d day of March, 2023.
a J. -Walters, City Clerk
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EXHIBIT A
Memorandum of Understanding
Temporary Light Duty Assignment
This Memorandum of Understanding ("MOU") is entered between the City of Canton, an
Illinois municipal corporation ("City"), Lieutenant Ryan Demott ("Demott"), and the Illinois
Fraternal Order of Police Labor Council, Unit #840 (the "Union"). The City, Demott, and Union
may collectively be referred to as the "parties."
1. The City and Union are parties to a certain Collective Bargaining Agreement, executed
February 20, 2022, and effective May 1, 2021 through April 30, 2024 (the "Contract").
2. Demott is a Commissioned Officer with the City of Canton Police Department
("Department") and member of the Union. Demott's initial hiring date was October 10, 1999.
Demott has been on leave from his current position since on or about July 2, 2022 due to a medical
condition.
3. On or about March 16, 2023, Demott's personal physician, Dr. James Morse, prepared a
letter stating that "Ryan may return to work on light duty 3/27/2023. It is advised he avoid
situations with violent or aggressive suspects. He will be revaluated the fist week in May,2023. He
will still need ortho and oncology follow ups frequently." (Spelling errors are included within the
letter).
4. Demott desires to return to work and the City desires to allow Demott to return to work
temporarily, subject to the terms and conditions of this MOU.
5. The City does not currently have any positions for Commissioned Officers that are light
duty, and the parties agree and acknowledge that the City is not obligated to create a temporary
light duty assignment nor assign light duty work for Commissioned Officers. The parties agree
that allowing a Commissioned Officer to work light duty for an extended period of time (beyond
the Expiration Date, as defined below) is not a reasonable accommodation and would create an
undue hardship for the City. The parties acknowledge and agree that temporary modified -duty or
light duty assignments are a management prerogative and not an employee right. The agreements
and acknowledgements contained in this Paragraph 5 shall survive the expiration and termination
of this MOU.
6. The parties hereto agree that Demott may return to work upon the execution of this MOU,
wherein he will be assigned temporary light duty work (as set forth in "Exhibit A") at the discretion
of the City's Chief of Police until May 12, 2023 (the "Expiration Date"). This MOU shall terminate
on the Expiration Date and the City shall have no further obligation to assign Demott to light duty
assignments beyond the Expiration Date. Nothing in this MOU prohibits the City, Demott, and the
Union from entering into additional memorandums of understanding or agreements in the future.
7. During the term of this MOU, as described above, Demott shall not carry a firearm, operate
an emergency vehicle, or engage in outside employment. During the term of this MOU, the Chief
of Police may otherwise limit Demott's peace officer powers.
8. On or before the Expiration Date, Demott shall: (1) obtain and provide to the City
certification from his treating medical professionals that he is cleared to perform the essential
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functions of his job without restrictions or limitations; (2) obtain a fitness -for -duty examination in
accordance with the Department's Fitness for Duty Policy (Policy #1018) and at the order of the
Chief of Police, which shows that Demott is fit for duty (without restrictions or limitations); and
(3) maintain or otherwise obtain all certification, training and qualifications appropriate to both his
regular and temporary duties, provided that the certification, training, or qualifications are not in
conflict with his medical limitations or restrictions. Demott shall inform the Chief of Police
immediately if he is unable to maintain/obtain his necessary certifications, training, or
qualifications, and if so, then Demott shall obtain/maintain all certifications, training, or
qualifications when he is medically able to do so during the term of the MOU.
9. If Demott is able to complete the items listed in the preceding paragraph on or before the
Expiration Date, then Demott will be permitted to return to regular duty. However, if Demott is
unable to complete the items in Paragraph 8, then this MOU shall terminate on the Expiration Date
and the parties will meet to discuss Demott's ability to return to work thereafter and under what
conditions, if any.
10. Demott shall otherwise comply with all terms and conditions of the Department's
Temporary Modified -Duty / Light Duty Assignments Policy (Policy #1032) and the Fitness for
Duty Policy (Policy #1018). Any failure by the City to insist upon strict performance of any
requirements of said policies by Demott shall not be deemed a waiver by the City for any future
failures to perform nor be deemed a past practice of the City.
11. Although personal time may accrue during the term of this MOU, Demott shall not be
permitted to use any personal time or vacation time (if any) during the term of this MOU. Nothing
in this MOU affects Demott's ability to use sick leave or other permissible leave pursuant to the
Contract or applicable law.
12. This MOU will become effective as of the date this MOU is signed by the City and the
Union. Except for the agreements and acknowledgments in Paragraph 5, this MOU shall not be
deemed precedential. The Union agrees that it may not rely upon this MOU for purposes of past
practice and the execution of this MOU is not binding upon the City and does not obligate the City
to provide a modified or light duty assignment for any other bargaining unit employees (current or
future).
CITY OF CANTON
ked Adowea
By:Kent Mcdowell (Apra, 202312:55 CDT)
Kent McDowell, Mayor
ATTEST: Andrea smith-walters (Apr 3,2023 10:41 CDT)
City Clerk
Date:
FRATERNAL ORDER OF POLICE
LABOR COUNCIL, UNIT #840
By:Jos�Wa 09:20 CDT)
Sgt. Joshua Wages, Union President
By:Eyan Demo - t (Apr 6,2023 15:37 CDT)
Lt. Ryan Demott
David D. Grass
By: David D. Gass (Apr 10, 202311:49 CDT)
Labor Representative
Date:
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Exhibit A
1. Reviewing, revising, and editing reports
2. Handling telephone calls and telephone complaints
3. Assisting investigations with evidence vault maintenance and evidence handling
4. Assisting operations coordinator with computer entry work
5. Reviewing new departmental policies and acknowledging them
6. Assisting with working with new dispatchers to assist in training them
7. Assisting with technical support officer to do computer entry work for various police
reporting/records purposes
8. Performing any and all other light duty work within the Canton Police Department as
deemed appropriate by the Chief of Police
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