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Police contract 2022 2025 represented by Metropolitan Alliance of Police including MOU on 12 7 2022 AGREEMENT BETWEEN METROPOLITAN ALLIANCE OF POLICE ALSIP POLICE CHAPTER #669 AND VILLAGE OF ALSIP MAY 1, 2021 April 30, 2025 TABLE OF CONTENTS PREAMBLE ................................................................................................................................................................... 6 ARTICLE I RECOGNITION ......................................................................................................................................... 6 Section 1.1 Unit ..................................................................................................................................................... 6 ARTICLE II MANAGEMENT RIGHTS....................................................................................................................... 7 Section 2.1 Rights .................................................................................................................................................. 7 Section 2.2 Purpose ................................................................................................................................................ 8 Section 2.3 Emergencies ........................................................................................................................................ 8 ARTICLE III NO STRIKE ............................................................................................................................................. 8 Section 3.1 No Job Action Commitment ................................................................................................................ 8 Section 3.2 Notification ......................................................................................................................................... 8 Section 3.3 Discipline ............................................................................................................................................ 8 Section 3.4 Injunction ............................................................................................................................................ 8 ARTICLE IV NON-DISCRIMINATION ...................................................................................................................... 9 Section 4.1 Discrimination Prohibited ................................................................................................................... 9 Section 4.2 Association Membership or Activity ................................................................................................. 9 Section 4.3 Association Fair Representation ........................................................................................................ 9 Section 4.4 Grievances ........................................................................................................................................... 9 Section 4.5 Use of Masculine Pronoun ................................................................................................................... 9 ARTICLE V DUES DEDUCTION ............................................................................................................................... 9 Section 5.1 Dues Deduction .................................................................................................................................. 9 Section 5.2 Indemnification ................................................................................................................................... 9 ARTICLE VI WAGES AND HOURS OF WORK ......................................................................................................10 Section 6.1 Employee Time Record .....................................................................................................................10 Section 6.2 Work Hours .......................................................................................................................................10 Section 6.3 Call Out Time / Training Time ..........................................................................................................11 Section 6.4 Overtime Eligibility ..........................................................................................................................11 Section 6.5 Wages ................................................................................................................................................12 Section 6.6 Salary Step Increases .........................................................................................................................12 Section 6.7 Shift Exchanges .................................................................................................................................12 Section 6.8 Time Due ..........................................................................................................................................12 Section 6.9 Specialty Positions ............................................................................................................................12 Section 6.10 Training Days ...................................................................................................................................13 Section 6.11 Part Time Employees ........................................................................................................................13 Section 6.12 Firearms Incentive .............................................................................................................................14 Section 6.13 Education ..........................................................................................................................................14 Section 6.14 Fitness Bonus ..................................................................................................................................14 Section 6.15 Longevity .........................................................................................................................................14 ARTICLE VII PERMANENT SHIFTS.......................................................................................................................15 Section 7.1 Permanent Shifts...............................................................................................................................15 Section 7.2 Established Specialty Needs ..............................................................................................................16 Section 7.3 Annual Bidding .................................................................................................................................16 Section 7.4 Temporary Re-assignment ...............................................................................................................16 Section 7.5 Field Training Officer (FTO) ............................................................................................................16 Section 7.6 Emergency Re-assignment ...............................................................................................................16 Section 7.7 Re-assignment To Patrol Division .....................................................................................................16 Section 7.8 Patrol Sergeants .................................................................................................................................17 Section 7.9 Administrative Sergeants ..................................................................................................................17 Section 7.10 Probationary Officers ......................................................................................................................17 ARTICLE VIII EMPLOYEE IN CHARGE ...............................................................................................................17 Section 8.1 Working Out of Classification ...........................................................................................................17 Section 8.2 Officer In Charge (OIC) Defined.....................................................................................................18 Section 8.3 Light Duty Sergeant ..........................................................................................................................18 ARTICLE IX VACATIONS ........................................................................................................................................18 Section 9.1 Entitlements ......................................................................................................................................18 Section 9.2 Vacation In Which a Holiday Falls ...................................................................................................19 Section 9.3 Vacation Fiscal Year .........................................................................................................................19 Section 9.4 Vacation Scheduling .........................................................................................................................19 Section 9.5 Vacation Pay .....................................................................................................................................20 ARTICLE X HOLIDAYS ............................................................................................................................................20 Section 10.1 Designated Holidays .....................................................................................................................20 Section 10.2 Utilization .....................................................................................................................................21 Section 10.3 Holidays Worked (Premium Pay) ................................................................................................21 ARTICLE XI UNIFORM ALLOWANCE ..................................................................................................................21 Section 11.1 Patrol Officer Uniform Allowance ....................................................................................................21 Section 11.2 Sergeant Uniform Allowance ..........................................................................................................21 Section 11.3 Promotion to Sergeant .....................................................................................................................21 Section 11.4 Changes To Uniform ........................................................................................................................22 ARTICLE XII INSURANCE COVERAGE ..................................................................................................................22 Section 12.1 Existing Coverage .........................................................................................................................22 Section 12.2 The Chapter May Propose .............................................................................................................22 Section 12.3 Employee Contribution .................................................................................................................22 Section 12.4 Insurance Deductibles ...................................................................................................................22 Section 12.5 Prescription Drug Co-Pay .............................................................................................................22 Section 12.6 High Cost Plan Excise Tax ..........................................................................................................23 Section 12.7 Retirement Insurance ....................................................................................................................23 ARTICLE XIII SENIORITY .......................................................................................................................................23 Section 13.1 Definition of Seniority..................................................................................................................23 Section 13.2 Vacation Scheduling .....................................................................................................................23 Section 13.3 Seniority List .................................................................................................................................23 Section 13.4 Termination of Seniority ..............................................................................................................24 Section 13.5 Accrual of Seniority ......................................................................................................................24 Section 13.6 Layoff ............................................................................................................................................24 ARTICLE XIV SICK LEAVE......................................................................................................................................24 Section 14.1 Sick Leave .....................................................................................................................................24 Section 14.2 Definitions .....................................................................................................................................24 Section 14.3 Authorized Use of Sick Leave .......................................................................................................25 Section 14.4 General ..........................................................................................................................................25 Section 14.5 Funeral Leave ................................................................................................................................26 Section 14.6 Short-Term Personal Leave of Absence .......................................................................................27 Section 14.7 Jury Duty Leave .............................................................................................................................27 Section 14.8 Military Service Leave ..................................................................................................................27 Section 14.9 New Born Leave ............................................................................................................................27 Section 14.10 Family Medical Leave Act ............................................................................................................27 Section 14.11 Victims Economic Security and Safety Act (VESSA) ..................................................................27 ARTICLE XV UNION LEAVE ...................................................................................................................................27 Section 15.1 Chapter Negotiating Team ............................................................................................................28 ARTICLE XVI SAFETY ..............................................................................................................................................28 Section 16.1 Compliance With Laws .................................................................................................................28 Section 16.2 Unsafe Conditions .........................................................................................................................28 Section 16.3 Safety Matters of General Concern ...............................................................................................28 ARTICLE XVII GENERAL PROVISIONS ................................................................................................................28 Section 17.1 Visitation .......................................................................................................................................28 Section 17.2 Time Sheets...................................................................................................................................28 Section 17.3 Eve Protection ...............................................................................................................................29 Section 17.4 Immunization ................................................................................................................................29 Section 17.5 Death In the Line of Duty ..............................................................................................................29 Section 17.6 Telephone ......................................................................................................................................29 Section 17.7 Tuition Reimbursement and Seminar Program ...........................................................................29 Section 17.8 Subpoena Stipends ........................................................................................................................30 Section 17.9 Residency ......................................................................................................................................30 ARTICLE XVIII BULLETIN BOARDS .....................................................................................................................30 ARTICLE XIX FILE INSPECTION ...........................................................................................................................30 Section 19.1 File Inspection ...............................................................................................................................30 Section 19.2 Use of Discretionary Action ..........................................................................................................30 ARTICLE XX IMPASSE RESOLUTION OF COLLECTIVE BARGAINING ISSUES ........................................30 Section 20.1 Mediation ......................................................................................................................................30 Section 20.2 Arbitration of Unresolved Collective Bargaining Issues ............................................................31 ARTICLE XXI LABOR- MANAGEMENT CONFERENCES .................................................................................32 Section 21.1 Meeting .........................................................................................................................................32 Section 21.2 Grievances .....................................................................................................................................32 Section 21.3 Attendance ....................................................................................................................................33 ARTICLE XXII GRIEVANCE AND ARBITRATION .............................................................................................33 Section 22.1 Grievance Procedure ........................................................................................................................33 Section 22.2 Fire and Police Commission .............................................................................................................35 ARTICLE XXIII BILL OF RIGHTS ............................................................................................................................35 Section 23.1 Jurisdiction ........................................................................................................................................35 Section 23.2 Privacy ..............................................................................................................................................36 Section 23.3 Investigations ....................................................................................................................................36 Section 23.4 Photo Dissemination .........................................................................................................................36 Section 23.5 Statement of Village Policy ...............................................................................................................36 Section 23.6 Prohibitions .......................................................................................................................................37 Section 23.7 Order to Submit to Testing ................................................................................................................37 Section 23.8 Tests to be Conducted .......................................................................................................................37 Section 23.9 Right to Contest .................................................................................................................................38 Section 23.10 Voluntary Request for Assistance ....................................................................................................39 Section 23.11 Discipline ..........................................................................................................................................39 ARTICLE XXIV INDEMNIFICATION ......................................................................................................................40 Section 24.1 Village Responsibility .......................................................................................................................40 Section 24.2 Legal Representation.........................................................................................................................40 Section 24.3 Cooperation .......................................................................................................................................40 Section 24.4 Applicability .....................................................................................................................................40 ARTICLE XXV ENTIRE AGREEMENT .....................................................................................................................40 Section 25.1 Entire agreement ...............................................................................................................................40 ARTICLE XXVI SAVINGS CLAUSE .......................................................................................................................40 Section 26.1 Savings Clause ..................................................................................................................................40 Section 26.2 Fire and Police Commission Authority and Powers .......................................................................41 ARTICLE XXVII TERM OF AGREEMENT ............................................................................................................41 Section 27.1 Term of Agreement ............................................................................................................................41 APPENDIX A ...........................................................................................................................................43 APPENDIX B ........................................................................................................44 APPENDIX C ........................................................................45 PREAMBLE This AGREEMENT made and entered into this 1st day of May 2021, in the Village of ALSIP, (hereinafter referred to as the "Village") and the METROPOLITAN ALLIANCE OF POLICE ALSIP CHAPTER #669 (hereinafter referred to as the "Chapter"). IN WITNESS THEREOF; WHEREAS, the Village has endorsed the practices and procedures of collective negotiations as a fair and orderly way of conducting its relations with its full-time employees insofar as such practices and procedures are appropriate to functions and obligations of the Village to retain the right to operate the Village government effectively in a responsible and efficient manner; and WHEREAS, it is the intent and purpose of the parties to set forth herein their Agreement covering rates of pay, wages, hours of employment, and other conditions of employment; to increase the efficiency and productivity of employees in the Police Department and to provide for prompt and fair settlement of grievances without interruption of or other interference with the operation of the Police Department. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually covenant and agree that; Both parties mutually agree that their objective is for the good and welfare of the Village and Chapter members alike. All parties further agree that in the interest of collective bargaining and harmonious relations they will at all times abide by the terms and conditions as hereinafter set forth and agreed upon. The Village and Chapter regard all Personnel as public employees who are to be governed by ideals of honor; integrity; and efficient, continuous and courteous service in all public conduct so as to merit the trust and confidence of the general public and fellow employees. ARTICLE I RECOGNITION Section 1.1 Unit The Village hereby recognizes the Chapter as the collective bargaining representative for matters relating to wages, hours and all other terms and conditions of employment of all persons in the bargaining unit as follows: All persons employed full-time by the Village of Alsip in the following sworn rank: Sergeant and Patrol Officer; but excluding all sworn peace officers above the rank of sergeant, and all other management, supervisory, confidential and professional employees as defined in the Illinois Public Labor Relations Act (Case No. S-RC-12-071. This Recognition Article is not intended to prevent Sergeants from performing additional responsibilities exclusive to the rank of Sergeant and above such as conducting investigations of a sworn officer's performance, citizens' complaints about the department personnel performance, auto accidents involving village vehicles, use of force, exercise of discipline and recommendations of discipline, 6 performance evaluation of sworn officers; responsible for the first step in the grievance procedures, attendance at staff meetings, training of department personnel, direction of patrolmen, and administrative responsibilities. All are matters within the sole discretion of the Village and not subject to collective bargaining or arbitration. ARTICLE II MANAGEMENT RIGHTS Section 2.1 Rights It is understood and agreed that the Village possesses the sole right and authority to operate and direct the Police Department employees of the Village including all rights and authority exercised by the Village prior to the execution of this Agreement, except as explicitly modified by specific provisions of this Agreement. These rights include, but are not limited to: a) The right to determine its mission, policies, procedures and to set forth the. standards of service offered to the public. b) To plan, direct, control and determine the operations or services to be conducted by employees of the Village, including assignments, deployment, shift manning, zone determinations and authorized strength; c) To determine the methods, means, number of personnel needed to carry out the departments' mission and to assign overtime; d) To direct the working forces and determine position responsibilities and organizational Structure of the Police Department. e) To the extent permitted by law, to hire and assign or transfer employees within. the department to other police related functions; f) To the extent permitted by law, promote, suspend, discipline or discharge for just cause Gust cause means a preponderance of facts leading one to believe reasonable cause exists and does not mean "cause beyond a reasonable doubt" even where misconduct may involve an arguable violation of an ordinance or statute); g) To lay off or relieve employees due to lack of work or funds; h) To make, amend, publish and enforce rules of conduct and safety or regulations; i) To introduce. new or improved methods, equipment or facilities; j) To contract out for goods and services, but not for the purpose to effect the layoff of unit personnel; k) To prescribe visible uniforms and appearance standards of all unit personnel; l) To determine reasonable standards for training and satisfactory completion standards requirements for all unit personnel; m) To determine the equipment to be used by unit personnel and to determine the reasonable standards of proficiency in the use of such assigned equipment; n) To establish, implement and maintain an effective internal affairs control program; o) To evaluate performance of all personnel; p) Where there exists reasonable cause based upon behavior, accidents, patterns of absence or tardiness or other symptoms. Unit personnel may be required to submit to immediate confirmed testing (including blood testing) for chemical or alcohol abuse under strict specimen security procedures. 7 Section 2.2 Purpose The Mayor, or Mayor Pro-Tern and the Board of Trustees have the sole authority to determine the purpose and mission of the Village and the overall Village budget to be adopted thereto and authorized manpower for the Police Department. Section 2.3 Emergencies If in the discretion of the President (Mayor) of the Board of Trustees, or in his absence, the Mayor Pro-Tern, it is determined that extreme civil disorders, tornado conditions, floods, or other similar catastrophes, the provisions of this Agreement may be suspended by the President of the Board of Trustees, or in his absence, the Mayor Pro-Tern; during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Should an emergency arise, the President of the Board of Trustees, or in his absence, the Mayor Pro-Tern, shall advise the President of the Chapter or the next highest officer of the Chapter of the nature of the emergency The President of the Board of Trustees shall follow up said advice in writing as soon thereafter as practicable and-shall forward said written notice to the President of the Chapter. ARTICLE III NO STRIKE Section 3.1 No Job Action Commitment Neither the Chapter, nor any member of the Bargaining Unit, will advocate, endorse, support, condone, call for, initiate, authorize, participate in, sanctions, encourage, or ratify any work stoppage, slowdown, job action, "Blue flu", picketing, strike, sympathy strike or interference with the full, complete, faithful and proper performance of the duties and responsibilities of employment with the Village during the term of this Agreement. As provided in Article XXI for the resolution of disputes, each and every bargaining unit member, individually and as a unit agrees to resolve grievances as provided for in this Agreement. Section 3.2 Notification The Village and Chapter agree to notify all Local Officers and Representatives of their obligations and responsibilities for maintaining compliance with this Article, including their responsibility to remain at work during any interruption which may be caused or initiated by others and to encourage employees violating Section 3.1 to return to work. Section 3.3 Discipline The Village may discipline to the extent allowed by law any employee who fails to carry out his responsibilities under Section 3.1 and the Chapter will not resort to the Grievance Procedure on such employee's behalf except for question of non-participation which is for the Chapter to prove. Section 3.4 Injunction Nothing contained herein shall preclude the Village from obtaining judicial restraint and damages in the event of a violation of this Article. 8 ARTICLE IV NON-DISCRIMINATION Section 4.1 Discrimination Prohibited Neither the Village nor The Chapter shall discriminate against nor engage in, harassment of any employee covered by this Agreement in a manner which would violate any applicable laws because of race, creed; color, national origin, age or sex; the purpose is to afford each employee the rights provided by law and no more. Section 4.2 Association Membership or Activity Neither the Village nor the Chapter shall interfere with the right of employees covered by this Agreement to become or not become members of the Chapter, and there shall be no discrimination against any such employees because of lawful Chapter membership or non-membership activity or status. Section 4.3 Association Fair Representation The Chapter recognizes its responsibilities as bargaining agents and agrees fairly to represent all employees in the bargaining unit. Section 4.4 Grievances Employees are encouraged to resolve disputes arising under this Article through the Grievance Procedures available. Section 4.5 Use of Masculine Pronoun The use of the masculine pronoun in this or any other document is understood to be for clerical convenience only, and it is further understood that the masculine pronoun includes the feminine pronoun as well. ARTICLE V DUES DEDUCTION Section 5.1 Dues Deduction Upon receipt of a written and signed authorization the Employer shall deduct from the paychecks of employees the amount of the Chapter dues and initiation fee, if any, set in such form and any authorized increase therein, and any other authorized deductions, and shall remit such deductions monthly to the Chapter at the address designated by the Chapter in accordance with the laws of the State of Illinois. The Chapter shall deduct the amount of Chapter dues and remit the balance to the Chapter. The Chapter shall advise the Village of any increase in dues, in writing, at least thirty (30) days prior to its effective date. Section 5.2 Indemnification The Chapter shall indemnify the Village and hold it harmless against any and all claims, demands, suits or other forms of liability, including attorneys' fees that may arise out of or by reason of, any action taken by the Village for the purpose of complying with the provisions of this Article, except where the Village initiates or prosecutes such action. 9 ARTICLE VI WAGES AND HOURS OF WORK Section 6.1 Employee Time Record Each employee must accurately record time worked on the employee time record form as required by Departmental regulations. Anyone who knowingly falsifies a record of hours shall be subject to discipline. Section 6.2 Work Hours A. 12 hour Deployment The tour of duty is based upon twelve (12) hour shifts, i.e., the Pitman model (employees shall alternately have every other F-S-S off) at 2080 hours yearly. Hours in excess of the normal scheduled hours in a 28 day period will be paid at 1.5 times the normal hourly rate. Pay periods will be based on hourly rate times 2080 hours divided by 26 equal pay periods. Sworn personnel shall have their annual salary based upon hourly rate, times 2080 hours, during the last two (2) pay periods before retirement. The Patrol Division will consist of two (2) platoons (A, B), two (2) squads per platoon (1,2). Squads Al and B1 will work 0600 to 1800. Squads A2 and B2 will work 1800 to 0600. The maximum patrol tour of duty bargaining unit members can work, consecutively, is sixteen (16) hours, exclusive of report writing and/or other administrative duties at the end of the shift. B. NON-12-hour Deployment All other Bargaining Unit members are on an eight hour day (5-on, 2-off) forty hour work week (2080 hours annually). Hours in excess of 40 hours per week will be paid at 1.5 times the normal hourly rate. C. Court Time Court time which is not during an officer's regular duty hours will be guaranteed to be not less than three hours per occurrence and will be computed as hours worked and paid as per Section 6.2 subsection (A). There shall be no pyramiding of overtime where court time overlaps with regular duty hours. D. Court Time Days st All sworn employees, effective May 1 of each year are to be credited with two (2) court time days off per year. Employees with 16 years of service or more may elect to use these Court Time days as vacation days but must declare this option at the time of vacation selection. In no event will unused Court Time days be carried over from year to year without prior approval of the Village. The Court Time days for officers working a twelve (12) hour shift will be converted to sixteen (16) hours. E. Time Due (Compensation Time) Police officer and Sergeants may elect to take overtime payments as time due not to exceed 480 hours of accumulation. Time Due shall not be utilized in less than one (1) hour increments. Time 10 Due must be used within five (5) years of its earning or be paid. F. Kelly Time Officers assigned to a twelve (12) hour schedule will be credited one hundred and four (104) hours of Kelly Time in a separate time bank at the beginning of the fiscal year. Kelly Time can be utilized in no less than one (1) hour increments and cannot create overtime. If an employee has utilized Kelly Time in advance that was subsequently not earned, the employee must pay back the time with the use of other benefit time. If no benefit time exists to pay back the differential, the employee agrees that his/her pay shall be docked in an amount equivalent to the amount of Kelly Time hours used but not earned. Section 6.3 Call Out Time / Training Time A minimum of three (3) hours will be paid for call outs. A. Call Out Exists when an off-duty employee is called, asked, ordered or directed to return to duty, without prior notice, and performs his normal duty functions or assigned specialty functions. (For the purposes of this agreement call-out shall be deemed applicable whenever an employee is to return to duty after he has officially left work by the process of signing or punching out without being advised that overtime is required.) B. Training Exists when an off-duty employee is directed to report, with or without prior notice, for the purpose of training or instructions either in a group or individually, or to attend meetings or other department functions. C. No Pyramiding Rule Any employee who is currently on duty or is scheduled to be on duty and is kept on duty past his normal duty hours, or starts his duty time early (even those covered by call-out, training and court compensation or for administrative purposes) shall receive overtime as an extension of their shift. Section 6.4 Overtime Eligibility For purposes of determining overtime eligibility the following guidelines apply: A. Holidays When the employee is not scheduled to work a holiday the hours paid, but not worked, will be counted when determining overtime eligibility. This does not include the half year payout for holiday pay. B. Time Off Without Pay Any time taken off without pay will not be counted toward overtime eligibility. In order to clarify the application of this section, all holiday pay will be received in the same time period as overtime pay. Holiday pay will be computed after completion of the 28 day overtime/work period. This is necessary because under the circumstances as indicated in paragraph B (above) of Article VI, Section 5 of the contract, holiday pay must be added when determining overtime eligibility (straight time vs 1-1/2 time rate). 11 C. Hours Worked All compensated hours shall count towards hours worked, however, use of sick time, other than for FMLA, VESSA or IFMLA and/or newborn leave, shall not count towards hours worked for purposes of calculating overtime. Section 6.5 Wages Wages for all employees (sergeants and patrol officers) shall be retroactive to May 1, 2021 and shall be more fully set forth in Appendix A herein. All employees who are members of this Chapter after May 1, 2021 shall be entitled to retroactive pay so long as they were not terminated for cause prior to the negotiated settlement or arbitrated award of the terms and conditions of this contract. However, notwithstanding the above status quo language, for purposes of the 5.1.21-4.30.25 CBA only, on a one-time non-precedential basis, retroactive pay on all hours worked shall be paid out to all bargaining unit members who are employed by the Village as of the date of ratification of this Agreement by both parties, or who have retired in good standing / awarded a disability pension benefit after May 1, 2021. Section 6.6 Salary Step Increases All salary step increases will be effective on the first day of the pay period following the actual date of eligibility. Section 6.7 Shift Exchanges A. Bargaining unit members have the right, under the Fair Labor Standards Act, to exchange shifts when the change does not interfere with the operation of the department. B. A switch will not be canceled because the member who was scheduled to work the shift calls in sick. C. Shift exchanges of three consecutive work days or less must have the documented approval of the two (2) supervisors of the affected shifts. Shift exchanges over three (3) consecutive workdays require written approval by the Chief of Police. Section 6.8 Time Due Pursuant to the FLSA, use of compensatory time shall not be denied unless it unduly disrupts the operations of the Department ("unduly disrupts" is not defined as the mere inconvenience of replacement). Once a request for use of compensatory time has been approved by the appropriate supervisor, such approval shall not be rescinded absent emergency circumstances. Section 6.9 Specialty Positions Employees holding certification or assigned to any specialty shall be compensated in accordance with the below schedule limited to the number of personnel listed. New assignments or available certification classes relating to the below specialties shall be posted for volunteers and employees shall submit their resume. Assignments by the Chief of Police on a yearly basis shall be based on; seniority, 2) experience, 3) qualifications and 4) ability. Any employee who holds or obtains certification in these specialties but is not assigned to the specialty shall receive an additional one-dollar ($1.00) per hour for each hour the Employer utilizes said employee in that capacity. Hourly rate payable for all hours worked. 12 - SPECIALTY MAXIMUM AMOUNT Investigator / Juvenile Officer / Tactical 5 1.75 per hour Officer Field Training Officer (FTO) 5 .75 per hour Evidence Technician (ET) 7 .75 per hour Weapons and Tactics Officer 6 .75 per hour Crime Prevention Officer 1 .75 per hour Crisis Intervention 6 1.00 per hour Breathalyzer 5 .50 per hour Canine Officer 1 .75 per hour Admin Sgt/Evid. Custodian 2 .50 per hour Accident Investigator 2 .75 per hour Truck Enforcement 2 .50 per hour Section 6.10 Training Days A. The union will allow forty (40) training hours with thirty (30) day notice if worked schedules are to be changed, except that such training days shall not be scheduled on days when the employee has prescheduled approved leave or sick time or on a regularly scheduled days off which are adjacent to a vacation. B. For training that does not start and end concurrent with an employee's shift schedule, employees shall report for duty at their assigned time and return to duty for the remainder of a regularly scheduled shift unless utilizing other available benefit time off. For clarification of this section, an employee shall work or provide benefit time off for their regularly scheduled 8 or 12 hour shift. Section 6.11 Part Time Employees A. Community Service Officers The parties agree that the employer will be permitted to hire up to six (6) part time Community Service Officers (CSO). Such officers' duties shall be restricted to those specified in their job description as of the date of ratification of this agreement. If overtime work is available and can be performed by both a part time CSO and a full-time employee, then all full-time employees able to do such work shall first be offered the work before it is assigned to a part time employee. B. Part-Time Police Officers 1. There may not be, at any time, more than (4) four part-time certified officers hired and employed by the Village of Alsip at any one time. 2. Part-Time Officers shall be permitted to serve in a primary role for the following functions: traffic crashes, traffic enforcement, community policing, prisoner related duties and support services. All other duties shall be performed in a secondary role pursuant to supervisor discretion. 3. Part-Time Officers will not result in any layoffs or reduction of work hours or overtime hours of bargaining unit members. 4. Part-Time Officers will not count towards minimum manpower. 5. The Village will not assign a part-time officer to a specialty position, nor have them 13 perform a specialty as described in Section 6.9. 6. Part-Time Officers will not be eligible for attaining rank within the Police Department. Additionally, no Full-Time Officer shall be subordinate to any Part-Time Officer at any time, regardless of assignment or seniority. 7. The parties agree, in addition to the above, to apply the follow 65 ILCS 5/3.1-30-21. 8. There shall be no auxiliary police officers pursuant to 65 ILCS 5/3.1-30-20. Section 6.12 Firearms Incentive As outlined in our Firearms Procedure 4.024, a shooting proficiency medal and bonus would be awarded to officers who qualified in the following categories, annually as determined by the Departments Firearms Training Officer. CLASSIFICATION SCORE AMOUNT Expert 92-100 $300.00 Sharpshooter 84-91 $200.00 Marksman 75-83 $100.00 The bonus would be paid as each officer qualifies in the above categories; said bonus would be paid on the last check in November of each year. This bonus shall not be calculated as part of the hourly rate and shall not be included as part of annual earnings for purposes of calculating the pension. Section 6.13 Education The Village agrees to pay a pensionable annual stipend of $500.00 for any bargaining unit member 975.00 for any bargaining unit member who possesses a Section 6.14 Fitness Bonus Each bargaining unit member, who passes the P.O.W.E.R. test as set forth by the Illinois Law Enforcement Training & Standards Board, shall receive a $350.00 bonus. This bonus would be stth paid as each officer who passes the P.O.W.E.R. test between May 1 and September 30 and the bonus would be paid on the last check in November of each year. This bonus shall not be calculated as part of the hourly rate and shall not be included as part of annual earnings for purposes of calculating the pension. The officer taking the test is responsible for the payment of any testing fee. Upon completion of the P.O.W.E.R. test a copy of the P.O.W.E.R. card shall be Section 6.15 Longevity A. The department will pay a longevity wage to members who have reached at least ten (10) years of service. Longevity pay shall be included in the member's salary and factored into the hourly wage. B. Patrol Officers who have between 10 years and 15 years of service shall be paid an additional 1% on top of the 61 months and up time in grade step. Patrol Officers who have between 15 and 20 years of service shall be paid an additional 1.25% on top of the 61 months and up time in grade step. Patrol Officers who have between 20 and 25 years of service shall be paid an 14 additional 1.5% on top of the 61 months and up time in grade step. Patrol Officers who have 25 years or more of service shall be paid an additional 1.75% on top of the 61 months and up time in grade step. C. Sergeants who have between 10 years and 15 years of service shall be paid an additional 1% on top of their appropriate time in grade step. Sergeants who have between 15 years and 20 years of service shall be paid an additional 1.25% on top of their appropriate time in grade step. Sergeants who have between 20 years and 25 years of service shall be paid an additional 1.5% on top of their appropriate time in grade step. Sergeants who have 25 years or more of service shall be paid an additional 1.75% on top of their appropriate time in grade step. D. Employee Longevity Salary Program Any sworn Police Officer at age fifty (50) years or greater, and with at least twenty (20) years or more of full time service is eligible and shall participate in the program on a one-time, non-repetitive basis during the period when both age and service time are achieved. Effective in the two (2) pay periods immediately following eligibility (defined as the attainment of age (50) years or greater and attainment of at least (20) years of service) the Officer will receive an additional increase of twenty-five percent (25%) of his/her base salary. These payments shall not be applied to increase the Officer's annualized salary by 25% for pension purposes. ARTICLE VII PERMANENT SHIFTS Section 7.1 Permanent Shifts Officers in the patrol division shall work permanent shifts, pursuant to the following process: A. Straight Seniority Bids After the annual manpower allocation meeting in January of each year, the Employer will post a schedule showing the manpower allocation to each shift and the specialty requirements. Each officer will pick his/her squad based on departmental seniority, beginning with Sergeants and then Patrolmen. To ensure a straight seniority bid, shift selections shall be posted for all officers · to review throughout the bidding process. If the established specialty requirements are met by this bidding process, the officers will then proceed to select vacations. B. Adjustment for Specialty Needs If the established needs are not met by the seniority bidding process, the Employer shall meet those specialty needs as follows: (i) The Employer will solicit volunteers to meet the specialty need; (ii) Absent sufficient volunteers, the officer with the least seniority on the shift or squad that has the specialty need who does not possess the specialty or fulfill any other specialty requirement, will be replaced by an officer possessing the required specialty. The officer with the required specialty will be selected by asking the senior officer possessing the specialty if he or she desire the assignment, and so forth in order of seniority, until such time as the specialty need is met. If no officer volunteers 15 to fill the specialty need, the officer with the least seniority posses (iii) sing the specialty will be assigned to fill the specialty need. The officer who is bumped from that shift or squad will be afforded the opportunity to re-bid one of the remaining shifts or squads as his or her seniority allows. This bumping process will continue until all seniority and specialty needs are resolved. (iv) Subsection ii will only be enacted if the maximum specialty position assignments for the specialty position, in accordance with Section 6.10, is obtained. Reassignment to specific squads will only pertain to those specialties with a minimum of four (4) paid specialty positions. Section 7.2 Established Specialty Needs Evidence Technicians (ET's) receiving the additional salary increases, pursuant to this Labor Agreement, shall be required to be "on-call" on a rotating basis. There shall be one (1) ET "on- call", 24-hours a day. ET's shall rotate "on-call" every week (7-days) and shall be required to respond to any call from the police department. Employees "on-call" may switch with each other's call or are otherwise responsible for their own replacement. Section 7.3 Annual Bidding The bidding process shall be completed by the end of February of each year. Section 7.4 Temporary Re-assignment Temporary re-assignments to another shift may be necessary under certain circumstances (i.e. to cover an injury, extended sick leave, disability leave, or tactical situations). These temporary re- assignments shall not take effect until the particular circumstances is in existence for more than seven (7) calendar days. The Employer first shall attempt to seek a volunteer from all employees. If no officer volunteers, the Employer shall assign the least senior employee from the shift that would cause the least disruption. This employee shall be given the temporary re- assignment until such time as the particular circumstance no longer exists at which time the employee shall be returned to his previous shift assignment. Section 7.5 Field Training Officer (FTO) Temporary assignments may be made to assign a Field Training Officer to a particular shift in order to conduct training of a probationary officer. If there are no volunteers from the shift to which the FTO is temporarily reassigned, the least senior officer from that shift will be temporarily reassigned to the shift to which the FTO was originally assigned. Section 7.6 Emergency Re-assignment In the event of an emergency, officers may be re-assigned as determined by the Employer. Upon termination of the emergency, officers will be returned to their assigned shift. Section 7.7 Re-assignment To Patrol Division If an officer returns to the Patrol Division after the shifts have been set that officer will fill the slot of the officer who left the Patrol Division until the next years' pick. If the assignment is 16 to a new position, the officer will be assigned a slot based on the department manpower needs. Section 7.8 Patrol Sergeants There shall be one (1) permanent Sergeant position on each squad Al, A2, B1, B2, with selection made by seniority in rank. Any Sergeant may rotate shifts, provided said Sergeant is able to obtain one (1) or two (2) other Sergeants on a volunteer basis and agreed upon specified time frame to rotate. Sergeants may exchange shifts for three (3) or less work days with the approval of their immediate supervisor. Shift exchanges over three (3) consecutive work days require approval of the Chief of Police. Section 7.9 Administrative Sergeants a) There shall be two (2) permanent Sergeants designated as Administrative Sergeants. The Administrative Sergeants will work an eight (8) hour shift, 5 days on / 2 days off schedule. b) One (1) 1 Administrative Sergeant will be assigned to the Investigations Unit. The Sergeant will be assigned to work Monday through Friday with Saturday and Sunday off. The Sergeant work hours will be 1400 hours until 2200 hours. The Sergeant will be selected annually by the Chief of Police prior to the shift bid process outlined in Article VII. The Chief of Police will select from interested Sergeants based on qualifications for the assignment, which will be posted prior to the annual shift bid. Should no Sergeant volunteer for this assignment, then the selection shall default as part of the regular Sergeant shift bid process. c) One (1) Administrative Sergeant will be assigned to the Support Services Unit. The Sergeant will be assigned to work Monday through Friday with Saturday and Sunday off. The Sergeant work hours will be 1000 hours until 1800 hours. The Sergeant will be chosen annually by seniority as part of the shift bid process outlined in Article VII. d) Administrative Sergeants may work up to eight (8) Saturdays per year at management's discretion. In turn, the Sergeant shall select one (1) work day during that work period to take off in exchange for the Saturday worked. Section 7.10 Probationary Officers Employees shall be subject to shift assignment by the Department for training purposes during their probationary period. Training shall include acclamation in all units of the Police Department. These assignments are at the sole discretion of the Chief of Police, or designee, but shall not be made for the purpose of avoiding overtime or adjusting staffing levels. Any employee who is not on probation shall not be involuntarily transferred to another shift to accommodate training of a probationary employee. ARTICLE VIII EMPLOYEE IN CHARGE Section 8.1 Working Out of Classification Any bargaining unit member officer who is regularly scheduled as a vacation substitute due to a disability leave of another employee, to work in a position or rank senior to that which he normally holds, shall be paid at the rate for the senior position or rank while so acting. This section does not apply to the OIC practice for scheduled days off as outlined in Section 8.2 herein. 17 When any bargaining unit member (an officer) is required to assume the duties and responsibilities of a rank higher than that which he or she normally holds for any accumulated total of at least six (6) months in any fiscal year, he or she shall be paid the rate for the higher rank for his vacation period with any necessary adjustments to be made at the end of the fiscal year. Section 8.2 Officer In Charge (OIC) Defined An officer who is assigned by the Chief of Police, or his designee, to hold a position of a rank higher than which he normally holds in any work unit of the department, shall be compensated at the rate of one hour straight time pay for each occasion worked. OIC assignment and pay for a period of less than four (4) hours must be authorized by a Lieutenant or higher ranking officer. The use of the OIC concept allows supervisory personnel flexibility in utilization of vacation scheduling and other time off. The OIC position for each applicable work unit will be in accordance to the Alsip Police Department Manual of Rules and Regulations, Chapter 20, Section 22.4. Section 8.3 Light Duty Sergeant An OIC will be present for each shift where a light duty sergeant is on duty but no full duty sergeant is present. Shifts where a light duty sergeant is present but no OIC is scheduled to be present on that shift, the regular process will be followed wherein full-duty sergeants will be offered the shift. If no full duty sergeant volunteers for this assignment, then the assignment will be offered to an OIC. If no OIC volunteers to cover the shift, then a full-duty" sergeant will be assigned the shift pursuant to the normal vacant shift assignment process. The terms of this section shall only apply to situations where a sergeant is on light duty capacity due to injury or illness. ARTICLE IX VACATIONS Section 9.1 Entitlements Vacation credit shall be earned each month and accrued in accordance with the current payroll system. The amount of annual vacation earned shall be in accordance with the below schedule. SERVICE TIME VACATION TIME SERVICE TIME VACATION TIME th 0 through 1 year 6.66 hrs ea. month Start 15 year 160 hrs th Start 16 year 1 through 5 years 80 hrs 168 hrs thth th Start 6 through 10 120 hrs Start 17 year 176 hrs year thth Start 11 year Start 18 year 128 hrs 184 hrs thth Start 12 year 136 hrs Start 19 year 192 hrs th th Start 13 year Start 20 year 144 hrs 200 hrs th Start 14year 152 hrs 18 Section 9.2 Vacation In Which a Holiday Falls The scheduled holiday is used and the vacation day added to extend the vacation period or may be scheduled at another time as vacation earned. Section 9.3 Vacation Fiscal Year No vacation is to be carried over from fiscal year to fiscal year without the approval of the Village Board of Trustees upon recommendation of the Chief of Police. Any increases due an employee as a result of service time during any fiscal year shall be issued to and usable by the employee at the start of the fiscal year in addition to the employee's current entitlement. Section 9.4 Vacation Scheduling A. Selection of vacation will be by seniority in grade in the following work units: 1) Sergeants 2) Squad A1 3) Squad A2 4) Squad B1 5) Squad B2 6) Investigations 7) Administration B. No more than (1) person per work unit will select and be off for the same vacation period, If a more senior employee pre-picks a vacation day off, only one (1) less senior employee will be allowed to pre-pick the same (1) vacation day off, so long as they take the entire work week off. For the purposes of this section, one work week is defined as follows: 5/2 Schedule: Monday through Sunday 12hr Schedule: Either the two (2) or three (3) consecutive workdays C. Vacation selections not made within the time frame specified herein, limited to one (1) work week, shall be considered only on a first come first serve basis, subject to staffing requirements of the department and not taken in less than four (4) hour increments. For purposes of this section, one work week is defined as follows: 5/2 Schedule: 40 Hours 12hr Schedule: 36-44 Hours D. Changes in selected vacation periods for any other "EMERGENCY" must be requested in writing to the Chief of Police giving such information as may be required to substantiate the change and that an emergency condition does in fact exist. E. Vacations may be taken all at once or in increments. This is necessary for adequate manpower planning. 19 F. No floating holidays, holiday time, etc. will be added to vacations in order to lengthen the vacation time observance. Such additional days may be allowed depending on manpower if a request is submitted through the chain of command a reasonable time prior to the actual time off. No overtime is to be created by granting such additional time off in conjunction with vacations. G. Members of each work unit shall inform the Chiefs office of selected vacation dates on the following schedule prior to the start of the fiscal vacation year: PERSON NUMBER WEEK/MONTH 1st week of March 1st 2ndweek of March 2nd 3rd week of March 3rd 4th week of March 4th 1stweek of April 5th 2nd week of April 6th 3rdweek of April 7th Section 9.5 Vacation Pay Pay for vacation will be at the rate of pay in effect at the time the vacation time off is taken except as provided in Article VII, Working Out of Classification, above. Any unused vacation, limited to a maximum of one (1) work week shall be converted to time due on an hour by hour basis, which shall be treated as time due for all purposes under this agreement. However, the one (1) work week limit shall not apply if an employee is unable to take vacation time as a result of illness, disability, or when pre-picked days cannot be taken and subsequently rescheduled. This section shall not diminish any rights an employee may have under applicable state or federal law. For purposed of this section, one week maximum is defined as follows: 5/2 Schedule: 40 Hours 12hr Schedule: 44 Hours ARTICLE X HOLIDAYS Section 10.1 Designated Holidays a) The following shall be paid holidays for all eligible employees: New Years Day Labor Day Christmas Eve Day Memorial Day Thanksgiving Day Christmas Day Independence Day Day After Thanksgiving b) All employees covered by this Agreement will have, in addition to the above listed holidays, three (3) floating holidays for a total of eighty-eight (88) hours in each officer's individual holiday bank. 20 Section 10.2 Utilization All personnel are credited with the holidays, including floating holidays, listed in Section 1 above, on May 1 of each fiscal year. Personnel, with the approval of the Chief of Police, may schedule these holidays in advance of the actual Holiday. During each year of this agreement employees must use at least five (5) holidays by November 30th or be paid for the unused portion in the first pay period in December. Employees must use the remaining portion of unused holidays prior to April 30th or be paid for the unused portion in the first pay period of May. If an employee has observed a holiday in advance and resigns or is discharged from the Police Department, the amount (pay received or hours taken) will be deducted from the employees' final paycheck. Officers with twenty-(20) or more years of service shall receive pay for all holidays. Section 10.3 Holidays Worked (Premium Pay) In order to clarify the application of this section, premium pay (1.5 times the hourly rate) will be prorated based upon the time actually worked on the holiday. Accumulated time taken off will be deducted from the premium pay. This time shall be measured in fifteen (15) minute increments and will be rounded off to the nearest half-hour. ARTICLE XI UNIFORM ALLOWANCE Section 11.1 Patrol Officer Uniform Allowance Each employee of the rank of patrol officer of this chapter shall receive purchase orders or reimbursement of a $675.00 maximum per fiscal year. Purchases must be pre-approved by the Chief of Police or his designee and appropriate receipts must be provided. This practice shall not be considered a quartermaster system. The purchase orders or reimbursement may be used by covered officers for the purchase of any clothing or equipment that is utilized during the course of their employment to fulfill their duties and job descriptions. It will not include personal use items that can be used outside of employment (e.g. sunglasses or cell phones). Items damaged during performance of duty will be replaced with standard issued items when applicable. Section 11.2 Sergeant Uniform Allowance Each employee of the rank of Sergeant of this chapter shall receive purchase orders or reimbursement of a $725.00 maximum per fiscal year. Purchases must be pre-approved by the Chief of Police or his designee and appropriate receipts must be provided. This practice shall not be considered a quartermaster system. The purchase orders or reimbursement may be used by covered officers for the purchase of any clothing or equipment that is utilized during the course of their employment to fulfill their duties and job descriptions. It will not include personal use items that can be used outside of employment (e.g. sunglasses or cell phones). Items damaged during performance of duty will be replaced with standard issued items when applicable. Section 11.3 Promotion to Sergeant Upon promotion to Sergeant, if the employee's allowance is exhausted, the Employer will make up the uniform adjustment, up to $200.00. 21 Section 11.4 Changes To Uniform The employer agrees that any changes in uniform or equipment that are mandated by the employer shall be paid for by the employer and not the employee. ARTICLE XII INSURANCE COVERAGE Section 12.1 Existing Coverage The Village reserves the right to change insurance carriers, plans, benefit levels, deductibles, and coverage or to self insure as it deems appropriate provided the new basic coverage is substantially similar to that which existed prior to such changes. Section 12.2 The Chapter May Propose The Chapter may solicit substitute insurance proposals and the Village agrees to supply any and all information required to any bonafide bidder. Section 12.3 Employee Contribution Each employee shall contribute 15% of the total monthly insurance premium via payroll deductions. Section 12.4 Insurance Deductibles The Village's Health Reimbursement Arrangement Plan (HRA) shall have deductibles as follows: a. Single Coverage - $1,250 deductible. Annually, each employee electing single coverage is responsible for the first $600 of the deductible. Thereafter the Village will pay the remaining $650 of the deductible. b. Single+1 or Family Coverage - $1,250 x 2 ($2,500) deductible. Annually, each employee electing Single +1 or Family coverage is responsible for the first $600 x 2 ($1,200) of the deductible. Thereafter the Village will pay the remaining $650 x 2 ($1,300) of the deductible. The employee share of the deductibles under the HRA plan as stated above shall remain the same during the term of this Agreement. The Village may elect to increase the IMA plan deductibles during the term of this Agreement, provided that the Village reimburses the employees for any such increase. Section 12.5 Prescription Drug Co-Pay Qualifying Prescription(s) dispensed with generic drugs will have a co-pay of $15.00, mail order prescriptions shall have no co-pay. 1. Qualifying Prescriptions(s) when name brand is selected by employee is available will have a co-pay of $30.00, mail order prescriptions shall have a $10.00 co-pay. 2. All co-pays described in this section shall remain at the same level for the duration of this agreement. 22 3. Birth control drugs will be added as covered drugs Section 12.6 High Cost Plan Excise Tax Should the current Village plan be subject to the High Cost Plan Excise Tax, the parties agree to meet and discuss alternatives to the plan to avoid such tax penalty. If the implementation of the High Cost Plan Excise Tax has been delayed or repealed, this provision will not go into effect. This provision shall sunset on May 1, 2022. Section 12.7 Retirement Insurance Retirement Insurance for employees hired prior to April 19, 2016: The Village shall continue to provide payments for medical benefits for all covered employees who retire as well as the employee's spouse and dependents. Employees who are Tier 1 pension eligible may retire at or after age 50 with twenty (20) or more years of service. Employees who are Tier 2 pension eligible may retire at or after age 55 with twenty-five (25) or more years of service. The Village will continue to provide payments until age 65 or until Medicare eligible, pursuant to the contribution schedule set forth in Appendix B. Upon becoming Medicare eligible, the retired employee will pay 10% of the cost for supplemental insurance coverage. If a retiree elects to enroll in the Village's base medical insurance plan for Employee, Employee + spouse, Employee + child(ren), or family that coverage shall be deemed to be a vested benefit that cannot be removed as a result of future collective bargaining between the Village and the Union. The rates will be prescribed in Appendix B. Retirement Insurance for employees hired after April 18, 2016 as per Ordinance #2016-4-4, adopted on April 18, 2016. ARTICLE XIII SENIORITY Section 13.1 Definition of Seniority As used herein, the term "seniority" shall refer to and be defined as the continuous full time length of service of employees covered by this Agreement from the date of last hire. Section 13.2 Vacation Scheduling Personnel covered by this Agreement shall select the periods of their annual vacation on the basis of rank and then seniority within rank. Section 13.3 Seniority List The Employer shall prepare a list setting forth the present seniority dates for all bargaining unit members covered by this Agreement and shall become effective on or after the date of execution of this Agreement. Such list shall finally resolve all questions of seniority affecting bargaining unit members covered under this Agreement or employed at the time the Agreement becomes effective. Disputes as to seniority listing shall be resolved through the grievance procedure. 23 Section 13.4 Termination of Seniority An employee shall be terminated by the Village and his seniority broken when he: a) Resigns; b) Is discharged for just cause; c) Is laid off pursuant to the provisions of the applicable agreement for a period of twenty four (24) months; except as provided for sworn police officers in 1985, 65 ILCS 5/10- 2.1- 18. d) Accepts gainful employment without prior approval of the Chief of Police or Mayor while on an approved leave of absence (except an educational leave of absence) from the Police Department; or e) Is absent for three (3) consecutive scheduled work days without proper notification or authorization. f) When the employee becomes totally, permanently disabled as provided by law, so as not to be able to perform the full range of duties of his or her job whether or not the cause is work related or non-work related. In no event shall seniority of a sworn police officer be considered broken unless such is within the rules and regulations or decision of the Board of Fire and Police Commissioners. Section 13.5 Accrual of Seniority Employees will not continue to accrue seniority credit for any time spent on an authorized unpaid personal leave of absence or layoff except Military leave. Section 13.6 Layoff If for any reason it becomes necessary for the Village to reduce the personnel within the Police Department, the layoff provisions of 1985, 65 ILCS 5/10-2.1-18 will be followed. ARTICLE XIV SICK LEAVE Section 14.1 Sick Leave As set forth herein, the Village grants paid leave of absences due to illness or injury of a Unit Employee or immediate family. This leave is provided to regular full time Unit Employees to safeguard income during periods of non-work related illness, injury or disability. Section 14.2 Definitions A. Incidental Sick Day: Any non-work related illness or injury which does not last for more than six (6) calendar days. B. Immediate Familv: Immediate family as defined in Section 14.5 below. 24 C. Personal Leave Bank: The accumulative days that all employees have earned and have been placed in reserve to be used for the employee's personal Usability, funeral leave, paternity leave. Section 14.3 Authorized Use of Sick Leave Sick leave shall be granted for any of the following reasons: A. Incapacitation due to non-work related incidental illness, injury or disability. B. Personal medical or dental appointments which can't be scheduled during non-working hours, providing the Chief of Police can release the person. C. Use of the Personal Leave Bank for reasons related to pregnancy shall be subject to the same provisions and reporting requirements as for any other disability. D. When an individual has been granted and is using vacation leave, they may not change the status to sick leave unless they become hospitalized or receive treatment as an outpatient prior to hospitalization. Certification from a physician is required. E. The Personal Leave Bank may be used at the Unit Employee's discretion to supplement disability payments provided by the Village or its insurance carrier. Payments for sick leave may be used for this purpose until all credits are used or the employee returns to work. In all disability cases it will be assumed that the employee wishes to be paid at the regular rate unless the Treasurer's Office is advised to the contrary. F. Sick leave accumulation may be used to level one's income. To prevent disruption of income, an employee may select (1) either to receive a check equal to his/her regular wages and endorse his/her compensation check to the Village once it is received: or (2) the personal sick leave bank may be used to pay the difference between one's compensation check and one's regular straight time pay. G. When an employee exhausts all of their leave benefits, he/she may request a leave of absence. The duration of the leave of absence will be established by the Village. If an employee is defined permanently disabled and therefore unable to perform his/her regular job, he or she shall be terminated effective the date of such decision by the Village Board or in situations involving sworn Police Officers, the Police and Fire Commission, and become a disabled person under the appropriate pension plan. Section 14.4 General A. Sick leave shall accrue at the rate of ninety-six (96) hours at the beginning of each fiscal year. Unit Employees in their first year of employment shall accrue sick leave at the rate of one (1) for each full calendar month worked. Sick leave will not be earned during an unpaid leave of absence. B. Up to forty eight sick leave hours per fiscal year may be used for incidental illness or 25 injury of the employee or the immediate family. The remaining forty eight sick leave hours shall be placed in the employee's Personal Sick Leave bank to be used for disability leave, funeral leave, and newborn leave. Any sick leave days not used by an Employee shall be added to his/her Personal Sick Leave bank. C. Absence beyond the sixth incidental day of illness or injury of an Employee immediate family shall be cause for non-payment. However, leave time from an employee's Personal Sick Leave bank may be used for disability for seven (7) or more consecutive days. A Physician's Certificate of Disability, which must be completed and returned by the Employee immediately, but not longer than three (3) days will be furnished to the Village on the 8th calendar day the Employee is absent from his job and every twenty-one (21) days thereafter until the Employee returns to work. D. When an Employee has used only a portion of his/her incidental sick days for the fiscal year and then becomes totally or partially disabled, he or she automatically starts the use of days in his or her personal sick leave bank. When the Employee returns to his/her job, the Employee will still have the remaining incidental sick days not utilized before becoming so disabled. E. All unused sick time is accumulative from year to year. Upon retirement, (Tier 1 pensioners at fifty (50) years of age and twenty (20) years of service, or Tier 2 pensioners at fifty (55) years of age and twenty (20) years of service) where the Village has received at least one hundred twenty (120) days' notice, employees shall be entitled to utilize either of the below options with the understanding that use of sick days into a new fiscal year shall not entitle the employee to any new or increased benefits. However, employees shall be entitled to any wage increase during the period of-extended retirement. 1. Extended retirement - Use up to 160 days prior to retirement date, or; rd 2. Receive 1/3 payout of all accumulated sick days F. Notification - Except for day shift employees, the Employee shall be required to notify the direct supervisor by telephone at least two (2) hours prior to his or her scheduled starting work time. Failure to comply with this procedure may cause forfeiture of that incidental sick leave day's pay. If incidental sick leave is used for more than two (2) consecutive days, the Chief of Police may request the employee to furnish a written confirmation of illness or injury, signed by a physician. The employee is responsible for obtaining a physician's f.statement when required. Section 14.5 Funeral Leave When there is a death in the employee's family, an employee shall be granted leave time. This leave shall be granted for a period up to three (3) days including the day of the funeral. If circumstances require an additional extension of the leaves the employee shall request such extension from the Chief of Police. The Chief of Police may extend the bereavement leave to a maximum of five (5) days. All bereavement leave shall be deducted from accrued personal sick leave time or time due as the employee elects. The family is defined as spouse, parents, parents- in-law, children, brothers and sisters, brothers and sisters-in-law, grandparents, or 26 grandchildren. Scheduled days off are not compensable days under this section and do not extend the 3 day period. Section 14.6 Short-Term Personal Leave of Absence Leave without pay may be granted for a period of up to one month (four calendar weeks) during a calendar year, at the discretion of the Village Board. Requests for leave shall be in writing to the Chief of Police. Leave requests for more than three (3) working days must be approved by the Mayor and Village Board. At the completion of short-term leave an employee will return to his/her previous position and status without change in salary, vacation, sick leave and holiday compensation shall not accrue during short-term leave exceeding three (3) working days. Section 14.7 Jury Duty Leave Employees called upon for jury duty shall notify the Chief of Police no later than the next day after receipt of the summons. Jury duty compensation shall be paid to all full time employees at a rate equivalent to the difference between their normal pay check and that compensation received for jury duty for up to ten (10) working days (two work weeks) per year. Full records must be presented to the Treasurer's Office for approval prior to the issuance of jury duty compensation. An employee's time served on jury duty shall not be charged against the sick leave allowance or vacation time and shall be considered time worked. , Section 14.8 Military Service Leave Employees who enter the armed services of the United States, or who are members of the National Guard or any of the Reserve Components of the Armed Forces of the United States shall be entitled to all the rights and privileges conferred by any applicable federal or state law, Act, Executive Orders, resolutions, or regulations. The policies of the Village of Alsip shall also apply insofar as these do not lessen the rights and privileges enumerated above. Proper evidence must be provided by the employees as to the report and return dates of the period and the amount of military pay. Section 14.9 New Born Leave A full time, employee who is the natural or adoptive parent of a newly born infant shall be entitled up to five (5) consecutive work days leave to attend to the needs required. Such leave shall reduce the amount of accumulated sick leave by an equal amount and count towards hours worked. Section 14.10 Family Medical Leave Act Employees shall have all rights and benefits provided by the Family Medical Leave Act (FMLA). The Employer may require or an employee may elect use of accumulated paid leave prior to the commencement of unpaid FMLA leave, provided, however, there shall be no pyramiding. Section 14.11 Victims Economic Security and Safety Act (VESSA) Employees shall be covered by and entitled to the Victims' Economic Security and Safety Act (VESSA). 27 ARTICLE XV UNION LEAVE Section 15.1 Chapter Negotiating Team Up to two (2) members designated as being on the Chapter negotiation team who are scheduled to work on a day on which negotiations will occur, shall, for the purpose of attending scheduled negotiations, be excused from their regular duties without loss of pay, to the extent that there is no interference with Departmental schedules. If a designated Chapter negotiating team member is in a regular day-off status on the day of negotiations, there shall be no compensation for attending the session. ARTICLE XVI SAFETY Section 16.1 Compliance With Laws In order to have a safe place to work, the Village agrees to comply with safety laws and regulations applicable to its operations concerning the safety of Unit employees covered by the Agreement. Unit employees shall comply with all safety rules and regulations established by the Village. Section 16.2 Unsafe Conditions If a Unit Employee has a justifiable reason to believe that his safety and health are in danger due to an alleged unsafe working condition, or alleged unsafe equipment, he shall inform the Department through the chain of command of the unsafe condition and the Unit Supervisor shall determine what action, if any should be taken. Section 16.3 Safety Matters of General Concern Safety matters of general concern may be discussed at the quarterly Labor-Management Committee meeting. ARTICLE XVII GENERAL PROVISIONS Section 17.1 Visitation The Village agrees that no more than two non-employee MAP officers and representatives will have reasonable access to the premises of the Village during working hours with advance notice to the Chief of police or his designated representative. Such visitations shall be for the reasons of the administration of this Agreement. The MAP agrees that such activities shall not interfere with the normal work duties of employees: The Village reserves the right to designate a meeting place or to provide a representative to accompany an MAP officer where operational requirements do not permit unlimited access. Section 17.2 Time Sheets Chapter or a representative shall have the right to examine time sheets and other records during 28 normal business hours of the custodian of such records pertaining to the computation of compensation of any bargaining unit employee whose pay is in dispute or any other records of the employee pertaining to a specific grievance, at reasonable times with the employee's consent. Section 17.3 Eve Protection If otherwise not covered by insurance, the Village agrees to pay for replacement or repair of eye glass frames ($50.00), lenses ($50.00), contact lenses ($75.00) and prescription sun glasses (up to $100.00), or other personal property not covered by insurance up to $100.00, if damaged or broken while engaged in the performance of the officers' police duties. Each incident is to be reported to immediate supervisor. Section 17.4 Immunization The Employer agrees to pay all expenses for inoculation or immunization shots for the employee and for members of an employee's family's exposure to contagious diseases where said officer has been exposed to said disease in the line of duty. Section 17.5 Death In the Line of Duty The Employer agrees to defray all funeral and burial expenses of any employee of the Police Department, covered by this agreement, killed in the line of duty up to a maximum of $10,000.00. Section 17.6 Telephone All employees shall be required, as a condition of continued employment beyond the probationary period to obtain and maintain an operating telephone in their place of residence and supply the number to the Employer. Section 17.7 Tuition Reimbursement and Seminar Program The Village will provide each full time employee with assistance for job related schooling under the following conditions and guidelines: a) Prior approval must be given employees by the Chief of Police and the Village Board to the extent permitted by the current budget. b) Expenses to be reimbursed are Tuition, Seminar and applicable laboratory fees. Job related schooling being here defined to mean a course by course evaluation. c) In the case of Bachelors Degree programs, only unrelated required courses may be allowed on a fifty (50) percent basis. d) Tuition and Lab expenses will be reimbursed upon completion of the course with "C" grade or better. e) No reimbursement will be given for educational efforts financed by any other source, i.e., the State, County and/or Federal Grants, etc. 29 f) No reimbursement will be given for transportation, meals or lost time from the job. g) Application request forms are to be distributed by the Treasurer's office. h) Training required by the Police Department will be paid in accordance with current practice. Section 17.8 Subpoena Stipends An employee receiving a subpoena stipend shall retain such for his or her personal use. Section 17.9 Residency As of the effective date of this Agreement, all bargaining unit members shall be required to reside in the State of Illinois upon completion of their initial probationary period. ARTICLE XVIII BULLETIN BOARDS The Employer shall provide the Chapter with designated space on art available bulletin board. Matters derogatory to the Village, Police Department, or reflecting on the integrity and credibility of the Police Department or its personnel, shall not be posted. ARTICLE XIX FILE INSPECTION Section 19.1 File Inspection The Police Department personnel files and disciplinary history, relating to any bargaining unit member, shall be open and available for inspection by the affected officer during regular business hours of the custodian of the files. The Employer agrees to abide by the requirements set forth in Illinois Compiled Statutes, 820 ILCS 40/2 et seq. Section 19.2 Use of Discretionary Action Disciplinary actions, not the subject of Police and Fire Commission proceedings, up to and including five (5) day suspensions, shall be effective for a period of five (5) years from the date of issuance and thereafter shall not be used for the purposes of progressive discipline unless a sustained pattern of similar violations exists. Any written reprimand shall be removed from the employee's record, if, from the date of the last reprimand, thirty six (36) months have passed without the employee receiving an additional reprimand or discipline for such offenses. This provision does not apply to discipline arising out of illegal drug or alcohol usage. ARTICLE XX IMPASSE RESOLUTION OF COLLECTIVE BARGAINING ISSUES Section 20.1 Mediation Mediation is limited to negotiations for a new, modified or amended collective bargaining agreement and not for resolutions of grievances under Article XXII:. Either party may, no later 30 than thirty (30) days prior to the expiration date of the existing collective bargaining agreement, nor earlier than sixty (60) days prior to expiration, request the services of a mediator from the Federal Mediation and Conciliation Service, and no other mediation service without the written agreement of the other party. The mediator is not empowered to perform fact-finding as set forth in 1985 IL Rev. Stats Ch. 48, Section 1613, Illinois Public Labor Relations Act as amended (H.B.1529). The mediator shall, immediately after his selection or designation, attempt to obtain a fair and speedy resolution of the impasse. He shall consider all aspects of the matters in this agreement and may provide both procedural and substantive suggestions and suggested alternatives to the parties. Any suggestions of the mediator shall be advisory only, shall be given in confidence and shall be kept confidential by the parties. The fee and expenses of the mediator, if any, shall be borne equally by the Village and The Chapter. No other joint expenses shall be incurred except by mutual agreement of the parties. Section 20.2 Arbitration of Unresolved Collective Bargaining Issues If, by the 14th day prior to expiration date of the existent Collective Bargaining Agreement, negotiations have not concluded with a new agreement, then as required by the Illinois Public Labor Relations Act as amended, the Parties agree that either Party may ask for the services of an arbitrator from the Federal Mediation and Conciliation Service. (FMCS) FMCS shall furnish a panel of five (5) competent arbitrators who are residents of Illinois and have been such for seven (7) years. Alternately, the Chapter striking first, the parties will strike names until one (1) remains who shall serve as the impartial chairperson of the Arbitration. The Arbitrator shall be governed by the provisions of 1985 L Rev. Stats 16, Section 14, Illinois Public Labor Relations Act, as amended (H.B. 1529) except that the hearing may be held at a location convenient to the Arbitrator and the Parties. The hearing shall be convened as promptly as possible, subject to the Arbitrators' schedule. The arbitrator shall base his/her findings, opinions and order upon the following factors as applicable: 1. The lawful authority of the employer. 2. Stipulations of the parties. 3. The interests and welfare of the public and the financial ability of the Village of Alsip to meet those costs. 4. Comparison of the wages, hours and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours and conditions of employment of other employees performing similar services incomparable communities and with other employees, generally. 5. The average consumer prices for goods and services, commonly known as the cost of living as set forth in the CPI-W: Chicago as reported by the U. S. Department of Labor discounted for Village paid benefits furnished to members of the bargaining unit such as, but not limited to, insurance and clothing. 31 6. The overall compensation presently received by the employees; including direct wage compensation vacations, holidays and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and all other benefits received. These are to be compared with general economic conditions and the trends of wage and benefit settlements m private sector bargaining. 7. Changes in arty of the foregoing circumstances during the pendency of the arbitration proceedings. 8. Such other factors not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining in the public service or in private employment. ARTICLE XXI LABOR - MANAGEMENT CONFERENCES Section 21.1 Meeting The Chapter and the Village mutually agree that in the interest of efficient management and harmonious employee relations it is desirable that meetings be held between Chapter representatives and responsible administrative representatives of the Village. Such meetings may be requested at least seven (7) days in advance by either party by placing in writing a request to the other for a "labor management conference" and expressly providing the agenda for such meeting. Such meetings should not be more frequent than once each calendar quarter. The agenda may include: a) Discussion of the implementation and general administration of this Agreement, but pending grievances are not to be discussed. b) Safety equipment status and need, manpower requirements and employee physical fitness c) A sharing of general information of interest to the parties d) Notifying the Chapter of changes in non-bargaining conditions of employment contemplated by the Employer which may affect employees. e) The Employer and the Chapter agree to cooperate with each other in matters of the administration of this Agreement for the purpose of improving standards of law enforcement and protection of the citizens of the State of Illinois. Section 21.2 Grievances It is expressly understood and agreed that such meetings shall be exclusive of the grievance procedure. Grievances being processed under the grievance procedure shall not be considered at "labor-management conferences". The purpose of these meetings is not to negotiate the altering of any of the terms of the Agreement but is to maintain excellent communications and understanding. 32 Section 21.3 Attendance When absence from work is required to attend "labor-management conferences," Chapter representative shall, before leaving their work-station, give reasonable notice to and receive approval from, Supervisor. Supervisors shall approve the absence except in emergency situations. Chapter members attending such conferences shall be limited to three (3). Village representation shall be limited to three (3) persons. If either party requires input from other persons, such may be requested and accommodated if practicable. Meetings will be held during off duty hours, but the Village will permit one Chapter representative to remain in pay status for up to three (3) hours at regular straight time hourly rate if necessary to meet during duty hours. ARTICLE XXII GRIEVANCE AND ARBITRATION Section 22.1 Grievance Procedure It is mutually desirable and hereby agreed that all grievances shall be handled in accordance with the following steps. For the purposes of this Agreement, a grievance is any dispute or difference of opinion raised by an employee or the Chapter, if it identifies the aggrieved employee, against the Village involving the meaning, interpretation or application of the provisions of this Agreement. Any time period provided for under the steps in the grievance procedure may be mutually extended in writing. STEP 1: Chief of Police The grievance shall be reduced to writing, must be signed by the affected grievant and presented by the Chapter or the employee to the Chief of Police within seven (7) calendar days of its occurrence, or circumstances giving rise to a grievance or when first known or should have been known by grievant. The grievance must specify the Article and Section of this Agreement believed to have been improperly administered. The Chief of Police or in his absence, his designated representative, shall attempt to adjust the grievance as soon as possible, and therefore will schedule a meeting with the grievant, his immediate supervisor and a Chapter Representative within seven (7) calendar days after receipt of the grievance from the Chapter. The Chief of Police shall then render a decision, based on the supplied information during the meeting, within fifteen (15) calendar days of the meeting. STEP 2: Human Resources Manager If the grievance is not resolved in Step One, the grievance shall be submitted to the Human Resources Manager within five (5) calendar days of the receipt from the Chief of Police of his response to the Step One procedure. A meeting shall be held at a mutually agreeable time and place with the Human Resources Manager to discuss the grievance and hopefully come to an equitable solution. If a grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the parties. If no settlement is reached, the Human Resources Manager shall give the Chapter the Employer's answer within fifteen (15) calendar days following their meeting. 33 STEP 3: Arbitration ____________________________________________________________________________________ If the grievance is not settled in Step Two the matter shall be referred for arbitration by written request by the Chapter to the Village made within fifteen (15) calendar days of the Village's answer in Step Two. Arbitration shall proceed in the following manner: 1. The appeal to arbitration must specify the Article and Section of this Agreement believed to have been improperly administered; new issues may not be raised by the Chapter in this appeal that were not presented in Step 2. 2. The Employer and The Chapter shall each appoint a representative to the arbitration panel. The two arbitrators shall in tum, by mutual agreement, select a third arbitrator to serve as chairman of the arbitration panel. In the event the two arbitrators are unable to agree upon the third arbitrator, they shall obtain a list of seven recognized arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of such list the Union representative shall strike a name from the list; then the Village representative shall strike a name. Striking shall alternate until one flame remains. The remaining individual shall be the third party and the chairman of the panel. 3. The arbitrators shall promptly review the grievance and the information and decisions rendered at the various steps of the grievance procedures. The arbitrators shall confer with the parties to this grievance as necessary and may hold a hearing at the option of the neutral arbitrator. The scope of the hearing shall be limited to the Article and Section of this Agreement alleged to have been improperly administered as discussed an Step 2 and specified as such in the Appeal to Step 3. The hearing shall only be open to all parties in interest. 4. The arbitrators shall issue their decision as soon as possible after the date of closing of any conference or hearing, if necessary, or if no conference or hearings are required then from the date when the final grievance documents are submitted to them. 5. The decision of the arbitrators shall be in writing and shall set forth the findings of fact, reasoning and conclusions of the issues submitted. 6. The decision of the arbitration panel shall be binding to the parties concerned in the grievance. 7. The cost of the independent arbitrator and hearing room charge shall be borne equally by the Chapter and the Employer. All other costs will be the responsibility of the party incurring same. If a court reporter is used, the cost will be borne by the party requesting such service unless the other party wants a copy of the transcript in which case the costs shall be shared equally. The Village shall not pay for any lost time incurred by any employee except those the Village requests to be present. 34 8. The arbitrators shall have no right or authority to ignore, add to, take from, or modify any of the provisions of this Agreement other than those specifically stated in the grievance. The Arbitrator shall not consider any other provisions of the Agreement. 9. Any Contract provision that is in dispute must have been in effect at the time the grievance arose. 10. Neither party waives the issue of arbitrability or time limits and either may require that these issues be rolled upon before the substantive issue is decided. Time limits are to be considered as controlling. If the Chapter fails to timely file or appeal, the Village's answer at the last preceding Step is final, and the grievance procedure terminates. If the Village does not timely answer, the grievance automatically goes to the next higher Step. Section 22.2 Fire and Police Commission If the grievance concerns discipline in excess of a five (5) day suspension (each suspension day shall be defined as an eight (8) hour period) or discharge for cause, the employee must elect within 21 days of written receipt of such disciplinary action as to whether to proceed before the Board of Fire and Police Commissioners or to proceed through the grievance procedure. In the event the employee elects to proceed under the grievance procedure, he/she shall indicate in writing his choice and specifically waive any right he might otherwise have to proceed before the Board of Fire and Police Commissioners or to proceed to court to review a decision of the Board of Fire and Police Commissioners. In the event the employee elects to proceed before the Board of Fire and Police Commissioners, he shall indicate in writing his choice and specifically waive any right he might otherwise have to proceed under the grievance procedure. Other matters subject to the jurisdictions of the Board of Fire and Police Commissioners are not subject to this grievance procedure. It is further understood that nothing in this Agreement shall limit the right of the Chief to suspend an employee for up to five (5) days, nor shall this Agreement limit the right of such employee so suspended to appeal to the Board of Fire and Police Commissioners within twenty-four hours after such suspension for a review thereof. If a supervisor meets with an employee for the purpose of discussing a disciplinary matter that might lead to disciplinary action against that employee that would be subject to the jurisdiction of the Alsip Board of Fire and Police Commissioners, the employee, if he/she so desires, shall have the right to have the presence of a local Chapter representative at such meeting. If a local Chapter representative is asked to attend such a meeting, he/she shall attend as an observer only unless the parties agree that the Chapter representative may participate. The Chapter representative and said employee shall be allowed a reasonable time together to discuss the matters involved. ARTICLE XXIII BILL OF RIGHTS Section 23.1 Jurisdiction A. Except as provided for in Section 22.2, any matter which arises under the Uniform Peace Officers Disciplinary Act 1985, 50 FLCS 725/1, et. seg., (C.P.A. 83-98) shall be processed in accordance with the Village Mules and Regulations - Chapter 30. Disciplinary Process. 35 the event of any conflict, P. A. 83-98 shall control. The officer has the right to be represented by Counsel of his or her choosing including a Chapter representative who may be present to advise him or her at any stage of any interrogation. In the event a matter is not resolved and proceeds to a hearing, no public statement shall be made prior to a decision being rendered by the Board of Fire and Police Commissioners or an arbitrator, if arbitration is applicable, and no public statement shall be made if the officer is found innocent unless the officer requests a public statement. No law enforcement officer shall be compelled to speak or testify before, or be questioned by any non-governmental agency. No matter within this provision shall be subject to Step 3 of the Grievance Procedure, Article XXII, unless there is no other recourse (i.e. a provision violation existed but the Employer declined to discipline). B. Any employee, during any interview, who reasonably believes that he or she may be subject to discipline, shall be allowed representation if so requested by the employee. Section 23.2 Privacy No law enforcement officer shall be required or requested to disclose any item of his property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his family or household) unless such information is necessary in investigating a possible conflict of interest with respect to the performance of his official duties, or unless such disclosure is required by law. Section 23.3 Investigations If the investigation or interrogation of a law enforcement officer is not within Section 23.1 above, and such results in the recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment, or similar action which would be considered a punitive measure, then, before taking such action, the law enforcement agency shall follow the procedures set forth in 50 ILCS 725/1, et seq. Any such matter shall not be subject to Step 4, Article XXII, Grievance and Arbitration. Section 23.4 Photo Dissemination No photo of an officer under investigation shall be made available to the media prior to a conviction for a criminal offense or prior to a decision being rendered. Section 23.5 Statement of Village Policy It is the policy of the Village of Alsip that the public has the reasonable right to expect persons employed by the Village to be free from the effects of drugs and alcohol. The Village, as the employer, has the right to expect its employees to report for work fit and able for duty. The purposes of this policy shall be achieved in such manner as not to violate any established rights of the officers. 36 Section 23.6 Prohibitions Officers shall be prohibited from: a) consuming or possessing alcohol (unless in accordance with duty requirements) or illegal drugs at any time during the work day or anywhere on any Village premises or job sites, including all Village buildings, properties, vehicles and the employee's personal vehicle while engaged in Village business; b) illegally selling, purchasing or delivering any illegal drug during the work day or on the employer's premises; c) being under the influence of alcohol during the course of the workday, or the use of illegal drugs on or off duty; d) failing to report to their supervisor any known adverse side effects of medication or prescription drugs which they are taking. Section 23.7 Order to Submit to Testing At the time an employee is ordered to submit to testing authorized by this Agreement, the Village shall provide the employee with a written notice of the order, signed by two supervisors, setting forth all of the objective facts and reasonable inferences drawn from those facts which have formed the basis of the order to test. The employee shall be permitted to consult with a representative of the Chapter at the time the order is given. No questioning of the employee shall be conducted without first affording the employee the right to Chapter representation and/or legal counsel. Refusal to submit to such testing may subject the employee to discipline, but the employee's submission to the test shall not be construed as a waiver of any objection or rights that he may have. Section 23.8 Tests to be Conducted In conducting the testing authorized by this Agreement, the Village shall: a. in the case of alcohol testing the Village may use a breathalyzer as an initial screen and if such is positive then confirmatory tests shall be conducted in accordance with 23.8 (b) and following subsections; b. use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA); c. insure that the laboratory or facility selected conforms to all NIDA standards; d. establish a chain of custody procedure for both the sample collection and testing that will insure the integrity of the identity of each sample and test result; e. collect a sufficient sample of the same bodily fluid or material from an employee to allow for 37 initial screening, a confirmatory test and a sufficient amount to be. set aside reserved for later testing if requested by the employee; f. collect samples in such a manner as to preserve the individual employee's right to privacy, insure a high degree of security for the sample and its freedom from adulteration; g. confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug metabolites; h. provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense; provided the employee notifies the Chief of Police within seventy-two (72) hours of receiving the results of the tests; i. require that the laboratory or hospital facility report to the Village that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Village inconsistent with the understandings expressed herein (e.g. billings for testing that reveal the nature or number of test administered), the Village will not use such information in any manner or forum adverse to the employee's interest; j. require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .08 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the forgoing standard shall not preclude the Village from attempting to show that test results between .05 and .08 demonstrate that the employee was under the influence, but the Village shall bear the burden of proof in such cases); an initial screen by use of a breathalyzer is allowed. k. provide each employee tested with a copy of all information and reports received by the Village in connection oath the testing and the results. l. insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result. Section 23.9 Right to Contest The Chapter and/or the employee, with or without the Chapter, shall have the right to file a grievance concerning any testing permitted by this Agreement, contesting the basis for the order to submit to the tests, the right to test, the administration of the tests, the significance and accuracy of the tests, the consequences of the testing or results of any other alleged violation of this Agreement. Such grievances shall be commenced at Step 2 of the Grievance Procedure. It is agreed that the parties in no way intend or have in any manner restricted, diminished or otherwise 38 impair any legal rights that the employee may have with regard to such testing. Employees retain any such rights as may exist and may pursue the same in their own discretion, with or without the assistance of the Chapter. Section 23.10 Voluntary Request for Assistance The Village shall take no adverse employment action against an employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than the Village may require reassignment of the employee with pay if he/she is then unfit for duty in his/her current assignment The Village shall make available a means by which the employee may obtain referrals and treatment. All such requests shall be confidential and any information received by the Village, through whatever means, shall not be used in any manner adverse to the employee's interests, except reassignment as described above. Section 23.11 Discipline Any employee reporting for work under the influence of alcohol or drugs and who has not first sought voluntary assistance under this policy shall in the first instance that such employee tests positive on both the initial and confirmatory test for drugs or is found to be under the (influence of alcohol shall be subject to discipline up to a thirty (30) day suspension without pay. All employees who come forward and voluntarily seek assistance before being ordered to submit to a test with drug and/or alcohol related problems, shall not be subject to any disciplinary or other adverse employment action by the Village. The foregoing is conditioned upon: a) the employee agreeing to appropriate treatment as determined by the physician(s) involved; b) the employee discontinues his/her use of illegal drugs or abuse of alcohol; c) the employee completes the course of treatment prescribed, including an "aftercare" group for a period of up to twelve months, d) the employee agrees to submit, to random testing during hours of work during the period of "after-care". Employees who do not agree to or who do not act in accordance with the foregoing, or test positive a second or subsequent time for the presence of illegal drugs or alcohol during the hours of work shall be subject to discipline, up to and including discharge the foregoing shall not be construed as an obligation on the part of the Village to retain an employee on above status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing the duties of a police officer/radio operator or whose continuance on active status would constitute a direct threat to the property or safety of others. Such an employee shall be afforded the opportunity to use accrued paid leave or take an unpaid leave of absence, at the employee's option, pending treatment. The foregoing shall not limit the Village's right to discipline employees for misconduct, provided such discipline shall not be increased or imposed due to alcohol or drug abuse. 39 ARTICLE XXIV INDEMNIFICATION Section 24.1 Village Responsibility The Village shall be responsible, hold officers harmless from and pay for damages or moneys which may be adjudged, assessed or otherwise levied against any officer covered by this Agreement. Section 24.2 Legal Representation Officers shall have legal representation by the Village in any civil cause of action brought against an officer resulting from or arising out of the performance of duties. Section 24.3 Cooperation Officers shall be required to cooperate with the Village during the course of the investigation, administration or, litigation of any claim arising under this Article. Section 24.4 Applicability The Employer will provide the protections set forth in Section 24.1 and Section 24.2 above, so long as the officer cooperates as defined in Section 24.3 with the Village in defense of the action or actions or claims and has acted within the authorized scope of his or her employment and does not involve a violation of any ordinance or statute. ARTICLE XXV ENTIRE AGREEMENT Section 25.1 Entire agreement The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Village and the Chapter, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to, or covered in this Agreement, that was within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement may only be amended during its term by the Parties' mutual agreement in writing. ARTICLE XXVI SAVINGS CLAUSE Section 26.1 Savings Clause If any provision of this Agreement or any application thereof should be rendered or declared unlawful, invalid or unenforceable by virtue of any judicial action, or by any existing or subsequently enacted Federal or State legislation, or by Executive Order or other competent 40 authority, the remaining provisions of this Agreement shall remain in full force and effect. In such event, upon the request of either party; the parties shall meet promptly and negotiate with respect to substitute provisions for those provisions rendered or declared unlawful, invalid or unenforceable. During the term of the Agreement, should either party believe that the application of the American with Disabilities Act requires a modification to bargaining unit members' terms and conditions of employment or to the terms of this Agreement, written notice shall be given to the other party. Agreed modifications resulting from these negotiations shall be ratified by the parties. Any impasse shall be resolved pursuant to the procedure set forth in Section 15 of the Illinois Public Labor Relations Act. Section 26.2 Fire and Police Commission Authority and Powers The authority and powers of the Fire and Police Commission of the Village, as prescribed by the Illinois Revised Statutes, shall supersede and take precedence over any provisions of this Agreement, where applicable and are not subject to collective bargaining, however, any disciplinary action shall be subject to the grievance procedure as provided for in Article 22 of this Agreement. ARTICLE XXVII TERM OF AGREEMENT Section 27.1 Term of Agreement This Agreement shall be effective as of the first day of May, 2021 and shall remain in full force and. effect until the 30th day of April, 2025 and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing no more than one hundred twenty (120) days prior to the stated expiration date that it desires to modify or terminate this Agreement. This Agreement shall remain in full force and effect during the entire period of negotiations for a modification of the Agreement and shall automatically be extended until such time as a new or modified Agreement is approved by both parties, effective date of termination notwithstanding. If both parties are not in accord as to the contents of a new agreement, said parties shall request the services of the Federal Mediation and Conciliation Service. The services of said. agency shall be advisory only, and both parties shall make a reasonable effort to reach agreement through the mediation provided by said service. All expenses of mediation shall be divided equally between the Village and the Chapter. 41 APPENDIX A WAGES With Patrol and Sergeants receiving an additional 1% for 10-15 years of service, 1.25% for 15-20 years of service, 1.5% for 20-25 years of service, and 1.75% for 25+ years· of service for longevity as set forth in Section 6.13 of this agreement. FY22 Salaries to recruit & FY24 FY25 2.50% retain Police Officers 2.50% 3.00% Patrol Annual Hourly Annual Hourly Annual Hourly Annual Hourly 0/12 $56,000.00 26.92 $72,009.60 34.62 $73,819.20 35.49 $76,024.00 36.55 13/24 $58,000.00 27.88 $77,001.60 37.02 $78,936.00 37.95 $81,307.20 39.09 25/36 $68,000.00 32.69 $83,012.80 39.91 $85,092.80 40.91 $87,651.20 42.14 37/48 $72,000.00 34.62 $86,008.00 41.35 $88,150.40 42.38 $90,792.00 43.65 49/60 $75,000.00 36.06 $89,003.20 42.79 $91,228.80 43.86 $93,974.40 45.18 61 and up $94,191.00 45.28 $97,947.20 47.09 $100,401.60 48.27 $103,417.60 49.72 Sergeant Annual Hourly Annual Hourly Annual Hourly Annual Hourly 0/12 $101,589.80 48.84 $105,643.20 50.79 $108,284.80 52.06 $111,529.60 53.62 13/24 $103,657.23 49.84 $107,806.40 51.83 $110,510.40 53.13 $113,817.60 54.72 25/36 $105,640.60 50.79 $109,865.60 52.82 $112,611.20 54.14 $115,980.80 55.76 Over 36 $107,004.88 51.44 $111,280.00 53.50 $114,067.20 54.84 $117,499.20 56.49 Appendix A Wages 12/7/2022 The parties agree to the new pay scale attached to this MOU as Exhibit A. The remainder of Exhibit A shall remain status quo. This Memorandum of Understanding will take effect upon the signature of the Union and the Employer. It shallbe added to all subsequent Collective Bargaining Agreements between the Union and the Employer as the status quo and fully enforceable and grieveable provision of the Collective Bargaining Agreement. *The increase in wages for patrol officers with 0-60 months of service in FY22 constitutes an equity increase resulting from the unique challenges currently faced by law enforcement agencies addressing the need to recruit and retain qualified personnel 42 APPENDIX B RETIREMENT INSURANCE Age At Retirement Minimum Years of Hired before Hired after 04/19/2016 Continuous Service 04/19/2016 % of COBRA Paid By % of COBRA Paid By Retiree Retiree Retiree Additional Retiree Additional Covered Covered 50-54 20 50 % 50 % 75 % 100 % 20 25 % 25 % 75 % 100 % 21 24 % 24 % 75 % 100 % 22 23 % 23 % 75 % 100 % 23 22 % 22 % 75 % 100 % 24 21 % 21 % 75 % 100 % 55 To 65 25 20 % 20 % 75 % 100 % 26 19 % 19 % 75 % 100 % 27 18 % 18 % 75 % 100 % 28 17 % 17 % 75 % 100 % 29 16 % 16 % 75 % 100 % 30 and above 15 % 15 % 75 % 100 % 65+ (Medicare Eligible) 20 10 % Not Applicable 43 APPENDIX C OFFICER INVOLVED SHOOTING PROTOCOL Section l 50 ILCS 727/1-25 mandates the Employer enact a policy requiring all officers involved in an "officer involved shooting" ("OIS") to be subject to drug and alcohol testing prior to the end of his or her shift. 50 ILCS 727/1-25 defines an "officer involved shooting" as any instance when a law enforcement officer discharges his or her firearm, causing injury or death to a person or persons, during the performance of his or her official duties or in the line of duty. Should 50 ILCS 727/1-25 be repealed, stricken, or otherwise be found to be legally unenforceable, this Agreement shall be deemed unenforceable at the demand of the Union. Should 50 ILCS 727/1-25 be amended, the parties agree to bargain over the impacts and effects of the amendment(s) prior to them being implemented. Section 2 This Article does not diminish any rights provided by an Employee or the Union in applicable portions of the Collective Bargaining Agreement ("CBA"), Illinois law (including but not limited to the Uniform Peace Officer Disciplinary Act), Federal law, and the constitutions of the United States and State of Illinois. Section 3 Employees shall not be ordered to undergo any testing related to officer involved shootings based upon off-duty conduct. Section 4 The collection of information, evidence, and data pursuant to this Article is intended to be used exclusively for administrative purposes. Unless required by law or ordered by lawful order of a court or administrative tribunal of competent jurisdiction, or written agreement of the parties, Employer will not voluntarily share any physical evidence (or results of any testing) gathered from Employees pursuant to this Article with an outside entity. Section 5 As soon as practicable, following an OIS, the Employee will be ordered to go to a hospital for examination, care, and treatment. When prudent and reasonable, the Employee will be sent to a different hospital than any offender(s). Section 6 If the Employer collects Employee's firearm(s), the Employee will immediately be provided with a substitute weapon. The Employee will not be left unarmed. Section 7 Employees will be allowed to confidentially speak with a Union representative and/or attorney. Section 8 Upon being discharged from the hospital and completing all required tests, the Employee may (at the employees' discretion) be driven to his/her home by another bargaining unit member selected by the Union. Section 9 Following an OIS, Employees will only be required to participate in interviews, physical testing, and chemical testing after an unambiguous written order threatening to terminate the Employee's employment with the Employer should the Employee refuse to participate. The parties agree an Employee will have the right to have a Union representative and attorney present for all interviews, except in an emergency involving matters of public safety. 44 Section 10 Employees will not be interviewed or interrogated regarding her/his involvement in an OIS any sooner than 72 hours following the end of the shift during which the OIS occurred. All interviews and interrogations shall be conducted at a reasonable time and place. For any written reports regarding the OIS incident, the Union shall be allowed to review said reports and, also, meet with the affected and/or involved Officer(s) prior to the completion and submission of the reports. Section 11 Prior to an Employee's Union representative and/or attorney being present, Employer may (but is not required to) order an Employee involved in an OIS, under threat of termination, to answer limited questions directly related to the public's safety. If a Union representative and/or attorney is not available, the Employer shall permit a Union representative and/or attorney be present by telephone during this brief "public safety interview," if one is immediately available. The interview shall be based upon the "public safety interview" set forth below. Unless requested by the Employee this statement will not be video or audio recorded. The public safety interview must be conducted by a member of the department holding a rank higher than the Employee. The "public safety interview" shall be limited to the following: 1. A directive from the supervisor for the employee to answer questions, similar to the following: As your supervisor, I, (insert name), order you to provide the truthful answers to the following questions. As answers to these questions are needed to ensure the safety of the public, I order you to answer these questions without delay and without the benefit of consulting with an attorney or Union representative. If you fail to answer these questions immediately, your Employer will seek to terminate your employment. You have no right to remain silent. I understand this is a traumatic and difficult event for you. However, I directly order you to involuntarily answer every one of the following questions: a) The number of suspects and/or offenders. b) Whether all the suspects and/or offenders are in custody. c) Questions about the shooting, including: d) What direction(s) did you shoot? e) Did you hit any people with any shots? f) What is the direction and estimated number of shots fired by the offenders? g) Questions about the offenders, including: h) If not in custody, provide a description of the offenders and related vehicles. i) Provide a description of the crimes committed by the offenders. Section 12 Following an OIS, at the hospital, the Employee will be ordered to provide a urine sample to test for illegal drugs and alcohol. · Section 13 Absent a warrant or court order, or consent from the Employee obtained after consultation with a Union Representative, the Employer will never compel an Employee to provide blood, fluid (other than urine), skin, hair, feces, cheek swab, or any other sort of genetic or biological sample. Unless necessary to prosecute a criminal case against someone other than an Employee, the Employer will not seek to collect said materials from a source other than the Employee. Section 14 All urine testing shall be administered by a vendor who conducts U.S. Department of Transportation testing (i.e. the type of testing outlined in 49 CFR, Part 40). All testing shall be of the employee's urine and will conform to U.S. Department of Transportation standards for specimen collection and analysis. The Employer's failure to comply with all the terms required by this Article of the Agreement will result in the test results being deemed invalid, unreliable, and inadmissible in any subsequent proceeding. 45 Section 15 legal substances. All chemical testing must account for legal prescription use and use of other legal substances. Section 16 A properly administered positive test will not be an independent cause for discipline. If the positive test result is correlated with independent evidence demonstrating the Employee was impaired in the performance of his/her duties, then it may constitute just cause for discipline. The proper use of prescription and other legal substances is not cause for discipline. Section 17 The same protocols contained in this Article for OIS shall apply to any and all interviews and testing following an "officer involved death" ("OID") as defined by 50 ILCS 727/1- 10. Section 18 In the case of an 018 and/or O1D, this Article supersedes any and all other drug testing policies or provisions of the CBA. 12/7/2022 CONTRACTUAL MEMORANDUM OF UNDERSTANDING & AGREEMENT BETWEEN METROPOLITAN ALLIANCE OF POLICE CHAPTER #669 AND THE VILLAGE OF ALSIP This memorandum of understanding is hereby made and entered into by and between the Metropolitan Alliance ofPolice Chapter #669 (hereinafter the Union) and the Village of Alsip (hereinafter the Employer). The Memorandum's purpose is to clarify and change the current contract language. The parties are currently bound by stth the Collective Bargaining Agreement from May 1, 2021, through April 30, 2025. The parties have met and collectively bargained modifications and clarifications to certain provisions of the existing collective bargaining agreement and, by theadoption and ratification of this Contractual Memorandum of Understanding, are hereby permanently modifying those CBA provisions. Therefore, it is mutually understood and agreed by and between the parties that portions of the current CBA are amended as follows: Section 6.16 Lateral Hires (New Section) The Employer is able to hire lateral hires with previous full-time sworn law enforcement experience. If a lateral hire has between zero and sixty months of prior full-time sworn law enforcement experience, that member may be accelerated to corresponding pay not to exceed the 37-48 month patrol pay category. If a lateral hire has more than sixty-one months of prior full-time sworn law enforcement experience, that member may be accelerated to corresponding pay not to exceed the 49-60 month patrol pay category. Section 6.9 Specialty Positions The parties agree to eliminate the Specialty Positions of Crime Prevention and K-9 officer subject to a mandatory subject of bargaining should the employer ever wish to reinstate these Specialty Positions. The parties agree to change the number of Field Training Officers from five to seven. The remainder of Section 6.9 shall remain status quo. 46 This copy of your contract was provided by the Metropolitan Alliance of Police. Any comments or suggestions, please contact us. 47