R-41-12 Res Adopting Labor Agreement w/Police Chapter #39RESOLUTION p- ti( -
A RESOULTION AUTHORIZING ADOPTION OF A LABOR
AGREEMENT BETWEEN VILLAGE OF LEMONT AND
METROPOLITAN ALLIANCE OF POLICE, LEMONT POLICE
CHAPTER #39
WHEREAS, Lemont Police Department is represented by Metropolitan Alliance
of Police, Lemont Police Chapter #39; and
WHEREAS, following negotiations with the Police bargaining unit, the Police
Department has ratified the terms of a Labor Agreement; and
WHEREAS, the terms of this labor agreement shall extend from May 1, 2012
through April 30, 2014
NOW, THEREFORE BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Lemont that the attached Agreement is hereby approved.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS
on this 23 Day of Ju (� , 2012.
AYES NAYS PASSED ABSENT
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
Attest:
vv
v
v
BRIAN K.
AVES, Village President
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF LEMONT
and
METROPOLITAN ALLIANCE OF POLICE
LEMONT POLICE CHAPTER #39
2012 -2014
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I RECOGNITION 2
Section 1.1 - Representative Unit 2
Section 1.2 - Application of Agreement 2
ARTICLE II UNION SECURITY 3
Section 2.1 - Dues Checkoff 3
Section 2.2 - Fair Share 3
Section 2.3 - Indemnification 3
ARTICLE III NON - DISCRIMINATION 4
ARTICLE IV LABOR MANAGEMENT COMMITTEE 5
ARTICLE V ENTIRE AGREEMENT 6
ARTICLE VI CONTINUITY OF OPERATION 7
Section 6.1 - No Strike 7
Section 6.2 - Union's Responsibility 7
Section 6.3 - Discharge of Violators 7
Section 6.4 - No Lockout 7
Section 6.5 - Reservation of Rights 7
ARTICLE VII BILL OF RIGHTS 8
ARTICLE VIII WORKING CONDITIONS 9
Section 8.1 - Locker Provided 9
Section 8.2 - Eating Area 9
Section 8.3 - Loss of Personal Property 9
Section 8.4 - Drug /Alcohol Testing 9
ARTICLE IX PERSONNEL FILES 10
Section 9.1 - Personnel Files 10
Section 9.2 - Forms 10
ARTICLE X SENIORITY 11
Section 10.1 - Definition of Seniority 11
Section 10.2 - Loss of Seniority 11
Section 10.3 - Application of Seniority 11
Section 10.4 - Layoffs and Recall 12
Section 10.5 - Failure to Respond to Recall 12
Section 10.6 - Seniority List 12
ARTICLE XI GRIEVANCE PROCEDURE 13
Section 11.1 - Definition 13
Section 11.2 - Procedure 13
Section 11.3 - Arbitration 14
Section 11.4 - Limitations on Authority of Arbitrator 14
Section 11.5 - Miscellaneous 14
Section 11.6 - Promotion 15
ARTICLE XII UNION OFFICERS 16
ARTICLE XIII UNION REPRESENTATIVE 17
ARTICLE XIV DISCIPLINE 18
Section 14.1 18
Section 14.2 18
Section 14.3 18
Section 14.4 18
Section 14.5 18
Section 14.6 Employee Choice of Disciplinary Forum 18
ARTICLE XV MILEAGE REIMBURSEMENT 20
ARTICLE XVI PARTIAL INVALIDITY 21
ARTICLE XVII BULLETIN BOARDS 22
ARTICLE XVIII REGULAR HOLIDAYS 23
Section 18.1 - Holidays 23
Section 18.2 - Personal Holidays 24
ARTICLE XIX INSURANCE 25
Section 19.1 - Health and Major Medical Insurance 25
Section 19.2 - Life Insurance 25
Section 19.3 - Death of an Officer in the Line of Duty 25
Section 19.4 — Cost Containment 25
ARTICLE XX PAID VACATIONS 26
Section 20.1 - Eligibility and Accrual 26
Section 20.2 - Vacation Pay 26
Section 20.3 - Scheduling 26
Section 20.4 - No Accumulation 27
ARTICLE XXI WORKER'S COMPENSATION 28
ARTICLE XXII SHORT -TERM DISABILITY 29
Section 22.1 - Short-Term Disability. 29
Section 22.2 - Family and Medical Leave 29
ARTICLE XXIII VOLUNTARY LEAVE OF ABSENCE 30
ARTICLE XXIV MILITARY LEAVE 31
ARTICLE XXV JURY LEAVE 32
ARTICLE XXVI FUNERAL LEAVE 33
ARTICLE XXVII OUTSIDE EMPLOYMENT 34
ARTICLE XXVIII CLOTHING ALLOWANCE 35
Section 28.1 - New Employees 35
Section 28.2 - Uniform Allowance 36
Section 28.3 - Protective Vest Replacement 36
ARTICLE XXIX EDUCATIONAL BENEFITS 37
ARTICLE XXX SICK LEAVE 38
Section 30.1 - Absence from Work 38
Section 30.2 - Sick Leave Usage 38
Section 30.3 - Sick Leave Accrual 38
Section 30.4 - Sick Leave Buy Back 38
ARTICLE XXXI HOURS OF WORK AND OVERTIME 39
Section 31.1 - Overtime 39
Section 31.2 - Compensatory Time 40
Section 31.3 — Hours of Work No Guarantee 40
Section 31.4 - Court Time 40
Section 31.5 - Call -Back Time 40
Section 31.6 - Effects Bargaining 41
Section 31.7 - Equalization of Overtime 41
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Section 31.8 - Shift Exchange 41
ARTICLE XXXII SALARIES 42
Section 32.1 - Base Annual Salary 42
Section 32.2 - Stipends 42
Section 32.3 - Pension Contributions 42
ARTICLE XXXIII MANAGEMENT RIGHTS 43
ARTICLE XXXIV FIRE AND POLICE COMMISSIONERS 44
ARTICLE XXXV NO PYRAMIDING 45
ARTICLE XXXVI TERM OF AGREEMENT 46
APPENDIX A WAGES 47
APPENDIX B ELECTION FORM 48
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PREAMBLE
This Agreement is made and entered into by and between the Village of Lemont
(hereinafter referred to as the "Village" or "Employer ") and the Metropolitan Alliance of Police,
Lemont Police Chapter #39 (hereinafter referred to as the "Union ").
1
ARTICLE I
RECOGNITION
Section 1.1 - Representative Unit
The employer recognizes the Union as the sole and exclusive representative for all sworn
police officers of the employer in the job classification of police officer and excluding all sworn police
officers above the rank of police officer and all supervisors, managers, and confidential employees.
Section 1.2 - Application of Agreement
The terms of this Agreement are applicable only to full -time sworn police officers.
2
ARTICLE II
UNION SECURITY
Section 2.1- Dues Checkoff
With respect to any employee from whom the employer receives individual written
authorization, signed by the employee in a form agreed upon by the Union and the Employer, the
Employer shall deduct from the wages of the employee the dues required as a condition of
membership in the Union, or a fair share fee, and shall forward such amount to the Union within
thirty (30) calendar days after close of the pay period for which the deductions are made, the amounts
deducted shall be set by the Union.
Section 2.2 - Fair Share
During the term of this Agreement, Police Officers who are not members of the Chapter shall,
commencing thirty (30) days after the effective date of this Agreement, pay a fair share fee to the
Chapter for collective bargaining and contract administration services tendered by the Chapter as the
exclusive representative of the officers covered by this Agreement. Such fair share fee shall be
deducted by the Village from the earnings of non - members and remitted to the Chapter each month.
The Chapter shall annually submit to the Village a list of the officers covered by this Agreement who
are not members of the Chapter and an affidavit which specifies the amount of the fair share fee,
which shall be determined in accordance with the applicable law.
Non - members who object to this fair share fee based upon bona fide religious tenets or
teachings of a church or religious body of which such employee is a member shall pay an amount
equal to such fair share fee to a non - religious charitable organization mutually agreed upon by the
employee and the Union. If the affected non - member and the Union cannot agree on an
organization, the organization shall be selected by the affected non - member from an approved list of
charitable organizations established by the Illinois State Labor Board and the payment shall be made
to said organization.
Section 2.3 - Indemnification
As long as the initial action is not brought by the Village, the Union shall indemnify and hold
the Village harmless against any and all claims, demands, suits or other forms of liability brought
against the Village, including costs and attorney's fees that may arise out of or by reason of any action
taken by the Village for the purpose of complying with any provisions of Section 4.2, Fair Share. If
an incorrect deduction is made, the Union shall refund any such amount directly to the involved
employee.
3
ARTICLE III
NON- DISCRINUNATION
In accordance with applicable law, neither the Village nor the Union shall discriminate
against any employee covered by this Agreement. Any dispute concerning the interpretation and
application of this paragraph shall be processed through the appropriate federal or state agency or
court rather than through the grievance procedure set forth in this Agreement.
4
ARTICLE IV
LABOR MANAGEMENT COMMITTEE
At the request of either party, the Union Steward and the Police Chief or their designees shall
meet at least quarterly to discuss matters of mutual concern that do not involve negotiations. The
Union steward may invite other bargaining unit members and/or Union Officials (not to exceed
two) to attend such meetings. The Police Chief may invite other Village representatives (not to
exceed two) to attend such meetings. The party requesting the meeting shall submit a written
agenda of the items it wishes to discuss at least seven (7) days prior to the date of the meeting.
Employees scheduled to work will notify the Police Chief prior to their attendance at a meeting, and
if such attendance is approved by the Police Chief, the employee will be permitted to attend the
meeting during his/her regular hours of work with not loss of pay.
A labor- management committee meeting shall not be used for the purpose of discussing any
matter this is being processed pursuant to the grievance procedure set forth in this Agreement or for
the purpose of seeking to negotiate changes or additions to this Agreement.
5
ARTICLE V
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 or by specific agreement of the parties, 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 Union, for the life of this Agreement, each voluntarily
and unqualifiedly agrees that the other shall not be obligated to bargain collectively with respect to
any subject matter referred to, or covered in this Agreement.
This Agreement supersedes and cancels all prior practice and agreements, whether
written or oral, unless expressly state to the contrary herein, and together with any letter of
understanding executed concurrently with or subsequent to this Agreement constitutes the
complete and entire Agreement between the parties.
6
ARTICLE VI
CONTINUITY OF OPERATION
Section 6.1 - No Strike
Neither the Union nor any officer, member of the Union or officer covered by this
Agreement, will call, institute, authorize, participate in, sanction, encourage, or ratify any strike, work
stoppage, overtime, concerted abnormal and unapproved enforcement procedures or policies, or mass
resignation, mass absenteeism or picketing which causes any work stoppage or any concerted refusal
to perform duties by an officer or officer group. Neither the Union nor any officer, member of the
Union, or officer covered by this Agreement shall refuse to cross any picket line, by whomever
established.
Section 6.2 - Union's Responsibility
Should any activity prescribed in section 1 of this Article occur, the Union shall
immediately:
A. Publicly disavow such action by the employees or other persons involved;
B. Advise the employee in writing that such action has not been caused or sanctioned
by the Union;
C. Notify the employees stating that it disapproves of such action instructing all
employees to cease such action and return to work immediately;
D. Take such other steps as are reasonably appropriate to bring about observance of
the provisions of this Article, including compliance with reasonable requests of
the employer to accomplish this end.
Section 6.3 - Discharge of Violators
The employer shall have the right to discharge or otherwise discipline any or all employees
who violate any of the provisions of this Article. In such event, the employee or employees, or the
Union in their behalf, shall have no recourse to the grievance procedure, except as to the issue of
whether an employee participated in the prohibited action.
Section 6.4 - No Lockout
The employer agrees that it will not lockout its employees during the term of this
Agreement or any extension thereof.
Section 6.5 - Reservation of Rights
In the event of any violation of this Article by the Union or the Employer, the offended party
may pursue any legal or equitable remedy otherwise available.
7
ARTICLE VII
BILL OF RIGHTS
The Uniform Peace Officer's Disciplinary Act (50ILCS 725) is hereby adopted
by reference.
8
ARTICLE VIII
WORKING CONDITIONS
Section 8.1 - Locker Provided
The Village shall provide a locker for each bargaining unit employee.
Section 8.2 - Eating Area
The Village shall provide an eating area for employees.
Section 8.3 - Loss of Personal Property
Personal property carried by an on -duty officer which is required for the performance of
the officer's duties, and which is damaged by a third party during the performance of the
officer's duties, shall be repaired or replaced at a reasonable value not to exceed a total of
$200.00 per year. In the event the officer receives restitution or other reimbursement, the amount
expended by the Village shall be reimbursed by the officer to the extent of restitution or
reimbursement received.
Section 8.4 - Drug /Alcohol Testing
The Village acknowledges that no random drug and alcohol testing policy may be
implemented without bargaining over the issue pursuant to the Illinois Public Labor Relations Act.
9
ARTICLE IX
PERSONNEL FILES
Section 9.1 - Personnel Files
Employees shall be entitled to inspect their personnel files in accordance with the
provisions of 820 ILCS 40. No material shall be placed in an employee's personnel file unless
the employee has had an opportunity to view the material.
Section 9.2 - Forms
No employee shall be required to sign undated or incomplete forms.
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ARTICLE X
SENIORITY
Section 10.1 - Definition of Seniority
Where the term "seniority" is used in this Agreement, it will mean as follows:
A. Seniority shall be defined as an officer's length of full -time continuous service as
a police officer in the Lemont Police Department.
B. In the event that two or more officers have the same seniority date, seniority shall
be determined by the officer's placement on the Police Commission's eligibility
list.
Bargaining unit employees shall be afforded seniority credit only for the purposes
set forth in this contract.
D. Except for vacation purposes, probationary officers shall have no seniority rights.
If an officer satisfactorily completes the probationary period, his/her seniority
shall be the date of original employment.
Section 10.2 - Loss of Seniority
An officer's seniority will terminate in the following circumstances:
A. The officer resigns or quits;
B. The officer retires;
C. The officer is discharged or permanently removed from the payroll, and the
separation is not reversed;
D. The officer does not return to work at the expiration of a leave of absence;
E. The officer is absent for three (3) consecutive scheduled work days without
authorization; or
F. The officer does not return to work when recalled from layoff.
Section 103 - Application of Seniority
Seniority shall be considered for the following:
A. Vacation preference except that of detectives (criminal and juvenile) shall draw
separately from patrol.
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B. Layoffs as specified in the Illinois Compiled Statutes.
Section 10.4 - Layoffs and Recall
Should the employer in its sole discretion determine that it is necessary to decrease the
number of officers in the bargaining unit, it will layoff and recall officers in accordance with the
provisions set forth in the Illinois Compiled Statutes, Where applicable, affected officers and the
Union will be given notice of contemplated layoffs. Laid off officers will have recall rights for a
period of two (2) years.
Section 10.5 - Failure to Respond to Recall
If an officer fails to timely respond to recall notice by return mail or in person, his name shall
be removed from the recall list. Pursuant to 65 ILCS 5/10- 2.1 -18; an officer must make written
application for reinstatement within thirty (30) days after notification of recall.
Section 10.6 - Seniority List
As soon as practicable after signing of this contract, the employer will furnish the Union a list
showing the name, address, job title and last hiring date of each officer in the bargaining unit, whether
the officer is entitled to seniority or not. The employer shall post a similar list without officers'
addresses. Within thirty (30) calendar days after the date of posting, an officer must notify the
employer of any alleged errors in the list or it will be considered binding on the officer and the Union.
When changes or additions to those lists become necessary, the employer will provide notification to
the Union of such changes or additions. A revised seniority list will be posted once a year. Within
thirty (30) calendar days of such posting, an officer must again notify the employer of any alleged
errors or the information in the list shall be considered binding on the officer and the Union.
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ARTICLE XI
GRIEVANCE PROCEDURE
Section 11.1 - Definition
A "grievance" is defined as a dispute or difference of opinion between an employee (or
the Union) and the Village involving the meaning, interpretation or application of the specific
provisions of this Agreement.
Section 11.2 - Procedure
The parties acknowledge that it is usually most desirable for an employee and his
immediate supervisor to resolve problems through free and informal communications. If,
however, the informal process does not resolve the matter, the grievance will be processed as
follows:
S'IEP 1:
Any employee who has a grievance shall submit the grievance in writing
to the employee's immediate supervisor. The grievance shall contain a
statement of the facts, the provision or provisions of this Agreement which
are alleged to have been violated, and the relief requested. All grievances
must be presented no later than twenty (20) business days from the date of
the occurrence of the matter giving rise to the grievance, except that for
errors in pay, the time period shall be twenty -five (25) business days. An
employee's failure to file a grievance within the time period specified shall
constitute a waiver of any rights to advance the grievance. The immediate
supervisor shall render a written response to the grievant with five (5)
business days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal
the grievance to Step 2 of the grievance procedure, it shall be submitted in
writing to the Police Chief within five (5) business days after receipt of the
Village's answer to Step 1. A grievance relating to all or substantial
number of employees or the Union's own interests or rights with the
employer may be initiated at Step 2 by a Union representative. The Police
Chief, or his designee, shall investigate the grievance and, in the course of
such investigation, shall offer to discuss within five (5) business days with
the grievant and an authorized representative of the Union at a time
mutually agreeable to the parties. The Police Chief, or his designee, shall
provide a written answer to the grievant and the Union within five (5)
business days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the Union desires to appeal, it
shall be referred by the Union in writing to the Village Administrator
within five (5) business days after receipt of the Village's answer to Step 2.
Thereafter, the Village Administrator of his designee shall meet with the
grievant and a Union representative within fifteen (15) business days
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of receipt of the Union's appeal. The Village Administrator or designee
shall submit a written answer to the grievant and the Union within ten (10)
business days following the meeting.
Section 11.3 - Arbitration
If the grievance is not settled in Step 3 and the Union wished to appeal the grievance from
Step 3 of the grievance procedure, the Union may advance the grievance to arbitration by serving the
Village Administrator with written notice of its intent to proceed to arbitration. Selection of an
arbitrator will be accomplished, as described below, within fifteen (15) business days of receipt of
the Village's answer provided to the Union at Step 3:
A. In the absence of agreement of neutral arbitrator, the parties shall file a joint
request with the Federal Mediation & Conciliation Service (FMCS) for a panel of
five (5) arbitrators from which the parties shall select a neutral arbitrator. The
parties shall agree to request the FMCS to limit the panel to members of the
National Academy of Arbitrators and to those residing in the greater Chicago
area. Both the Village and the Union shall each have the right to reject one panel
in its entirety within seven (7) business days of its receipt and request that a new
panel be submitted. The Village and the Union shall alternatively strike names
from the panel. The order of striking names shall be determined by a coin toss
with the losing party striking the first and the third names. The remaining person
shall be the arbitrator.
B. The arbitrator shall be notified of his/her selection and shall be requested to set a
date for the hearing, subject to the availability of Union and Village
representatives. The fees and expenses of the arbitrator and the cost of a written
transcript for the arbitrator shall be divided equally between the Village and the
Union; provided, however, that each party shall be responsible for compensating
its own representatives and witnesses.
Section 11.4 - Limitations on Authority of Arbitrator
The arbitrator shall have not right to amend, modify, add to, or subtract from the provisions
of this Agreement. The arbitrator shall be empowered to determine the issue(s) raised by the
grievance as submitted in writing at Step 1 or at Step 2 (by the Union). The decision or award of the
arbitrator shall be final and binding upon the Village, the Union and the employees covered by this
Agreement.
Section 11.5 Miscellaneous
11.5.1 A "business day" is defined as a calendar day exclusive of Saturdays, Sundays or
holidays observed by the Village.
11.5.2 No grievance may be filed more than twenty (20) business days from the day of
the discovery of the original occurrences of the event giving rise to the grievance. No grievance filed
after the 20 -day period shall be processed. The failure of an employee to act within the time limits
will act as a bar to any further appeal.
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11.5.3 Any decision not appealed by the employee or the grievant as provided within the
time limits specified in each step shall be considered settled on the basis of the latest decision
and shall not be subject to further appeal. Any grievance not answered within the time limits
specified in each step shall be automatically appealed to the next step. Time limits at each step
may be extended by mutual agreement of the grievant and the Village.
11.5.4 No matter or action shall be treated as a grievance unless a grievance is filed in
accordance with this Article.
Section 11.6 - Promotion
It is understood that matters involving promotion are subject to the jurisdiction of the Chief
of Police and the Board of Fire and Police Commissioners and are not subject to this grievance
procedure.
15
ARTICLE XII
UNION OFFICERS
The Village recognized the right of the Union to select Union officers, representatives, or
stewards, and the Union agrees to furnish the Village, within 2 weeks of ratification of this
Agreement, with the names of the officers, representatives, or stewards selected by the Union.
Union officers, representatives and/or stewards are not permitted to conduct Union business during
work hours without the permission of the Chief of Police.
16
ARTICLE XIII
UNION REPRESENTATIVE
The Village agrees that non - employee officers and representatives of the Union shall have
reasonable access to designated areas of the premises during normal Village Hall working hours with
advance notice to the Chief. Such access shall be for the administration of this Agreement. The
Union agrees that such activities shall not interfere with the normal work duties of the employees or
interfere with the confidential operation of the Department. The Village reserves the right to
designate the accessible areas as provided herein.
17
ARTICLE XIV
DISCIPLINE
Section 14.1
The parties agree that all newly employed Patrol Officers are required to serve a
probationary period of twelve (12) months. During the probationary period, the officer is an
employee -at -will and may be disciplined or discharged without notice and without cause, and
without recourse to the grievance procedure.
Section 14.2
If the Village has reason to discipline an employee, it will make every effort to do so in a
manner that will not unduly embarrass the employee before other fellow employees or members of
the public. A violation of this section shall not be cause to rescind any disciplinary action.
Section 14.3
In cases or oral reprimand, notation of such oral reprimand shall become a part of the
employee's personnel file and a copy given to the employee.
Section 14.4
All oral and written reprimands shall be expunged upon written request of the employee after
eighteen (18) months from the date of discipline if the employee has not been disciplined for a
similar incident.
All suspension of five (5) days or less issued by the Chief shall be expunged upon written
request of the employee after four (4) years from the date of discipline if the employee has not been
disciplined for a similar incident and if the employee did not appeal the suspension to the Fire and
Police Board.
Section 14.5
A suspension day is defined as an 8 -hour day.
Section 14.6 Employee Choice of Disciplinary Forum
14.6.1. Contesting Discipline - Oral and Written Reprimands
Oral and written reprimands shall be subject to the Grievance. Procedure Article
of this Agreement but shall not be subject to arbitration.
14.6.2. Contesting Discipline - Suspensions and Termination
(1) In General
Prior to imposing discipline, involving a suspension or termination, the Chief of
Police or the Chief's designee will set a meeting with the employee to advise the
employee of the proposed discipline and the factual basis therefore. At the employee's
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request, the employee shall be entitled to Union representation at that meeting. After the
conclusion of said meeting, the Chief or the Chief's designee will issue a Decision to
Discipline, in writing, as to the proposed discipline ( "Decision to Discipline "), to the
affected employee and the Union. At the employee's option, disciplinary action against
the employee may be contested either through the arbitration procedure of this
Agreement or through the Board of Fire and Police Commissioners (BOFPC), but not
both. In order to exercise this option, an officer must execute an Election, Waiver and
Release form ( "Election Form" attached as Appendix B). The Election Form shall be
given to the officer by the employer, at the time the officer is formally notified of the
Decision to Discipline. The employee shall have five (5) calendar days upon receipt of
Election Form to tender the executed Election Form to the Chief or the Chief's designee.
(2) Suspensions of Five (5) Days or Less
If the discipline is a suspension for five (5) days or less, the Chief may impose
the suspension immediately upon the issuance of the Decision to Discipline. If the
employee elects to contest the suspension through the grievance /arbitration procedure,
the Election Form shall constitute a grievance, which shall be deemed filed at the
arbitration step of the grievance procedure.
(3) Termination or Suspensions of More Than Five (5) Days; Arbitration
For discipline involving suspensions in excess of five (5) days or termination, if
the employee elects arbitration, the Chief of Police has the right and discretion to impose
discipline immediately upon the receipt of the Election Waiver and Release Form. In
such cases, the Election Form shall constitute a grievance, which shall be deemed filed
at the arbitration Step. During this process, the employer shall have the burden of
proving that the discipline was issued for just cause.
(4) Termination or Suspensions of More Than Five (5) Days; Board of Fire
and Police Commissioners
For discipline involving suspensions in excess of five (5) days or termination, if
the employee elects to have the case heard by the BOFPC, then the Chief must file the
appropriate charges before the BOFPC.
(5) Failure to Return the Election Form in Cases of Termination or
Suspensions of More Than Five (5) Days
If an officer fails to timely return the Election Form in the case of termination or
suspension of more than five (5) days, such failure shall be deemed a waiver of the right
to contest discipline via arbitration and require the Chief to file charges before the
BOFPC.
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ARTICLE XV
MILEAGE REIMBURSEMENT
An employee who is required and authorized by the employer to use his private vehicle
for Village business shall be reimbursed at a per mile rate as established by the Village for all
Village employees.
20
ARTICLE XVI
PARTIAL INVALIDITY
In the event any of the provisions of this Agreement shall be or become invalid or
unenforceable by reason of any federal or state law or local ordinance now existing or hereinafter
enacted, such invalidity or unenforceability shall not affect the remainder of the provisions hereof.
21
ARTICLE XVII
BULLETIN BOARDS
The employer will make a bulletin board available for the use of the Union in non - public
locations. The union will be permitted to have posted on this bulletin board notice of a non-
controversial nature, but only after submitting them to the Chief or his designee for approval and
posting. There shall be no distribution or posting by employees of advertising political material,
notices or other kinds of literature on the employer's property other than herein provided.
22
ARTICLE XVIII
REGULAR HOLIDAYS
Section 18.1 - Holidays
A. The following shall be paid holidays for all eligible employees:
New Year's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
On occasions when a majority of un -sworn Village employees are released early by the
Mayor or Village Administrator, those patrol officers working that day will be allocated three (3)
additional hours of personal time.
B. Employees Assigned to Shift Schedules
1. If an officer is regularly scheduled to work, and works on a holiday,
compensation will be at two and one -half (2 -1/2) times the officer's hourly
rate for each hour worked.
2. Except for officers assigned to Twelve Hour Shifts, if a holiday falls on an
officer's regularly scheduled non - vacation day off, he will receive
compensation equivalent to eight (8) hours at base rate pay in lieu of a day off.
3. For officers assigned to Twelve Hour Shifts (Sec. 31.1.2), if a holiday falls on
an officer's regularly scheduled non - vacation day off, he will receive
compensation equivalent to 8.4 hours at base rate pay in lieu of a day off.
C. Employees Regularly Assigned to a Monday - Friday Schedule
Officers regularly assigned to a Monday through Friday schedule will receive the day off
on the celebrated holiday. If a holiday falls on a Saturday, the holiday will be celebrated on
the preceding Friday. If a holiday falls on a Sunday, the holiday will be celebrated on the
following Monday.
D. All Employees
Except for officers assigned to Twelve Hour Shifts, if a holiday falls on an officer's
scheduled vacation day, the officer shall receive compensation equal to eight (8) hours of
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base pay in lieu of a day off. For officers assigned to Twelve Hour Shifts (Sec. 31.1.2),
if a holiday falls on an officer's scheduled vacation day, the officer shall receive
compensation equal to 8.4 hours of base pay in lieu of a day off.
Section 18.2 - Personal Holidays
All officers, assigned to work 2184 hours will receive thirty (30) hours of personal time off
with pay to be used within the calendar year, all officers working 2080 hours will receive twenty -
four (24) hours of personal time off with pay to be used in the calendar year. Any requests for
personal days must be approved at least four (4) days in advance and must not conflict with the
manpower requirements of the department. Any personal days not used within the calendar year
will be lost.
24
ARTICLE XIX
INSURANCE
Section 19.1 - Health and Major Medical Insurance
The Village shall select and provide a health and major medical insurance program for
employees and dependants. The Village, at its option, may include the provision of vision care and
eye care with the benefits to be determined by the Village. The Village shall provide bargaining unit
employees with major medical and life insurance coverage at the same level of benefits and the same
level of employee premium contributions which it provides to the general non - bargaining unit work
force of the Village. The village reserves the right without future bargaining with the Union, to
change the level of benefits provided bargaining unit employees, and to change the employee
premium contribution requirements of bargaining unit employees under the foregoing insurance
coverage so long as any such change is also applicable to the general non - bargaining unit work force
of the Village.
Section 19.2 - Life Insurance
The Village shall select and provide group life insurance benefits for employees equal to fifty
thousand dollars ($50,000.00). The Village shall pay the entire premium for said coverage.
Section 19.3 - Death of an Officer in the Line of Duty
In the event that an officer dies in the performance of his duties, and the death is not subject
to the benefits provided by the Public Safety Employee Benefits Act, the Village shall pay the full
premium for the continuation of the then current health/major medical insurance for the officer's
spouse and minor children for a period of five (5) years, or until a surviving spouse dies, remarries
or becomes eligible for social security benefits, or until a surviving minor dependent attains the age
of twenty -one years. In addition, the Village shall provide reimbursement of up to five thousand
dollars ($5,000.00) for burial expenses.
Section 19.4 — Cost Containment
If an employee can prove they have health insurance from another source and elect to be
covered by health insurance that is not provided by the Village, then the Village will pay that an
employee $1,500 per fiscal year. Payment will be made once open enrollment period is
complete. If an employee is eligible to return during non -open enrollment period, the employee
will be required, at a pro -rated amount to return that amount to the employer. If an employee is
eligible to drop coverage during non -open enrollment period, the employer will pay that
employee, at a pro -rated amount up to $1,500; subject to no cost implications to the Village.
25
ARTICLE XX
PAID VACATIONS
Section 20.1 - Eligibility and Accrual
Paid vacations are provided to employees in accordance with length of continuous service.
Annual vacation is earned at the commencement of each fiscal year according to the following
accrual schedule:
Length of Service
Less than five (5) years
Annual Vacation Annual Vacation
80 Hours Shift 84 Hour Shifts
80 hours 84 hours
Upon reaching fifth (5th) 120 hours 126 hours
Anniversary of Employment
Upon reaching tenth (10th) 160 hours 168 hours
Anniversary of Employment
Upon reaching fifteenth (15th) 200 hours 210 hours
Anniversary of Employment
Upon reaching twentieth (20th) 240 hours 252 hours
Anniversary of Employment
Covered officers who utilize vacation and subsequently leave the employ of the Village shall
be required to reimburse the Village for the pro rata share of used but unearned vacation,
(e.g., a first year officer utilizing 80 hours of vacation in June and departing the Village on
October 31 shall be responsible for reimbursing the Village for 40 hours of vacation time
used).
Section 20.2 - Vacation Pay
The rate of vacation pay shall be the employee's regular straight -time rate of pay in effect for
the employee's regular job classification at the commencement of the vacation period.
Section 20.3 - Scheduling
Sign -up for annual vacations will begin on May 1 with all employees covered by this
Agreement's final vacation sign -ups being posted by May 31. A sign -up sheet will be posted
providing each officer the opportunity to select vacations. Vacations will be allocated according
to shift. After May 31, vacations will be on a first come, first serve basis according to shift.
Adjustments, cancellations, and re- scheduling of vacation periods may occur during the
fiscal year, provided a minimum of thirty (30) days written notice is given to the Chief or his
designate and that they do not conflict with previously scheduled employee vacation periods.
Any such adjustment or scheduling shall be granted based on a first come basis.
26
A maximum of eighty -four (84) vacation hours may be carried over to the following
fiscal year. In all other instances no carry over for vacation is permitted and all unused vacation
at the end of a fiscal year shall be forfeited.
All vacation requests are subject to manpower constraints and the authorization of the
Chief of Police or his designate. The Chief of Police or his designate may, to meet emergencies,
order an Officer(s) to forego or cancel all or part of his vacation. The employee will be allowed
a non - conflicting vacation period at a later date.
Section 20.4 - No Accumulation
Vacation credit shall not be accumulated during any layoff period, nor shall vacation
credit be accumulated during an unpaid leave of absence.
27
ARTICLE XXI
WORKER'S COMPENSATION
Worker's Compensation shall be subject to state statute.
ARTICLE XXII
SHORT -TERM DISABILITY
Section 22.1- Short -Term Disability.
If an employee shall require a leave of absence for medical reasons, and such leave extends
beyond any accrued sick leave, vacation, personal days or compensatory time due, the employee
may request to be placed on unpaid short-term disability status. During such unpaid leave, the
employee may be eligible for disability earnings subject to the pension and/or insurance policy in
force. Any short-term disability shall be documented with a written medical statement. Approval of
short-term disability status shall be the role of the Village Administrator.
Sick leave, vacation, holiday benefits and seniority will not accrue during the short-term
disability, and the employee's anniversary date shall be adjusted according to the length of absence.
Health and life insurance benefits will be maintained during the disability leave, according to the
provisions of the policy in effect, and provided that the employee pays the full premium amount.
If a short-term disability leave is granted for a period of three (3) calendar months or less, the
employee's position will remain vacant until expiration of the leave. Reinstatement shall only occur
if the position has not been eliminated due to reorganization or budgetary constraints. Unpaid leaves in
excess of three (3) months provide no guarantee of reinstatement to the former positions, unless
approved by the Village Administrator.
Upon expiration of a leave of absence the Village Administrator shall attempt to reinstate the
employee to his/her former position or one that is similar, depending upon qualifications.
The Village will provide written notice of termination to an employee who has not
returned to work within five (5) days after the disability period.
Officers assigned to temporary light duty assignments shall be paid at their regular rate of pay.
Sect ion 22.2 - Family and Medical Leave
An employee shall be entitled to Family and Medical Leave as provided by law. All paid sick
leave which is used for and FMLA eligible event shall run concurrently with FMLA leave and shall
be deducted from an employee's annual FMLA leave time.
29
ARTICLE XXIII
VOLUNTARY LEAVE OF ABSENCE
An unpaid leave of absence may be requested by employees with more than one (1) year of
continuous service. Requests for leave must not exceed six (6) months. Requests for leave shall be
made in writing to the Department Head along with an explanation of the reason for the request.
Unpaid leaves may be granted with the approval of the Village Administrator. Unpaid leaves of
absence for sworn personnel shall be subject to state statutes.
Sick leaves, vacation, holiday benefits, and seniority will not accrue during the leave of
absence, and the employee's anniversary date shall be adjusted according to the length of absence.
Health and life insurance benefits will be maintained during the leave of absence according to the
provisions of the policy in effect and provided that the employee pays the full premium amount.
Upon return to duty, employees will receive credit for all unused sick or vacation leave earned prior
to the leave of absence.
If a leave of absence is granted for a period of one (1) calendar month or less, the employee's
position will remain vacant until the leave expires. Reinstatement shall only occur if the position has
not been eliminated due to reorganization or budgetary constraints. Unpaid leaves in excess of one
(1) month provide no guarantee of reinstatement to the former position, unless approved by the
Village Administrator. A medical leave of absence (short-term disability) is subject to rules as
outlined in Article XXII.
Upon expiration of a leave of absence the Village Administrator shall attempt to reinstate the
employee to his/her former position or one that is similar, depending upon qualifications. If no
position is available upon expiration of the leave of absence, the employee may be considered for
future openings depending upon qualifications.
The Village shall provide written notice of termination to an employee who has not
returned to work within five (5) days after the leave of absence has ended.
Denial of a voluntary leave of absence shall not be subject to the grievance procedure. An
employee may request a meeting with the Village Administrator to discuss the denial.
30
ARTICLE XXIV
MILITARY LEAVE
Military leave, without pay, will be granted as required by state or federal law.
31
ARTICLE XXV
JURY LEAVE
Employees shall receive their regular base pay for the time spent on jury duty upon
signing and returning their jury duty check to the Village.
32
ARTICLE XXVI
FUNERAL LEAVE
An employee will be granted a maximum of five (5) paid regularly scheduled shifts funeral
leave due to death in the immediate family. The immediate family is defined to include: spouse,
child, mother, father, sister, sister -in -law, brother, brother -in -law, mother -in -law -, father -in -law,
grandparents, step - parent, step/half siblings, step - children or guardian.
33
ARTICLE XXVII
OUTSIDE EMPLOYMENT
The Chief of Police, in his sole discretion, may restrict off -duty employment in the best
interest of department operations. Patrol Officers may be allowed to engage in off -duty
employment subject to the prior written approval of the Chief of Police or his designate.
34
ARTICLE XXVIII
CLOTHING ALLOWANCE
Section 28.1 - New Employees
Officers starting on the Police Department shall be equipped with uniforms and equipment
by the Village in accordance with the list described below. Equipment and uniforms issued to new
officers will be returned to the Village if the officer fails to complete eighteen (18) months of service
with the Village.
1. Hats
a. 1 year round dress hat
b. 1 winter
c. 1 baseball type cap
d. 1 hat shield
2. Jacket
a. 1 winter
b. 2 spring/fall
3. Stars /Shield
a. 1 shirt
b. 1 jacket
4. Shirts
a. 3 long sleeve
b. 3 short sleeve
c. 2 polo shirts
5. Ties
a. 2 ties
b. 1 tie bar
6. 3 pair trousers /pants
7. 1 trouser /pant belt
8. 1 pair shoes
9. 1 pair boots
10. Gun equipment
a. Uncle Mike's belt or Sam Brown belt/or leather
duty belt
b. 1 patrol holster
c. double snap clip pouch or quick loader
35
d. handcuff case
e. PR24 or nightstick holder /or ASP (dependant on
certification)
f. 4 double snap keepers
g. set of handcuffs with key
11. Protective vest
12. Rain gear
13. 1 wooly pully sweater
14. 2 name tags /plates
15. 2 police badges
16. Capstun device with holster
17. 1 baton ring
18. Radio holder
19. 1 epaulet radio mic holder
20. 50 rounds of ammunition
21. 1 key holder
22. 1 reflective vest
23. 2 sets of ammo magazines or speed loaders for revolver ammunition
Section 28.2 Uniform Allowance
By May 5th of each year of this Agreement, each officer shall receive a separate check for
his/her annual uniform allowance as outlined in the schedule below, to be used for the replacement
and acquisition of authorized uniform components and equipment. An officer assigned to
plainclothes duty as a regular assignment may use said amount for civilian clothes needed for
plainclothes duty.
FY 2012 -2013
FY 2013 -2014
$900.00
$900.00
Section 28.3 - Protective Vest Replacement
The Village shall replace protective vests five (5) years from the manufacture date of the
vest.
36
ARTICLE XXIX
EDUCATIONAL BENEFITS
A full -time employee with at least one year of service with the Department may seek
reimbursement for job - related college courses in accordance with the provisions of this section. All
requests shall be subject to the approval of the Village Administrator, and subject to the availability
of funds.
Reimbursement shall be subject to the following criteria:
1. A written request by the employee with all supporting documents to the Chief
prior to registration.
2. The course or curriculum must be, in the opinion of the Village Administrator,
related to the employee's job, and approved by the Village Administrator prior to
enrollment.
3. The amount of funds budgeted by the Village, and available for reimbursement on
a village wide basis.
4. Courses must be taken from an accredited college or university.
5. The employee must receive a minimum grade of "C" or its numerical equivalent.
6. Reimbursement is limited to tuition, books and laboratory fees which must be
supported by presentment of an official receipt of payment issued by the
institution attended.
7. Classes are not to be taken during employee's work hours.
8. The employee must sign an agreement to repay the Village for all reimbursement
received, if the employee leaves the employment of the Village for any reason
prior to the completion of a period of one (1) year after completion of the course
so reimbursed, including therein an agreement for withholding of said amount
from the employee's last payroll check or checks.
Reimbursement shall be limited to a maximum of Two Thousand Dollars ($2,000.00) per employee
during any calendar year. In the event that funding is not available for all village employees who
have been approved for reimbursement, the Village Administrator may prorate the reimbursement
among the approved employees.
37
ARTICLE XXX
SICK LEAVE
Section 30.1 - Absence from Work
When practicable, absences from work must be reported to the Supervisor in charge a
minimum of two (2) hours prior to their assigned work shift. Unauthorized absence from work is to
be regarded as an unpaid absence without leave. Instances of absence without leave may be grounds
for disciplinary action.
If an officer becomes ill during working hours, he must notify his supervisor before
leaving work.
If more than two (2) occasions occur within one (1) year and an employee fails to notify a
Supervisor within the minimum two (2) hours, that employee will be subject to the minimum two
(2) hour requirement.
Section 30.2 - Sick Leave Usage
Sick leave may be used only for illness for employee, or for the illness or injury of any person
residing with the employee or any person covered under FMLA. If the duration of the illness lasts
longer than one day, the employee must notify the Chief of Police and/or his designate daily. An
employee may be required after three (3) consecutive days absence to furnish a certificate from a
licensed physician to support their sick leave claim. The employee may be required to be examined
by a physician designated by the Village at the expense of the Village. Sick leave may only be used in
increments of no less than one (1) hour. Failure to follow the foregoing procedures or providing false
or misleading information may result in the absence being considered an unexcused absence for
which no pay will be received and may result in disciplinary action.
Section 30.3 - Sick Leave Accrual
Employees working 2080 hours during a year will receive eight (8) hours for each month and
employees working 2184 hours during a year will receive 8.4 hours per month.
Section 30.4 - Sick Leave Buy Back
Upon separation from the Village police department, an employee will receive payment, as
shown below, of any unused, accumulated sick leave for service with the Village
- 1 -5 years 10%
- 6 -10 year 15%
- 11-15 years 20 %
- 16 -19 years 25 %
- At 20 years 40 %.
Police officers who separate from the Village due to a duty- related disability, regardless of years of
service, will be treated as if they have at least 20 years of service.
38
ARTICLE XXXI
HOURS OF WORK AND OVERTIME
Section 31.1 - Overtime
31.1.1 Eight -Hour Shift
Patrol Officers who are assigned to an eight -hour shift shall receive overtime pay for all
time worked in excess of eighty hours in a 14 -day work period. Overtime shall be compensated
at a rate of one and one -half (1 -1/2) time the Officer's regular hourly straight time rate of pay.
All authorized paid time off shall be included in determining whether an Officer has worked in
excess of the 80 -hour requirement.
Patrol Officers shall be permitted two (2) fifteen (15) minute rest periods, one to be
taken at a reasonable time during the first half of the shift and one to be taken at a reasonable
time during the second half of the shift, and one thirty (30) minute meal period during each
shift. Patrol Offices shall remain on duty during rest and meal periods.
31.1.2 Twelve -Hour Shift.
Patrol Officers who are assigned to a twelve -hour shift receive overtime pay for all time
worked in excess of eighty -four (84) hours in a 14 -day work period. Overtime shall be
compensated at a rate of one and one -half (1 -1/2) times the Officer's regular hourly straight time
rate of pay. All authorized paid time off shall be included in determining whether an Officer has
worked in excess of the 84 -hour requirement.
Patrol Officers shall be permitted two (2) fifteen (15) minute rest periods, one to be
taken at a reasonable time during the first half of the shift and one to be taken at a reasonable
time during the second half of the shift, and one thirty (30) minute meal period during each
shift. Patrol Offices shall remain on duty during rest and meal periods.
So long as the Department employs twelve hour shifts for patrol, employees assigned to
tasks other than patrol duties may be assigned to daily shifts other than twelve hour shifts,
however for purposes of overtime calculations and benefits they shall be treated the same as
patrol employees assigned to twelve hour shifts.
31.1.3 Modified Twelve -Hour Shift
The modified twelve -hour shift shall provide for a combination of twelve -hour shifts
with one eight -hour shift within a 14 -day work period. Patrol Officers who are assigned to a
modified twelve -hour shift shall receive overtime pay for all time worked in excess of eighty
(80) hours in a 14 -day work period. Overtime shall be compensated at a rate of one and one -half
(1 -1/2) times the Officer's regular hourly straight time rate of pay. All authorized paid time off
shall be included in determining whether an Officer has worked in excess of the eighty (80)
hour requirement.
39
While working the eight -hour shift, Patrol Officers shall be permitted two (2) fifteen
(15) minute rest periods, one to be taken at a reasonable time during the first half of the shift and
one to be taken at a reasonable time during the second half of the shift, and one thirty (30)
minute meal period during each shift. While working the twelve -hour shift, Patrol Officers shall
be permitted two (2) fifteen minute rest periods and one forty -five (45) minute meal period
during each shift. Patrol Officers shall remain on duty during rest and meal periods.
So long as the Department employs modified twelve hour shifts for patrol, employees
assigned to tasks other than patrol duties may be assigned to daily shifts other than twelve hour
shifts, however for purposes of overtime calculations and benefits they shall be treated the same
as patrol employees assigned to modified twelve hour shifts.
Section 31.2 - Compensatory Time
31.2.1 Accrual
Overtime compensation at the overtime rate may, at the employer's discretion, be made as
wages or as compensatory time off. Compensatory time may accrue to a maximum of 180 hours. If
an employee is at the maximum accrual, all additional overtime compensation shall be as wages.
31.2.2 Usage
Use of compensatory time will be subject to the approval of the Chief or his designate. Said
approval shall not be unreasonably denied.
Section 31.3 — Hours of Work No Guarantee
The Village and Union agree based on operational needs to move from a modified twelve (12)
to a straight twelve (12) hours of work for all members. All officers, regardless of position will work
2184 under. This schedule change will take place within three (3) months' time following the
execution of subject contract. If due to financial issues or operational changes and the Village has a
need to move to a modified twelve (12) schedule, the parties will conduct impact and effect
bargaining concerning a schedule change. If a schedule change does occur, the Village and Union
will meet on a quarterly basis to discuss the updates status as to operational concerns and/or financial
concerns to determine at what point to return to straight twelve (12) shift schedule. Speciality
positions may be assigned to work shifts other than twelve (12) hour shifts on a set schedule. These
hours can be temporarily changed for operational necessity and/or training. The additional four (4)
hours per pay period will be considered overtime paid at straight -time rates.
Section 31.4 - Court Time
When an Officer is required to be present at court for work - related reasons during non -duty
hours, the officer shall receive a minimum of three (3) hours pay at time and one -half (1 -1/2) the
officer's regular base rate.
Section 31.5 - Call -Back Time
All officer called back to work after having left work shall receive a minimum of two (2)
hours pay at time and one -half (1 -1/2) the officer's regular base rate, unless the time extends to the
officer's regular work shift or unless the officer is called back to rectify his own error.
40
Section 31.6 - Effects Bargaining
In the event that the Village, in its sole discretion, elects to change the practice of using a
modified 12 -hour shift for patrol assignments, it agrees to bargain with the Union over the effect of
such change.
Section 31.7 - Equalization of Overtime
For planned overtime, every attempt . shall be made to distribute the overtime fairly and
equitably.
Section 31.8 - Shift Exchange
Officers may switch a scheduled day with another officer. Such exchange shall not be the
cause of overtime and shall be subject to the approval of the Chief of Police or his designee.
41
ARTICLE XXXII
SALARIES
Section 32.1 - Base Annual Salary
Covered employees shall receive compensation as set forth in Appendix A, attached
hereto.
Section 32.2 - Stipends
A. Detectives /Juvenile Investigator
All Officers assigned to work as a Detective or Juvenile Investigator shall receive
an annual stipend of $1500 to be paid pro rata on each paycheck while the officer
is serving in said assignment.
B. Officer in Charge
When an employee is assigned to act as an officer in charge during a patrol shift
the employee shall receive two dollars ($2.50) per hour for each hour that the
employee acts in that capacity.
Canine Officer
Should the Chief of Police assign an officer to the position of Canine Officer,
said officer shall be entitled to 1.25 hours of release time per scheduled 12 -hour
shift, and 1 hour of release time per scheduled 8 -hour shift as total compensation
for the care of the canine.
D. Field Training Officer
When an employee is assigned to act as a filed training officer he shall receive
one hour of additional overtime pay for each full shift served as a trainer.
Section 32.3 - Pension Contributions
The Village agrees to adopt a resolution implementing a tax deferral of employee pension
contributions as provided by law.
42
ARTICLE XXXIII
MANAGEMENT RIGHTS
Except as limited by the express language.of this Agreement, Employer retains the exclusive
right to manage the operations, determine its policies, budget and operations, the manner of exercise
of its statutory functions and the directions of its working forces, including, but not limited to the
rights to hire, promote, demote, transfer, allocate and assign Employees: to discipline, suspend and
discharge, to lay off or relieve Employees from duty; to determine the size and compositions of the
work force; to make and endorse work rules, rules of conduct and regulations; to maintain discipline,
order and efficiency; to determine the departments, divisions and sections and work to be performed
therein; to determine the number of hours of work shift per work week; to establish and change work
schedules and assignments; to introduce new methods of operation; to eliminate, contract, and
relocate transfer work and maintain efficiency.
43
ARTICLE XXXIV
FIRE AND POLICE COMMISSIONERS
Except as modified by this agreement with respect to an employee's choice of disciplinary
forum, the parties hereto expressly recognize the statutory authority of the Board over employees
covered by this Agreement, including, but not limited to, making, altering and enforcing rules and
regulations, and hiring, promoting, demoting, disciplining, and discharging employees. The parties
expressly agree that the actions of the Board are not subject to the terms of this Agreement. The
parties agree that all newly employed Patrol Officers are required to serve a probationary period as
prescribed by the Village. During the probationary period, the officer is an employee -at -will and
may be disciplined or discharged without notice and without cause, and without recourse to the
grievance procedure.
44
ARTICLE XXXV
NO PYRAMIDING
Compensation shall not be paid more than once for the same hours under any provision of this
Agreement.
45
ARTICLE XXXVI
TERM OF AGREEMENT
This Agreement shall be effective from May 1, 2012, until 11:59 p.m. on the 30th day
of April, 2014. It will continue in full force and effect until a successor agreement is reached
by the parties.
VILLAG
By � i.✓.'� _ By:
Date: / Z3 " Date:
METROPOLITAN ALLIANCE OF POLICE
LEMONT POLICE CHAPTER #39
By: .. By:
Date: Date:
46
Si( a....ak_els
APPENDIX A
WAGES
Step
5/1/2012-
4/30/2013
5/1/2013-
4/30/2014
Start
$52,369.30
$53,678.53
After 1year
$54,725.78
$56,093.92
After 2 years
$59,441.80
$60,927.85
After 3 years
$62,115.00
$63,667.88
After 4 years
$64,911.20
$66,533.98
After 5 years
$67,831.43
$69,527.21
After 6 years
$70,883.88
$72,655.97
After 7 years
$74,074.70
$75,926.57
After 8 years
$82,004.10
$84,054.20
Step Ranges for 2184 hr Employees
Step
5/1/2012-
4/30/2013
5/1/2013-
4/302014
Start
$49,875.48
$51,122.36
After 1 year
$52,120.23
$53,423.23
After 2 years
$56,611.78
$58,027.07
After 3 years
$59,157.88
$60,636.82
After4years
$61,820.83
$63,366.35
After 5 years
$64,601.65
$66,216.69
After 6 years
$67,508.55
$69,196.26
After 7 years
$70,547.68
$72,311.37
After 8 years
$78,098.85
$80,051.32
Step Ranges for 2080 hr Employees
47
APPENDIX B
ELECTION FORM
THE EMPLOYEE IS TO EXECUTE ONE, BUT NOT BOTH, OF THE FOLLOWING OPTIONS IN
ORDER TO ELECT THE FORUM IN WHICH TO CONTEST DISCIPLINE:
OPTION 1: ELECTION TO USE THE GRIEVANCE/ ARBITRATION PROCEDURE:
ELECTION, WAIVER AND RELEASE TO USE GRIEVANCE /ARBITRATION WITH REGARD TO
DISCIPLINE WHICH WOULD OTHERWISE BE SUBJECT TO THE JURISDICTION OF THE LEMONT
BOARD OF FIRE AND POLICE COMMISSIONERS
, being proposed for discipline by the Village of Lemont Police
Department (including suspension from duty with or without pay or termination of employment) hereby
elect to pursue a grievance over such discipline according to the appropriate provisions of the collective
bargaining agreement between the Village of Lemont, Illinois, and the Metropolitan Alliance of Police. I
agree that such grievance shall be my sole remedy to the exclusion of other remedies available to me,
including but not limited to, the provisions of any Illinois civil service law, board of fire and police
commissioners law, rule or regulation, such as 65 ILCS 5/10 -2.1 et seq., as amended.
I acknowledge that by making this election of remedy I am waiving the rights and remedies of
any alternative review or appeal procedure available to me, such as provided for in any Illinois civil
service law, rule or regulation, such as 65 ILCS 5/10 -2.1 et seq., as amended, in favor of the rights and
remedies afforded to me under the provisions of the collective bargaining agreement between the
Village of Lemont and the Metropolitan Alliance of Police. Furthermore, I acknowledge and agree that
execution of the Election, Waiver and Release shall be a prerequisite to processing of any grievance
concerning the proposed discipline of me by the Lemont Department. By selecting the grievance
process alternative, I acknowledge my understanding that the Village has the right to unilaterally impose
the proposed discipline immediately, subject to possible later modification or reversal by an arbitrator
should I or the Union choose to pursue a grievance through arbitration.
By election to file a grievance over my suspension or discharge, I hereby release the Village of
Lemont, the Lemont Board of Fire and Police Commissioners and the Metropolitan Alliance of Police, as
well as their officers, directors, agents, employees, attorneys, and other representatives from any and all
liability which flows as a consequence of my election.
Signed this day of , 20_
By:
Subscribed and sworn to before me this
day of , 20
Notary Public, Illinois
My commission expires
Received by the Chief of Police's Office:
48
, 200_
Date
OPTION 2:
ELECTION TO HAVE A HEARING BEFORE THE BOARD OF FIRE AND POLICE
COMMISSIONERS OF THE VILLAGE OF LEMONT AND TO WAIVE GRIEVANCE/
ARBITRATION:
ELECTION, WAIVER AND RELEASE TO HAVE A HEARING BEFORE THE BOARD OF FIRE AND
POLICE COMMISSIONERS AND TO WAIVE THE GRIEVANCE /ARBITRATION PROCEDURE
I, , being subject to discipline by the Village of Lemont Police
Department (including suspension from duty with or without pay or termination of employment) hereby
elect to have a hearing over such discipline before the Board of Fire and Police Commissioners of the
Village of Lemont in accordance with their rules and the laws of the State of Illinois. I agree that such
hearing shall be my sole remedy to the exclusion of other remedies available to me, including but not
limited to, the grievance/ arbitration procedures of the collective bargaining agreement between the
Village of Lemont and the Metropolitan Alliance of Police.
I hereby acknowledge that charges will be filed with the Board of Fire and Police Commissioners
requesting my suspension without pay or my termination.
By election to have a hearing before the Board of Fire and Police Commissioners over my
suspension or discharge, I hereby release the Village of Lemont, the Lemont Board of Fire and Police
Commissioners and the Metropolitan Alliance of Police, as well as their officers, directors, agents,
employees, attorneys, and other representatives from any and all liability which flows as a consequence
of my election.
Signed this day of , 20_
By:
Subscribed and sworn to before me this
day of , 20
Notary Public, Illinois
My commission expires
Received by the Chief of Police's Office: , 200_
Date
49