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R-76-24 Approving Successor Collective Bargaining Agreement Between the Village of Lemont and Metropolitan Alliance of Police, Lemont Chapter #39VILLAGE OF TEMONT 418 Main Street I Lemont, IL 60439 TO: Special Village Board Meeting FROM: George Schafer, Administration THROUGH: SUBJECT: A Resolution Approving Successor Collective Bargaining Agreement Between the Village of Lemont and Metropolitan Alliance of Police, Lemont Chapter #39 DATE: October 16, 2024 SUMMARY/BACKGROUND The collective bargaining agreement for Lemont Patrol Police Officers represented by the Metropolitan Alliance of Police (MAP) Chapter #39 expired on April 30, 2024. Village Administration and legal officials have been in negotiation with the bargaining team for MAP during the last several months to negotiate a successor multi -year collective bargaining agreement and has been keeping the Village Board updated during the process. The union has ratified the agreement last week and we are ready to present the agreement for approval by the Board of Trustees. With the regular meeting being cancelled due the federal holiday on Monday. we have convened a meeting on October 16th for this purpose to approve and present for approval so the agreement can be executed with terms retroactive to May 1 st. The successor agreement will be for a new four year term. Entering into the four year labor agreement provides long-term labor and financial stability. The agreement brings the entry level salary up consistent with market and now offers an ability to bring in lateral officers at a higher wage step if the Village should choose - both of which should help with the recruitment of new officers in an increasingly competitive market. The agreement also adds an additional holiday and addresses ambiguous language which has caused the department operational issues and also will resolve outstanding related grievances. At time of publication, staff and legal are cleaning up final documents and will insert final document prior to meeting. ANALYSIS Consistency with Village Policy Budget (if applicable) STAFF RECOMMENDATION Staff recommends passage of resolution and agreement, if ready for meeting BOARD ACTION REQUESTED Motion to approve. ATTACHMENTS VILLAGE OF LEMONT RESOLUTION NUMBER R- 24 A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE VILLAGE OF LEMONT AND METROPOLITAN ALLIANCE OF POLICE LEMONT POLICE CHAPTER #39 JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE MAHER KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on 10-16-2024 RESOLUTION NO. R- I P -24 A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE VILLAGE OF LEMONT AND METROPOLITAN ALLIANCE OF POLICE LEMONT POLICE CHAPTER #39 Be it resolved by the President and Board of Trustees of the Village of Lemont, Cook County, Illinois as follows: SECTION 1: The collective bargaining agreement between the Village of Lemont and the Metropolitan Alliance of Police Lemont Police Chapter #39 for the period beginning May 1, 2024 and ending April 30, 2028 in substantially the form attached hereto as Exhibit A is approved subject to such non -economic amendments as may be determined by the Village President. SECTION 2: The Village President is hereby authorized to execute the said collective bargaining agreement on behalf of the Village. SECTION 3: If any section, paragraph, clause or provision of this resolution shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this resolution. SECTION 4: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This resolution shall be in frill force and effect from and after its passage, approval and publication as provided by law. 2 ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS 16"' DAY OF OCTOBER 2024. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest: Charlene,M. Smoll n, Vill ge lerk OF l F v � _v Z SEAL /ZLINQ\S 3 John gofske, Village President STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION I, Charlene Smollen, do hereby certify that I am the duly Qualified and elected Village Clerk of the Village of Lemont, Cook, DuPage and Will County, Illinois, and that as such Village Clerk I do have charge of and custody of the books and records of the Village of Lemont, Cook County, Illinois. I do her further certify that the foregoing is a full, true and correct copy of Resolution No. 6 "A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE VILLAGE OF LEMONT AND METROPOLITAN ALLIANCE OF POLICE LEMONT POLICE CHAPTER #39," adopted and approved by the President and Board of Trustees of the Village of Lemont, Illinois on October 16, 2024. IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village of Lemont, Cook, DuPage and Will County, Illinois this 16"' day of October 2024. `� .6 &aumt'- Charlene Smollen Village Clerk Village of Lemont Cook County, Illinois G� OF !F v AL -� /`LINOS M COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND METROPOLITAN ALLIANCE OF POLICE LEMONT POLICE CHAPTER #39 May 1, 2024 - April 30, 2028 TABLE OF CONTENTS PRFAMRIF .. ............................................................................................................................ 7 RECOGNITION................................................................................................................................. 8 Section1.1- Representative Unit............................................................................................... 8 Section 1.2 - Application of Agreement...................................................................................... 8 Section 1.3 Gender UNIONSECURITY.............................................................................................................................9 Section2.1- Dues Checkoff......................................................................................................... 9 Section2.2 - Indemnification...................................................................................................... 9 Section2.3 - Fair Share................................................................................................................ 9 NON-DISCRIMINATION................................................................................................................. 10 LABOR MANAGEMENT COMMITTEE............................................................................................ 11 ENTIREAGREEMENT...................................................................................................................... 12 CONTINUITYOF OPERATION........................................................................................................ 13 Section6.1 - No Strike............................................................................................................... 13 Section 6.2 - Union's Responsibility.......................................................................................... 13 Section 6.3 - Discharge of Violators.......................................................................................... 13 Section6.4 - No Lockout........................................................................................................... 13 Section 6.5 - Reservation of Rights........................................................................................... 14 BILLOF RIGHTS.............................................................................................................................. 15 WORKINGCONDITIONS................................................................................................................ 16 Section8.1 - Locker Provided.................................................................................................... 16 Section8.2 - Eating Area........................................................................................................... 16 Section 8.3 - Loss of Personal Property..................................................................................... 16 Section 8.4 - Drug/Alcohol Testing 16 Section8.5 - Fitness for Duty.................................................................................................... 16 Section8.6 - Driver's Licenses................................................................................................... 17 Section 8.7 — Use of Audio/Video Cameras.............................................................................. 17 PERSONNELFILES.......................................................................................................................... 18 Section9.1 - Personnel Files..................................................................................................... 18 Section9.2 - Forms.................................................................................................................... 18 6 SENIORITY..................................................................................................................................... 19 Section 10.1- Definition of Seniority........................................................................................ 19 Section10.2 - Loss of Seniority................................................................................................. 19 Section 10.3 - Application of Seniority...................................................................................... 19 Section10.4 - Layoffs and Recall............................................................................................... 20 Section 10.5 - Failure to Respond to Recall.............................................................................. 20 Section10.6 - Seniority List....................................................................................................... 20 GRIEVANCEPROCEDURE............................................................................................................... 21 Section11.1- Definition............................................................................................................ 21 Section11.2 - Procedure........................................................................................................... 21 Section11.3 - Arbitration.......................................................................................................... 22 Section 11.4 - Limitations on Authority of Arbitrator............................................................... 22 Section11.5 — Miscellaneous.................................................................................................... 22 Section11.6 - Promotion.......................................................................................................... 23 UNIONOFFICERS........................................................................................................................... 24 UNIONREPRESENTATIVE..............................................................................................................25 DISCIPLINE..................................................................................................................................... 26 Section 14.6 Employee Choice of Disciplinary Forum............................................................... 27 14.6.1. Contesting Discipline - Oral and Written Reprimands ............................................ 27 14.6.2. Contesting Discipline - Suspensions and Termination ............................................ 27 MILEAGEREIMBURSEMENT.......................................................................................................... 28 PARTIALINVALIDITY...................................................................................................................... 29 BULLETINBOARDS........................................................................................................................ 30 REGULARHOLIDAYS...................................................................................................................... 31 Section18.1 Holidays................................................................................................................ 31 Section 18.1.2 - Overtime or Recall on a Holiday..................................................................... 32 Section 18.1.3 - Overtime as a Special Detail on a Holiday ...................................................... 32 Section18.2 - Personal Holidays............................................................................................... 32 INSURANCE................................................................................................................................... 33 Section 19.1- Health and Major Medical Insurance................................................................. 33 Section19.2 - Life Insurance..................................................................................................... 33 3 Section 19.3 - Death of an Officer in the Line of Duty.............................................................. 33 Section19.4 - Cost Containment............................................................................................... 33 Section 19.5 — Post -Retiree Health Account............................................................................. 34 PAIDVACATIONS........................................................................................................................... 35 Section 20.1- Eligibility and Accrual......................................................................................... 35 Section20.2 - Vacation Pay....................................................................................................... 35 Section20.3 — Scheduling......................................................................................................... 36 Section20.4 - No Accumulation................................................................................................ 36 WORKER'S COMPENSATION......................................................................................................... 37 SHORT-TERM DISABILITY.............................................................................................................. 38 Section 22.1 - Short -Term Disability.......................................................................................... 38 Section 22.2 - Family and Medical Leave.................................................................................. 38 VOLUNTARY LEAVE OF ABSENCE.................................................................................................. 39 MILITARYLEAVE............................................................................................................................ 40 JURYLEAVE................................................................................................................................... 41 FUNERALLEAVE............................................................................................................................ 42 OUTSIDEEMPLOYMENT................................................................................................................43 CLOTHING ALLOWANCE & EQUIPMENT....................................................................................... 44 Section28.1 - New Employees.................................................................................................. 44 Section 28.2 - Uniform Allowance............................................................................................. 45 Section 28.3 - Protective Vest Replacement............................................................................. 45 EDUCATIONALBENEFITS............................................................................................................... 46 SICKLEAVE.................................................................................................................................... 47 Section 30.1 - Absence from Work........................................................................................... 47 Section 30.2 - Sick Leave Usage................................................................................................ 47 Section 30.3 - Sick Leave Accrual.............................................................................................. 47 Section30.4 - Sick Leave Buy Back............................................................................................ 48 HOURSOF WORK AND OVERTIME................................................................................................ 49 Section 31.1— Shifts and Overtime........................................................................................... 49 Section 31.2 - Compensatory Time........................................................................................... 49 31.2.1 Accrual....................................................................................................................49 4 31.2.2 Usage.......................................................................................................................49 Section 31.3 - Hours of Work No Guarantee............................................................................ 49 Section31.4 - Court Time.......................................................................................................... 50 Section31.5 — Call -Back Time................................................................................................... 50 Section 31.6 - Effects Bargaining............................................................................................... 50 Section 31.7 - Equalization of Overtime.................................................................................... 50 Section31.8 - Shift Exchange.................................................................................................... 50 SALARIES....................................................................................................................................... 51 Section 32.1- Base Annual Salary............................................................................................. 51 Section32.2 - Stipends.............................................................................................................. 51 A. Detectives/Juvenile Investigator.................................................................................... 51 B. Officer in Charge............................................................................................................. 51 C. Canine Officer................................................................................................................. 51 D. Field Training Officer...................................................................................................... 51 Section 32.3 - Pension Contributions........................................................................................ 51 Section32.4 — Longevity........................................................................................................... 51 Section32.5 — Shift Differential................................................................................................ 52 MANAGEMENTRIGHTS................................................................................................................. 53 FIRE AND POLICE COMMISSIONERS............................................................................................. 54 NOPYRAMIDING........................................................................................................................... 55 OFFICERINVOLVED SHOOTING..................................................................................................... 56 TERMOF AGREEMENT.................................................................................................................. 60 APPENDIXA................................................................................................................................... 61 WAGES.......................................................................................................................................... 61 APPENDIXB................................................................................................................................... 61 OPTION 1: ELECTION TO USE THE GRIEVANCE/ ARBITRATION PROCEDURE: ...................... 63 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: 64 APPENDIXC................................................................................................................................... 66 DRUG AND ALCOHOL TESTING POLICY......................................................................................... 66 Drug& Alcohol Abuse Policy..................................................................................................... 67 61 A. Purpose...........................................................................................................................67 B. Use Prohibited................................................................................................................ 67 C. Drug Testing................................................................................................................... 68 D. Alcohol Testing............................................................................................................... 68 E. Types of Testing.............................................................................................................. 69 F. Drug Test Results............................................................................................................ 69 G. Alcohol Test Results....................................................................................................... 70 H. Assistance Program........................................................................................................ 70 I. Records...........................................................................................................................70 J. Disciplinary Action.......................................................................................................... 71 K. Collection and Retention of Biological Samples............................................................ 71 2 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"). II 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. Section 1.3 - Gender Whenever the male pronoun is used in this document, it should be construed to cover the female pronoun. 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 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 - 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 the provisions of Section 2.1, Dues Checkoff., . If an incorrect deduction is made, the Union shall refund any such amount directly to the involved employee. Section 2.3 - Fair Share In light of Janus v. AFSCME, fair share fees are no longer collected. So long as Janus remains binding authority, fair share fees will not be collected. However, should Janus be overruled, the parties will meet and bargain over the means and manner by which fair share fees will be collected. 9 ARTICLE III NON-DISCRIMINATION 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. 10 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 no 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. 11 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. 12 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. 13 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. 14 ARTICLE VII BILL OF RIGHTS The Uniform Peace Officer' Disciplinary Act (50 ILCS 725/1 et seq.) is hereby adopted by reference. 15 ARTICLE Vill 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 $250.00 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. The drug and alcohol testing policy is set forth in this Agreement at Appendix C. Section 8.5 - Fitness for Duty Any concern regarding an employee' fitness for duty will be determined as described in the Village of Lemont Police Department Policy Manual published on 04/16/2018. Appeal of any discipline arising out of any question of an employee's fitness for duty will be subject to the grievance procedure of this Agreement. Prior to any employee being disciplined and/or terminated because of a lack of fitness for duty, the employee will be subject to an examination by a licensed medical professional jointly selected by the Village and the Union. If the Village and Union are unable to agree, the parties shall submit a request to INSPE (or other mutually agreed upon vendor) for selection of an appropriate health care provider. The employee may be reassigned or placed on the appropriate benefit leave or paid administrative leave pending the outcome of the medical examination. 16 Section 8.6 - Driver's Licenses and Certifications Employees are required to be able to legally drive a vehicle while at work. Employees shall immediately report to the Chief any change to, or restriction on, their driver's licenses. Appeal of any discipline arising out of the status of a member's driver's license will be subject to the grievance procedure of this Agreement. Officers shall maintain certification by ILETSB as law enforcement officers. However, failure to maintain certification shall not be grounds for termination until all proceedings relating to decertification have been completed. Section 8.7 - Use of Audio/Video Cameras The Village may use squad car video, body cameras, and stationary surveillance cameras for law enforcement purposes. Supervisory review of audio visual (AV) recordings from such cameras shall not be done arbitrarily. Upon the initiation of an informal inquiry or formal investigation pursuant to the Uniformed Peace Officers' Disciplinary Act (50 ILCS 725/1 et seq.), a bargaining unit member will only be questioned after the employee and/or the employees' union representative have been allowed to observe all the AV recordings involving the subject matter of the complaint or investigation. (unless such review violates established law). In any disciplinary arbitration hearing conducted pursuant to the provisions of Article 8 (Grievance Procedure) of this Agreement, the Village is barred from seeking to introduce any admission(s) or statements(s) made by a bargaining unit member during the course of any such inquiry or investigation that were made in violation of the provisions of this section. Any questions concerning the admissibility of any AV surveillance will be left to the trier of fact. The provisions of this Section shall not be applicable to any investigation or interrogation involving allegations of criminal wrongdoing. 17 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 40/1 et seq. No material shall be placed in an employee's personnel file unless the employee has had an opportunity to view the material. Employees have the right to review their personnel file, medical file, and other non -confidential documents relating to the employee's employment at the Village otherwise subject to disclosure under applicable law. Section 9.2 - Forms No employee shall be required to sign undated or incomplete forms. 18 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. C. 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 10.3 - Application of Seniority Seniority shall be considered for the following: A. Vacation preference for patrol except for detectives (criminal and juvenile) who shall be drawn apart from patrol. B. Layoffs as specified in the Illinois Compiled Statutes 19 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 lay off and recall officers in accordance with the provisions set forth in the Illinois law. 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. 20 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: STEP 1: Any employee who has a grievance or the Union shall submit the grievance in writing to the Police Chief. 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 thirty (30) business days from the date of discovery of or should have reasonably become known the occurrence of the matter giving rise to the grievance, except that for errors in pay, the time period shall be thirty-five (35) business days. Failure to file a grievance within the time period specified shall constitute a waiver of any rights to advance the grievance. The Police Chief shall offer to discuss the grievance within twenty (20) business days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. The Police Chief shall render a written response to the grievant with ten (10) business days after the grievance meeting. STEP 2: If the grievance is not settled at Step 1 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 Chief's answer to Step 1. Thereafter, the Village Administrator or his designee shall meet with the grievant and a Union representative within fifteen (15) business days 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. 21 Section 11.3 - Arbitration If the grievance is not settled in Step 2 and the Union wishes to appeal the grievance from Step 2 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 within fifteen (15) business days of receipt of the Village's answer provided to the Union at Step 2. Selection of an arbitrator will be accomplished as follows: 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 having an office in Illinois, Indiana, Wisconsin, Michigan, or Iowa. 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 no 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 25 business days (30 business days for errors in pay) from the day of the discovery of the original occurrences of the event giving rise to the grievance. No grievance filed after the 25-business day period (30-days for errors in pay) shall be processed. The failure of an employee to file or appeal a grievance within the time limits set forth herein will act as a bar to any further appeal. 22 11.5.3 Any decision not appealed by the Union, 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. 23 ARTICLE XII UNION OFFICERS The Village recognizes 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. 24 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. 25 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 following successful completion of all formalized training, including the Police Officer Basic Training Course prescribed by the Illinois Police Training Standards Board, and the Department's 12-week field training program. Under no circumstances shall probation run longer than 18 months from the date of hire. 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 of 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, 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, shall be deemed inadmissible in any disciplinary proceeding or promotional process. Suspensions are inadmissible in a disciplinary proceeding or promotional process after four (4) years from the date of a suspension if the employee has not been disciplined for a similar incident. Similarly, inadmissible records may not be used by the Board of Fire and Police Commissioners or the Employer in any promotional decisions except as provided by law. Section 14.5 A suspension day is defined as an 8-hour day. 26 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. However, the employee has the right to submit a written response to be attached to the reprimand. 14.6.2.Contesting Discipline - Suspensions and Termination Prior to imposing discipline, involving a suspension or termination, the Chief of Police or the Acting Chief will set a meeting with the employee to advise the employee of the proposed discipline and the factual basis therefore. At the employee's 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 Union'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 and the Union by the employer, at the time the officer is formally notified of the Decision to Discipline. The Union shall have ten (10) calendar days upon receipt of Election Form to tender the executed Election Form to the Chief or the Chief's designee. At any point prior to the Election Form being delivered, the employee may demand to be heard before the BOFPC and forego the grievance process. For discipline involving suspensions or termination, if arbitration is selected, 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 the discipline was issued for just cause. If the Election Form is filed more than ten (10) days after notice is provided to the Union and employee, 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. Any of the deadlines mentioned in this Section may be extended by mutual agreement of the parties. Section 14.7 Data Supplement Sheets Employees will be notified within 28 days of any negative entries being made by any sworn member holding the rank of sergeant or above. 27 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. 28 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. 29 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. 30 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 Juneteenth (Effective in 2025. For 2024 only, each employee gets an additional 9 hours of straight time pay) Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day 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. If a holiday falls on an officer's regularly scheduled non -vacation day off, he will receive compensation equivalent to 9 hours at base rate pat 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. If a holiday falls on an officer's scheduled vacation day, the officer shall receive compensation equal to 9 hours of base pay in lieu of a day off. 31 Section 18.1.2 - Overtime or Recall on a Holiday Officers working outside of their regular reoccurring shift will be paid three (3) times their regular rate of pay for every hour worked if it falls on a holiday as listed in Section 18.1 of this agreement. Officers who have been given the day off in lieu of holiday pay and have been recalled to work will also be paid three (3) times their regular rate of pay for every hour worked on the holiday. Section 18.1.3 - Overtime as a Special Detail on a Holiday Officers working a special detail in which the Village is reimbursed by an outside entity will be paid at the standard overtime rate of one and one-half (1 % ) times the officers hourly rate, and does not exclude the officer from receiving the other benefits listed in this Section (18.1). Section 18.2 - Personal Holidays All officers will receive 48 hours of personal time off with pay to be used within the calendar year. Any requests for personal days must be approved at least three (3) days in advance unless waived by the Police Chief or his designee, and must not conflict with the personnel requirements of the department. Any personal days not used within the calendar year will be lost. Personal Time shall be added annually at the start of every new calendar year. M 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 dependents. The Village, at its option, may include the provision of vision care and dental 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 underthe 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 the individual employee's annual salary with a minimum benefit under this Section 19.2 of one hundred thousand ($100,000.00) effective no later than July 15, 2015. 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 employee the greater of $1,750 per fiscal year or whatever other Village employees receive. This amount will be divided into 12 equal payments and paid to the employee once per month on the second regularly scheduled payroll check. In the event that an employee returns to a Village sponsored 33 health plan during open enrollment, or the employee is eligible to return during non -open enrollment, monthly payments to the employee will cease upon the date of return. Section 19.5 — Post -Retiree Health Account The parties shall form a committee to explore and potentially implement a retiree health insurance plan (RHSP/VEBA). The committee shall be comprised of an equal number of representatives from the Union and the Employer. A majority of the full committee must approve any recommendations for consideration by the Union and Village. All committee recommendations are subject to approval by the Union and Village. 34 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 Upon reaching fifth (51h) Anniversary of Employment Upon reaching tenth (10th) Anniversary of Employment Upon reaching fifteenth (151n) Anniversary of Employment Upon reaching twentieth (20tn) Anniversary of Employment Annual Vacation Annual Vacation 80 Hours Shift 84 Hour Shifts 80 hours 84 hours 120 hours 126 hours 160 hours 168 hours 200 hours 210 hours 240 hours 252 hours 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. 35 Section 20.3 - Scheduling Shift assignments for the upcoming year shall be published by no later than January 3111 of each year and will take effect on the first pay period in May. Sign-up for annual vacations will begin on February 1st and run through March 1st. Approved vacations will be posted no later than March 15th. A sign-up sheet will be posted providing each officer the opportunity to select vacations. Vacations will be allocated according to shift. After March 15, vacations will be on a first come, first served 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. 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. ill ARTICLE XXI WORKER'S COMPENSATION Worker's Compensation shall be subject to state statute. 37 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. Section 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 an FMLA eligible event shall run concurrently with FMLA leave and shall be deducted from an employee's annual FMLA leave time. This provision does not preclude use of any accrued time due at exhaustion of FMLA leave. 38 Section 22.3 — Light Duty for Pregnancy Pregnant officers who submit a letter from a physician detailing restrictions mandated, shall be offered light duty. Employer may have the employee examined by a department physician to determine relevant limitations in the workplace. 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 opening s 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. 39 ARTICLE XXIV MILITARY LEAVE Military leave will be granted as required by state or federal law. 40 ARTICLE XXV JURY LEAVE Employees shall receive their regular base pay for the time spent on jury duty. Employees not required to report for jury duty are expected to report to work for their regularly scheduled shift. Any checks or payments made to the employee for jury duty need not be signed over to the Village and, instead, are the employees to keep. 41 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. Additionally, an employee will be approved up to one (1) paid sick day for the death of other close relatives not listed above. Response: Status quo language. 42 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/her designee. 43 ARTICLE XXVIII CLOTHING ALLOWANCE & EQUIPMENT 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. The employer will provide all initial gear and will pay for employees to comply with any changes in required equipment or clothing. 1. Hats a. One (1) hat with rain cover b. One (1) winter c. One (1) baseball type cap 2. Outerwear a. One (1) three -season jacket b. One (1) rain jacket c. One (1) pair gloves d. One (1) dress uniform blouse/coat 3. Badges/Shields/Nameplates a. Two (2) badges b. Two (2) nameplates c. One (1) hat shield 4. Shirts a. Three (3) long sleeve b. Three (3) short sleeve c. One (1) polo shirt d. One (1) turtleneck e. One (1) sweater (wooly pully) 5. Ties a. One (1) tie b. One (1) tie bar 6. Pants a. Three (3) pairs side -pocket trousers 44 b. One (1) pair dress pants c. One (1) belt 7. Shoes a. One (1) pair dress shoes b. One (1) pair duty boots S. Duty Gear a. One ( 1) duty belt system (pant belt with gun belt) b. One (1) gun holster c. One (1) double ammo magazine pouch d. One (1) handcuff case (single or double) e. Four (4) double snap keepers f. Two (2) sets of handcuffs with keys g. One (1) radio holder h. One (1) radio microphone holder i. One (1) key holder j. One (1) rechargeable flashlight 9. Protective bulletproof vest with exterior cover 10. Reflective traffic safety vest 11. Capstun device with holster 12. Electronic Stun Device (Taser) with holster (Department property — subject to return) 13. Collapsible baton with holster 14. 50 rounds of duty ammunition along with 2 ammunition magazines Section 28.2 - Uniform Allowance During the first payroll of each May, each officer shall receive a separate $1,100check for his/her annual uniform allowance 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. Section 28.3 - Protective Vest Replacement The Village shall replace protective vests five (5) years from the manufacture date of the vest. 45 ARTICLE XXIX EDUCATIONAL BENEFITS AND TRAINING Section 29.1- 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 Three Thousand Dollars ($3,000.00) 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. 46 Section 29.2 - Mandatory Training Employer shall provide employees with all training mandated by law or applicable rule. Said training shall be paid for by the Employer. 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, any person covered under FMLA, or as provided by applicable law. 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 will receive 9 hours per month. An employee shall receive sick leave if the employee has worked or been on paid leave for at least one-half of the employee's scheduled workdays in a calendar month. Sick leave may accumulate to a maximum of 2184 hours. Sick leave earned in excess of the maximum shall be forfeited. 47 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 years: 15% - 11-15 years: 20 % - 16-19 years: 25% - At 20 years: 50% 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. Patrol officers will receive the greater sick leave buy back provided by this Section or is contained in the collective bargaining agreement covering Lemont's sergeants. CE ARTICLE XXXI HOURS OF WORK AND OVERTIME Section 3 1. 1 - Shifts and Overtime Patrol Officers will be assigned to work twelve (12) hour shifts totaling eighty-four 84 hours per 14-day pay period and shall 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 (I %Z ) 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 forty-five (45) minute meal period during each shift. Patrol Offices Officers 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. 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 All officers, regardless of position will work 2184 hours per year. Specialty 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. 49 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 officers called back to work after having left work shall receive a minimum of two (2) hours pay at the 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. Section 31.6 - Effects Bargaining In the event that the Village, in its sole discretion, elects to change the practice of using a straight 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. Section 31.9 — Use of Part -Time Officers No part-time officer shall, under any circumstances, ever supervise or direct full-time officers of the Village Police Department. The Village may continue to use part time police officers consistent with State Law and local ordinance to assist the full-time employees. 50 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 orJuvenile Investigator shall receive an annual stipend of $2,000 to be paid pro rata on each paycheck while the officer is serving in said assignment. B. Officer in Charge [Other than the hourly rate of pay increase, this Section remains open to bargain between the parties.] When an employee is assigned to act as an officer in charge ("OIC") during a patrol shift, designated employees shall receive $3.25 per hour for each hour that the employee acts in that capacity. All OIC's will be sent to a pre -approved OIC course. There will be one (1) designated OIC per shift and one (1) designated OIC in Investigations. C. 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 field training officer, he shall receive one hour of additional overtime pay for each half or full shift served as a trainer (not to exceed one hour total). E. Certified Patrol Officer Effective May 1, 2024, all certified patrol officers (i.e. officers certified by ILETSB to serve as a police officer) will be paid an additional stipend in the amount of 1.75% of base pay added to base pay (paid in 26 equal payments) for the position of certified patrol officer. Section 32.3 - Pension Contributions The Village agrees to adopt a resolution implementing a tax deferral of employee pension contributions as provided by law. Section 32.4 — Longevity Upon completing Step 8 or the employee's 9t" anniversary (whichever is sooner), and every year thereafter, employees shall receive an annual longevity payment as described in Appendix A paid on the anniversary date of their hire. 51 Section 32.5 - Shift Differential Employees who are regularly assigned to night shift (i.e. 6pm to 6am or power shift) will be paid a shift - differential of $29.50 each pay period. if an employee changes shifts, the differential will be updated on the pay period coinciding with the change of shift. 52 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 for just cause (just cause does not apply to probationary employees), 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. 53 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, 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 this Agreement. 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. 54 ARTICLE XXXV NO PYRAMIDING Compensation shall not be paid more than once for the same hours under any provision of this Agreement. 55 ARTICLE XXXVI OFFICER INVOLVED SHOOTING Section 36.1 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 36.2 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 36.3 Employees shall not be ordered to undergo any testing related to officer involved shootings based upon off -duty conduct. Section 36.4 The collection of information, evidence, and data pursuant to this Article is intended to be used exclusively for administrative purposes. Unless 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 36.5 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 36.6 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. 56 Section 36.7 Immediately following an OIS, the Employer will make reasonable efforts to inform the Union (which may include notice to the local union steward) of the OIS. Employees will be allowed to confidentially speak with a Union representative and/or attorney. Section 36.8 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 36.9 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. Section 36.10 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. Section 36.11 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, 1, [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, 1 order you to answer these questions without delay and without the benefit of 57 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, 1 directly order you to involuntarily answer every one of the following questions: a) The number of suspects and/or offenders. b) Whether all of the suspects and/or offenders are in custody. c) Questions about the shooting, including: i. What direction(s) did you shoot? ii. Did you hit any people with any shots? iii. What is the direction and estimated number of shots fired by the offenders? d) Questions about the offenders, including: i. If not in custody, provide a description of the offenders and related vehicles. ii. Provide a description of the crimes committed by the offenders. Section 36.12 Following an OIS, at the hospital, the Employee will be ordered to provide a urine sample to test for illegal drugs and alcohol. Section 36.13 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 36.14 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. Section 36.15 All chemical testing must account for legal prescription use and use of other legal substances. 58 Section 36.16 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 36.17 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 36.18 In the case of an OIS and/or OID, this Article supersedes any and all other drug testing policies or provisions of the CBA. 59 ARTICLE XXXVII TERM OF AGREEMENT This Agreement shall be effective from May 15t, 2024, until 1 1:59 p.m. on April 30t", 2028. It will continue in full force and effect until a successor agreement is reached by the parties. VILLAGE OF LEMONT Village President Date: 0 1 By: �� 1 Village ` i Date: QAL �® `rI � 7 ®I L I N®xS METROPOLITAN ALLIANCE OF POLICE LEMONT POLICE CHAPTER #39 M M.A.P. President Date: M.A.P. Chapter #39 Representative Date: APPENDIX A WAGES (BASED ON 2184 YEARLY HOURS) 5/1/23- 5/1/24- Employee Step Placement 5/1/25- 5/1/26- 5/1/27- 4/30/24 4/30/25 effective May 1, 2024 4/30/26 4/30/27 4/30/28 (CURRENT) (3.75%+1% 3.25% 3.00% 3.00% equity) Old Step 2 $75,240.56 Bembenek, Morna, O'Reilly $77,685.88 $80,016.45 $82,416.95 Starting $71,802.99 Step 1 $74,896.47 $78,482.14 $81,032.81 $83,463.79 $85,967.71 (V1Ann iv.) Step 2 Perez, Donovan, Rankovich $77,990.68 $81,724.48 $84,380.53 $86,911.95 $89,519.30 (2°d Anniv.) Step 3 $81,498.10 $85,399.82 $88,175.32 $90,820.58 $93,545.19 (3`d Anniv.) Step 4 Janoski, Solario $85,166.89 $89,244.25 $92,144.69 $94,909.03 $97,756.30 (411 Anniv.) Step 5 $88,997.94 $93,258.72 $96,289.62 $99,178.31 $102,153.66 (511 Anniv.) Step 6 $93,003.04 $97,455.56 $100,622.87 $103,641.55 $106,750.80 (6th Anniv.) Step 7 $97,189.48 $101,842.43 $105,152.31 $108,306.87 $111,556.08 (711 Anniv.) Addante, Anderson, Danaher, Step 8 Hugo, Jonikas, Kurzawa, Oria, $107,593.47 $112,744.51 Pappas, Salinas, Keane, $116,408.70 $119,900.96 $123,497.99 Lauricella, Boyer, Jansma, (811 Anniv.) Gembara evil Longevity Pay Addante, Anderson, Danaher, Anniversary Hugo, Jonikas, Kurzawa, Oria, & $1,692.97 $1,774.02 Pappas, Salinas, Keane, $1,831.68 $1,886.63 $1,943.23 thereafter) Lauricella, Boyer, Jansma, Gembara El **Shift Differential is paid pursuant to Section 32.5 **Specialty pay is paid pursuant to Section 32.2. 61 **All wages and Step movements are retroactive to the effective date of this Agreement ** Effective May 1, 2024, the elimination of the current Starting Step and Step 1. Meaning, top out (without longevity) would be upon reaching 8th anniversary. Step progression will be on the Employee's anniversary date. The new step structure will be: Starting, STEP 1 (first anniversary), STEP 2 (second anniversary), STEP 3 (third anniversary), STEP 4 (fourth anniversary), STEP 5 (fifth anniversary), STEP 6 (sixth anniversary), STEP 7 (seventh anniversary), STEP 8 (Top Pay — eighth anniversary and each year thereafter). Longevity will be paid on the ninth anniversary and each year thereafter. For terms of pay only (meaning, NOT benefits, seniority, or other service -based terms) experienced officers hired from a secondary register may be placed by management at any step on the wage chart up to new After 2 Step. Said placement may not exceed the secondary register hired employees prior full- time sworn police experience. For terms of pay only, secondary register employees will annually progress through the wage chart steps, and for longevity, from their hire -in pay Step. For illustrative purposes, if an officer is placed at the After 2 Step upon hire, they will be eligible for longevity on their 7th anniversary. 62 APPENDIX B 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 I, , 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. 63 Signed this day of _ _, 20 Subscribed and sworn to before me this _ day of _ , 20 Notary Public, Illinois My commission expires Received by the Chief of Police's Office: , 20 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. 1 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, ME agents, employees, attorneys, and other representatives from any and all liability which flows as a consequence of my election. Signed this day of _ _, 20_ Subscribed and sworn to before me this _ day of , 20_ Notary Public, Illinois My commission expires Received by the Chief of Police's Office: , 20 Date 65 APPENDIX C DRUG AND ALCOHOL TESTING POLICY It is the policy of the Village of Lemont that all employees shall be free from the influence of illicit drugs and alcohol while working. All employees shall be prohibited from: the unlawful manufacture, distribution, dispensing, possession, use, or being under the influence of a controlled substance while on Village premises or while performing work for the Village. For purposes of this policy, a controlled substance is one which is: Not legally obtainable; being used in an illegal manner and different than prescribed; Legally obtainable, but has not been legally obtained. As a condition of employment each employee shall: agree to abide by the terms of the policy respecting a drug and alcohol -free workplace; agree to notify their supervisor of any conviction of any criminal drug statute for a violation occurring on Village premises or while performing work for the Village no later than five (5) days after such a conviction. In order to make employees aware of dangers of drug and alcohol abuse, the Village of Lemont shall: make available materials from local, state, and national anti -drug and alcohol abuse organizations; provide in-service information. In order to assist employees who have not violated policy as set forth in subsection A hereof, but who nonetheless may have a substance -abuse problem, the Village shall establish procedures to: enlist the aid of community and state agencies with drug and alcohol informational and rehabilitation programs to provide information to employees; encourage such employees to refer themselves to an employee assistance program which would treat all referrals confidentially, and initiate no disciplinary action in such instances. absent an independent rule violation, employees who seek help for a substance abuse problem will not be subject to disciplinary action. An employee who violates the term of this policy may be subject to disciplinary action in accordance with the parties' collective bargaining agreement. The Village may require an employee who violates the terms of this policy to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program which has been approved and selected by the Village in conjunction with the employee's physician. Drug & Alcohol Abuse Policy A. Purpose The purpose of this policy is to provide reliable and valid testing procedures by mandating all drug and alcohol testing is conducted pursuant to 49 CFR Part 40 and Part 382. B. Use Prohibited The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, or cannabis is prohibited on all Village of Lemont premises, in any Village owned or leased motor vehicle, or other location at which the employee is to perform work. Employees shall arrive at work free from the influence of drugs or intoxicants, regardless of whether the drug or intoxicant was legally prescribed, and free from the influence of alcohol. Any employee who is not free from the influence of drugs or alcohol shall be subject to disciplinary action up to and including dismissal. 1. The Village will maintain a pre -employment screening program designed to prevent hiring anyone who uses any illegal drugs, or engages in prohibited alcohol - related conduct. 2. No employee shall consume a Schedule 1 drug of the Schedule of Controlled Substance of the Drug Enforcement Administration or any amphetamines, narcotics, opiates, hallucinogenic substances, depressants, stimulants, cannabis (THC) or any other habit forming drug while on or off duty, except as lawfully prescribed or permitted by the employer or the CBA. 3. Unless permitted by the employer, no employee shall report for work or drive while impaired by any drug, controlled substance, or alcohol. 4. An employee may use a substance administered by or under the direction of a physician who has advised the employee that the substance will not affect the employee's ability to safely operate a motor vehicle. 5. No employee may operate any motor vehicle whose motor senses, sight, hearing, balance, reaction, reflexes or judgment are or may be presumed affected. 6. Any employee who sells or otherwise illegally dispenses illegal drugs to others on Village premises, in or from a Village owned or leased motor vehicle is subject to immediate termination. 67 7. Employees are prohibited from using alcohol without permission while performing safety -sensitive functions at work. 8. An employee shall not report for duty, remain on duty, or perform safety -sensitive functions if the employee tests positive for controlled substance. C. Drug Testing The Village will contract with an outside organization to function as Medical Review Officer (MRO) for the collection or urine samples to be tested. Collection and testing procedures shall be in accordance with 49 CFR Part 40 and 382. The Village will require drug testing in accordance with the Federal Motor Carrier Safety Requirements as set forth in 49 CFR parts 40 and 382. All urine samples will be split samples. The "primary sample" shall be at least 30 ml. of urine; the split sample shall be at least 15 ml. Failure of the employee to provide that quantity even after a 2 hour second opportunity immediately following up to 24 oz. of water, will cause the employee to be referred for a medical examination to develop pertinent information whether the employee's inability to provide a specimen is genuine or constitutes a refusal to test. The physician shall submit a written evaluation to the Village which will make a conclusion. While this process is being accomplished, the employee shall be placed out of service. The Village's failure to comply with the testing protocols in this Appendix or in the CBA shall deem test results inadmissible in any disciplinary matter. D. Alcohol Testing The Village will require alcohol testing in accordance with the Federal Motor Carrier Safety Requirements as set forth in 49 CFR Parts 40 and 382. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A "screen test" shall be conducted first. Any result of less than .04 alcohol concentration is considered a "negative test." If the alcohol concentration is .04 or greater, a second or "confirmation test" must be conducted. Alcohol breath testing shall be by an "Evidential Breath Testing Device" (E.B.T.) that prints out the results, date, time, a sequential test number, name and serial number of the E.B.T. The alcohol test must be conducted by a "Breath Alcohol Technician" (B.A.T.) who is not a member of the bargaining unit and who is trained to operate the E.B.T. and is proficient in all breath alcohol testing procedures. Alcohol breath testing will be conducted at the Lemont Police Department by a state certified Breath Alcohol Technician. For reasonable suspicion testing, the employee shall be immediately removed from duty once a reasonable suspicion determination has been made and cannot return to work until an alcohol 11-1V test has been administered with a result of less than 0.04 alcohol concentration or 24 hours has passed since the reasonable suspicion determination was made. Failure of the employee to provide an adequate amount of breath will cause the employee to be immediately referred for a medical evaluation to develop pertinent information to determine whether the employee's inability to provide the adequate amount of breath is genuine or constitutes a refusal to test. The physician shall submit a written evaluation to the Village which will make a conclusion in writing. While this process is being accomplished the employee shall be placed out of service. The Village's failure to comply with the testing protocols in this Appendix or in the CBA shall deem test results inadmissible in any disciplinary matter. E. Types of Testing 1. Reasonable Suspicion: If a supervisor has reasonable and articulable suspicion to believe an employee has violated the alcohol or controlled substance regulations (see "Use Prohibited" section) then the employee shall submit to a urine drug or breath alcohol test. Upon being notified they are to be tested, employees shall proceed immediately to the designated testing site. Refusal to submit to such screening will be considered insubordination. A reasonable cause observation form must be completed and signed (under oath) by at least one qualified supervisor within 24 hours of the observation that led to the reasonable cause test. The form must state all factual bases for the supervisor concluding there was reasonable suspicion to order a test. The supervisor will secure all known and available video, audio, photographic, or other relevant evidence prior to the end of his/her shift. A copy of the form shall be forwarded to the Village Administrator, Police Chief, employee, and Union within 24 hours of the observation. Drug and alcohol testing will not be used to harass or embarrass an employee. 2. Officer Involved Shooting Testing: Drug and alcohol testing related to an Officer Involved Shooting will be dealt with in the manner articulated in Article 36 of the CBA. F. Drug Test Results Test results will be reviewed to determine whether there is any indication of a controlled substance abuse. 1. The test results will be reviewed by the Medical Review Officer (MRO). If there is any evidence of a positive result, the MRO will give the person tested an opportunity to discuss the results and provide documentation of legally prescribed medication. A copy of these test results will be given to the employee. The test results will not be released to any unauthorized party without written consent, unless required by law. G. Alcohol Test Results 1. A copy of the test results will be given to the employee. 2. The test results will not be released to any unauthorized party without written consent, unless required by law. H. Assistance Program An Employee Assistance Program (EAP) will be offered by the Village to provide educational information concerning the effects and consequences of drug or alcohol use on personal health, safety and work environment. Village EAP will be confidential and will provide appropriate psychological, stress, substance abuse, or other related counseling services. From time to time the Village will provide in-house training on substance abuse and alcohol use. 1. Records 1. The Village will comply with all federal, state and local laws and regulations concerning any violations of criminal drug and alcohol use laws in the workplace. 2. Record Keeping: all records will be retained as listed in 49 CFR Section 382.401. 3. An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of drugs or alcohol, and test results. 4. Records shall be made available to a subsequent employer only upon receipt of a written request or consent from the employee, or former employee. 5. The Village is required upon the receipt of a written request or consent of an employee (or former employee) to provide copies of his or her urine drug and breathe alcohol test results promptly to any other possible employer at no charge. 6. The Village may disclose information required to be maintained under this policy on an employee, to a decision maker in a lawsuit, grievance, or other procedure initiated by or on behalf of that employee and arising from the results of an alcohol or controlled substance test required by this policy, or from the Village's determination that the employer engaged in conduct prohibited by this policy. (Including but not limited to worker's compensation, unemployment compensation, or other proceedings related to benefits sought by the employee.) 7. All testing records shall be destroyed at a time permitted by applicable law. 70 J. Disciplinary Action 1. An employee who violates these regulations shall be immediately removed from duty and shall be subject to disciplinary action in accordance with the terms of the CBA. 2. An employee who is in violation of the controlled substance regulations of this policy shall be disciplined in accordance with the terms of the CBA. 3. An employee who is in violation of the alcohol use regulations of this policy shall be subject to disciplined in accordance with the terms of the CBA. 4. If an employee violates these regulations, the employee cannot return to work unless he or she has taken a return to duty alcohol test with a result of less than 0.04 alcohol concentration. 5. Every employee who has engaged in violations of this policy will be advised by the employer of resources available to the employer in evaluating and resolving problems associated with the misuse of drugs or alcohol. 6. A refusal to submit to testing, or an Employee Assistance Program in accordance with these policy guidelines shall be considered insubordination and may be considered an aggravating factor in considering appropriate discipline. 7. The Village's failure to comply with the testing protocols in this Appendix or in the CBA shall deem test results inadmissible in any disciplinary matter. K. Collection and Retention of Biological Samples Once all testing and retesting is complete, the Employer shall destroy (or order destroyed) all biological samples collected from employees. Under no circumstances will an employee be ordered by the Employer to supply a blood sample. All samples will be collected in accordance with the terms of this Appendix and the CBA. Failure to do so will result in the biological materials and tests made based upon those samples being deemed unreliable and inadmissible in any subsequent proceedings. 71 MEMORANDUM OF UNDERSTANDING BETWEEN METROPOLITAN ALLIANCE OF POLICE AND VILLAGE OF LEMONT This MEMORANDUM OF AGREEMENT ("MOA") is entered into and between the METROPOLITAN ALLIANCE OF POLICE, on behalf of Chapter 39 (hereinafter "Union") and the VILLAGE OF LEMONT (hereinafter "Employer") WHEREAS, the Union and Employer are parties to a collective bargaining agreement; WHEREAS, the parties believe it is in the best interest of the parties to execute and implement the collective bargaining agreement while reserving certain subjects for continued bargaining; WHEREAS, the Union and the Employer recognize it is in the best interests of the parties and public safety to enter into this MOA; and NOW, THEREFORE, IT IS AGREED, by the Union and Employer to the following: 1. The parties have expressly reserved, and agree to continue to bargain over the following issues to a bargained -for resolution or until impasse is resolved by an arbitrator: a. Use of seniority for shift bidding; b. Overtime scheduling and mandatory holdover process; and c. Use of OICs (including mandatory of OIC) due to a sergeant's absence (to be jointly mediated with the Sgts' Union). 2. The parties agree to seek ratification of this agreement with the acknowledgement these open issues will continue to be bargained in good faith. 3. In exchange for resolution, execution, and implementation of the financial portions of the CBA (and continued bargaining over the above -described open issues), the following additional consideration is provided: a. The grievances regarding Section 18.1 are withdrawn with prejudice. 72 b. The grievance regarding designated OIC pay is settled without precedence. The Village will pay OIC Bowyer an additional 0.375% for the period of May 1, 2023 through May 1, 2024. The Union withdraws the grievance. 4. In the event of a breach of this MOA by either Parties, the issue may be raised pursuant to the grievance process contained in the Parties' Collective Bargaining Agreement ("CBA") as to covered employees. 5. By signing below, the Union and Employer represent the person executing this document have the authority to do so and lawful authority to bind the Parties to this Agreement. 6. This MOA will take effect upon the signature of the Union and the Employer. 7. The MOA may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8. Should any section of clause of the MOA be declared illegal or invalid by a court of competent jurisdiction, or by reason of any existing or subsequently enacted legislation, all other provisions of this MOA shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this MEMORANDUM OF AGREEMENT on the dates set forth hereinafter. VILLAGE OF LEMONT METROPOLITAN ALLIANCE OF POLICE LEMONT POLICE CHAPTER #39 By: By: Village President M.A.P. President Date: Date: 73 BY: Nw � i�� . A MI ViIIa I i �G (e Date: i o I l� I SEAS. /`LIN®`S 74 M M.A.P. Chapter #39 Representative Date: