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Home My WebLink About5.7 A RESOLUTION TO APPROVE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE METROPOLITAN ALLIANCE OF POLICE MOUNT PROSPECT SERGEANTS CHAPTER #85REGULARItem Cover Page ,a" wubject A RESOLUTION TO APPROVE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS ANX, THE METROPOLITAN ALLIANCE OF POLICE MOUNT PROSPECTSERGEANTSCHAPTER #85 Meeting March 16, 2021 - MEETING OF THE MOUNT PROSPECT BOARD !e g o ry CONSENT AGENDA Type Resolution Information Metropolitan Alliance of Police (MAP) represents Mount Prospect's Sergeants and the group is subject to a collective bargaining agreement (CBA). Sergeant and Patrol CBAs expired December 31,, 2019. Negotiations for a successor agreement began with Sergeants in January 2020 prior to the successor Patrol CBA approval at the March 17, 2020 Village Board meeting. In the past, Sergeant CBA negotiations started after a new Patrol CBA was final. However,, the COVID-19 pandernic interrupted early negotiation progress until summer when staff was able to reassess !e Village -s outlook with updated financials. When negotiations reconvened, both parties recognized the considerable change of circumstances and remaining uncertainty from the unprecedented public health crisis. The following is ! summary of proposed CBA changes resulting from Term: January 1, 2020 through December 31, 202� SalaW: Sergeant's salary increases are based on Top Patrol Officer Base Pay an Certified Police Officer Incentive per the wage schedule in Appendix A. i 1 January 1, 2020 - 2.75% increase,, retroactive to January 1, 2020 January 1, 121 - 2.5% increaseretroactive to January 1, 2021 January 1, /' , increase ! _ In addition, -• Compensation r-!• • includes language establishing there is retroactive r ! payment be any deductions insurance) applicable r • Health Insurance: The proposed CBA has the same health insurance employee premiums that Patrol,Fire, and non-union employees• for 2020 . • have for 2021. The 2022premiums •r Patrol's CBA; however 2022 premiums have yet to be set for Fire and non-union employees. Furthermore,, revisionsr• •st containment language• provide th- Village flexibility• modifying group -. • hospitalization insurance coverage the CBA term as • •; as coverager • coverage prior Insurance:signing of the CBA. The new language replaces cost containment language that pertains to the Affordable Healthcare Act and Cadillac Tax. Comparable communities with MAP CBAs all provide management general cost containment language and the new language is similar to provisions already in other MAP Life !' • • from $50,,000 to the employee's an. .'ry rounded to the next higherr • $1,000 if not already I' multiple • $1,,000. The maximum . • $300,,000. change was effective 1/1/2021 across ! employee ••r' The Village r full share for this benefit. Retirement Health Savi (RHS): A RHS benefit is an employee retention tool as well as an incentive for employees to use sick time conscientiously. The Village"s RHS plan as adopted, exchanges employees accrued sick time for a cash value to the employee, which is only available for medical expenses once the employee retires. Participation in RHS is not a voluntary benefit per Internal Revenue Service rules. Currently, once an employee reaches the maximum number of hours of ,Rccumulated sick leave the employee shall receive cash payments for one-half (1/2) of the total number of hours above the maximum. The proposed CBA includes an enhancement of the existing RHS benefit. Sick time hours /' •' above accrual maximum • • deposited ?nnually at a rate of 50% cash equivalent into the employee"s RHS account. vacation deposit • ` employee's • account at value. Both of these CBA changes are reallocating existing employee payments and ,#epositing them into employees*' RHS accounts. Time-Due/Compensatory Time: The Village pays out Time Due in excess of 40 hours annually. proposed •••* w ! payoutto w payroll December from the existing last payroll of March of the following year. This change paying out excess Time . hourly . earned, rather than following year's hourly rate. t • • Grievance • !StepswProcedure! allowed fivedays to complete increased to seven days. This provides additional time for someone tit, submit w grievance date of occurrence w • for Commander • attempt • remedy matter. Discipline: The proposed language provides MAP the right to file a grievanc-c concerning discipline and the employee the right to choose the Board of Fire and Police Commission (BOFPC) hearing process. This change mirrors the currenji-l- P! •A as asked • ' optionto decide if w disciplinary action goesto '' or arbitration. Review of Recorded Media: Upon MAP"s request, there is new language providing the Union an opportunity to review the surveillance (e.g. video, photos, audio or other recorded medium) relevant to the discipline if the surveillance evidence is both: (i) in the possession or control of the Employer and (ii) relied on by the Employer in making the discipline decision. Drug and Alcohol Testin: The CBA"s Drug and Alcohol Testing language changed to address legal recreational cannabis in Illinois. Its use,, sale, purchase., delivery, or possession by sergeants and officers is prohibited. In addition, the side letter for drug and alcohol testinl following an officer involved shooting was incorporated into the CBA. Mate rn ity,,,"Pate rn ity,e" Rea son a bl e Accommodation: New language reflects current employment law. Budget The estimated total 3 -year budget impact is an additional combined $153,,084 in salary, pension and FICA contributions. This estimate does not include the impact 3 -? greater hourly wage will have on overtime costs. The new RHS contributions are costs the Village would otherwise incur; however ,, the Village would now be ,#epositing the value of converted accrued personal, vacation and sick time hours into the employee's RHS account pre-tax as previously indicated. Table 1: Sergeant CBA Aggregate New Cost Analysis (Estimates based on combined costs from 11 Sergeants) Year Salary Pension Contribution FICA Total 2020 $36,926 $16,735 $535 $54,196 2021 $33,275 $15,081 $482 $481838 2022 $34,100 $15,455 $494 $50,049 Total $153,084 Sergeant Base Pay plus Supervisor Incentive Pay * 1/1/2020 - $121,545 + $5,000 = $126,545 1/1/2021 $124,570 $5,000 $129,570 1/1/2022 $127,670 $5,000 $132,670 resolutionAlternatives 1. Pass a ing a collective bargaining Village itan Alliance of Police Prospect Sergeants Chapter . 2. Action i ion of Village Board. Staff Recommendation Approve a Collective Bargaining Agreement between the Village of Mount Prospec and the Metropolitan Alliance of Sergeant Mount Prospect Chapter #85. 1 ATTACH M E NTS: MAP Agreement Sergeants 2020-2022_Redline_V5.1_12.31.2020. pdf Resolution_Sergea ntU n ioncontractMa rch 2021. pdf MAP Agreement Sergeants 2020-2022_Final_03.12.2021.pdf 4 Draft. V5.1- Formatted: Font: CG Times, 14.5 pt, Condensed by=15pt NEGOTIATED AGREEMENT BETWEEN THE METROPOLITAN ALLIANCE OF POLICE MOUNT PROSPECT SERGEANTS CHAPTER #85 AND THE VILLAGE OF MOUNT PROSPECT January 1, 244-72020 through December 31,2419-2022 H:\HUMR\UnionsTolice UnionsTolice Ser2eants\2020 Contract Aeree ent Sergeants 2020- 2022_Redline_V5,1 12.31.2020.doc - Formatted: Font: Times New Roman, 10 pt, Not Expanded W 0-2. 05.2 WO -2 0,de . by / Condensed by REAMBLE.................................................................................................................................... 1 Commented [BAI]: Update TOC Last Formatted: Normal, Centered, Line spacing: At least 12 pt, Don't hyphenate, Tab stops: 3.25", Centered Formatted: Font: (Default) Arial, 11 pt, Bold, Condensed by 0.1 pt I ARTICLE I - RECOGNITION .......................................................................................................................... 2 d: Font: (Default) Arial, 11 pt Section ® Recognition & Representation: .................................................... ................. 2 Section ® Fair Representation: .............................................................................................. 2 Section1.3 Gender: ... .............................................................................................................. 2 Section 1.4 Chapter Se eants: ................................................................................................ 2 ARTICLE 11 — MANAGEMENT RIGHTS ....................................................................................................... 3 Section 2.1 Management Rights . .......................................................................................... 3 ARTICLEIII - LAYOFF ........................................................................................................................................ 4 Section ® Reduction In Force and Reinstatement ................................................. 4 ARTICLE IV — NO STRIKE CLAUSE ............................................................................................................ 5 Section 4.1 No Strike Clause . ..................................................................................................... 5 Section4.2 No Lockout . .................................................................................................................. 5 Section ® Judicial Restraint ....................................................................................................... 5 Section ® Discipline of Strikers ............................................................................................. 5 ARTICLE V — COMPENSATION AND HOURS OF WORK ................................................................ 6 Section 5.1 Compensation ........................................................................................................... 6 Section 5.2 Duty Shifts and Patrol Work Schedule .................................................. 6 Section5.3 Call Back . ............................................................................................................. 7 Section5.4 Overtime . .................................................................................................................. 7 Section5.5 Hours Worked . ....................................................................................................... 8 Section5.6 Court Time . .................................................................................................................. 8 Section ® Special Assignments . ....................................................................................... ... 8 Section ® Travel Time Compensation . .......................................................... ................ 9 Section 5.9 Time-Due/Compensatory Time . ............................................................................. 9 Section ® Exchanging Shift Assignments .............................................................. 9 Section5.11 Meetings . ..................................................................................................................... 9 Section5.12 Work Breaks . .......................................................................................................... 110 Section 5.13 Shift Schedule . ...................................................................... ... ............. 10 ARTICLE A — UNION SECURITY AND DUES CHECK -OFF ............................................................ 11 Section 6.1 Dues Deductions . ................................................................................................. 11 Section6.2 Indemnity . ............................................................................................................. 11 Section 6.3 ® Boards ....................................................................................................... 11 Section 6.4 Labor -Management Meetings ........................................................................... 11 ARTICLE VII -VACATION ............................................................................................................................. 13 Section 7.1 Vacation Program: .................................................................................. 13 Section 7.2 Vacation Schedule: ............................................................................................... 14 Section 7.3 Vacation Cash -in Payment: ................................................................................ 14 NkRTICLE '1111 — AOLIDAT A ................................................... 1.5 Section8.1 Holiday: .................................................................................................... 15 Section 8.2 Personal Time: ........................................................................................ 15 Section 8.3. Personal Time Cash -in Payment: ......................................................... 15 ARTICLE IX ® LEAVE OF ABSENCE ........................................................................................................ 16 Section 9.1 Absence from Work:............................................................................... 16 Section9.2 Sick Leave:............................................................................................................ 16 Section 9.3 Funeral Leave:......................................................................................... 17 Section 9.4 Military Leave:........................................................................................................ 17 Section9.5 Jury Duty:................................................................................................................ 17 ARTICLE X ® EDUCATION BENEFITS ........................................................................................................ 18 Section 10.1 Travel and Meeting Expense Allowances: ................................................. 18 ARTICLE XI ® GRIEVANCE PROCEDURE ................................................................................................ 19 Section11.1 Definition ................................................................................................................ 19 Section 11.2 Procedure for Grievance:.......................................................................... 19 Section 11.3 Fees and Expenses of Arbitration:................................................................ 20 Section 11.4 General Rules:......................................................................................... 20 Section 11.5 Notice of Union Representation ....................................................................... 21 Section 11.6 Definitions:.......................................................................................................... 21 Section 11.7 Miscellaneous Grievance Provision:.................................................... 21 ARTICLEXII - DISCIPLINE ........................................................................................................................... 22 Section 12.1 Procedure of Discipline: ...................................................................................... 22 Section 12.2 Discipline and Discharge/investigations: ................................................... 22 Section 12.3 Written Reprimand: ........................................................................................... 23 Section 12.4 Purge of Personnel File: .................................................................................... 23 Section 12.5 Personnel File: ........................................................................................ 23 ARTICLE XIII ® INVESTIGATIONS CONCERNING SERGEANTS ............................................... 25 •Section 13.1 Right to Investigate . ........................................................................................... 25 Section ® Right to Representation ................................................................................... 25 Section ® Review of Recorded Media .................................................................... 25 ARTICLE XIV — MEDICAL AND LIFE INSURANCE .............................................................................. 26 Section 14.1 Medical Insurance ............................................................................................... 26 Section 14.2 Life Insurance . ....................................................................................... 31 Section 14.3 Continuation of Benefit: ......................................................................................32 Section 14.4 Retiree Health Insurance Program: ............................................................... 32 Section 14.5 Retiree Health Savings Plan: ........................................................................ 132 Section ® Retiree Health Savings Plan — Annual Contribution: ............................ 33 Section ® Personal Physical Fitness Testing: ...................................................... 33 Section ® Section 125/Flex Plan Participation: .......................................................... 33 ARTICLE XV — DRUG AND ALCOHOL TESTING ..................................................................... 35 Section 15.1 Drug and Alcohol Testing: ...................................................................... �35 Section 15.2 Drug and Alcohol Testing Folio ing an Officer Involved Shooting: 35 Fr;.MWXTA m Q 60141 -.1 [A k yff r\0 101 N:* I I N A 14 Ll k d -.140 14 a I ARTICLE XVII — UNIFORM BENEFITS ........................................................................................................ 38 Section17.1 Benefits: ........................................................................................................................ 38 Section 17.2 Protective Vests: ................................................................ .................... 38 ARTICLE XVIII — OFF DUTY EMPLOYMENT ............................................................................. 39 Section 18.1 Employment Outside Department: ....................................................... 39 ARTICLE XIX — SENIORITY ......................................................................................................................... 40 Section ® Seniority: ............................................................................................................ 40 Section ®Probationa!j Period: ........................................................................................... 40 Section ® Maintenance of Seniority List: ............................................................................ 40 0 AM INALAILI-4001M DOW*] M � Rfl"Wi ARTICLE XXII — FAMILY MEDICAL LEAVE (FMLA) .......................................................................... 43 Section 22.1 Family Medical Leave (FMLA): ............................................................................. 43 ARTICLE XXIII — SAVINGS CLAUSE .......................................................................................................... 44 Section 23.1 Savings Clause: ........................................................................................................ 44 ARTICLE XXIII — ENTIRE AGREEMENT ................................................................................................... 45 Section 23.1 Entire Agreement: .................................................................................................... 45 ARTICLE XXV - TERMINATION ................................................................................................................... 46 Section ® Termination . ............................................................................................ 46 Appendix A — Wage Rates 2020 - 2022 ................................................................................................ 47 LongevityPay . ...................................................................................................................................... 47 Supervisor Incentive Pay .................................................................................................. 48 Midnight Supervisor Shift Differential Pay . ................................................................................ 48 Appendix B — Protective Vest Replacement Schedule ................................................................. 49 Appendix C — Maximum Out of Pocket Rates 2020 - 2022 ............................................................ 50 10 11 12 13 14 15 NEGOTIATED AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE METROPOLITAN ALLIANCE OF POLICE MOUNT PROSPECT POLICE SERGEANTS CHAPTER #85 PR F A MRT ,F This Agreement entered into by the Village of Mount Prospect, Cook County, Illinois, hereinafter referred to as the Employer, and the Metropolitan Alliance of Police Mount Prospect Sergeants Chapter #85, hereinafter referred to as the Chapter, to promote mutually beneficial relations between the Employer and the Chapter, and is set forth herein the full agreement between the parties concerning rates of pay, wages and other conditions of employment for bargaining unit members of the Village of Mount Prospect, as defined herein below and hereinafter referred to as "Sergeants" or "employees", or when the context requires a singular noun, as "Sergeant" or "employee." Formatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" 16 Section 1.1 .= Recognition ARTICLE Amrak"IL.7, %,xiod o. & -Representation: The Village recognizes the Chapter as the sole and exclusive bargaining agent with respect to wages, hours and other conditions of employment for all full time sworn police officers in the rank of sergeant employed by the Village of Mount Prospect. Excluded are all supervisory, managerial and confidential employees as defined by the Illinois Public Labor Relations Act; all sworn police officers above and below the rank of sergeant; all employees excluded from the definition of "peace officer" in Section 3(k) of the Illinois Public Labor Relations Act; and all other employees of the Village of Mount Prospect. Section 1.2 -;,–Fair Representation: The Union recognizes its responsibility as bargaining agent and agrees to fairly represent all employees in the bargaining unit. Section 1.3 ®Gender: Wherever the male gender is used in this Agreement, it shall be construed to include both males and females equally. Section 1.4 .—Chapter Sergeants: For purposes of this Agreement, the term "Chapter Officers" shall refer to the Chapter's duly elected: 1) President/Secretary and 2) Vice-President/Treasurer. 2 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Commented [BA3]: Move this to Article XVIII Seniority to be consistent with Patrol CBA, no change otherwise. Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 17 ARTICLE I — MANAGEMENT RIGHTSI Section 2.1 .= Manauement Riehts: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" It is understood that the management and the direction of the working force is vested Formatted: No underline exclusively to the Employer except as specified in the other Articles of this Agreement. It is the Employer's right to hire, demote, suspend or discharge; layoff, promote, assign or transfer employees to any j ob or any work, any time or anywhere; to increase or decrease the working force; to determine the number and size of the work shifts; to determine the number of employees assigned to any work or any job; to determine the hours of work per day or week; to make work rules for the purpose of efficiency, safe practices and discipline; to establish performance standards and to review employees under these standards; to determine the equipment to be used; to make technological changes; to determine the number and location of its operations; to move, close or liquidate its operations in whole or in part; to separate or reassign its employees in connection with said moving, closing or liquidating; the right to transfer; to subcontract work; to determine the duties and production standards; to combine jobs, to eliminate classifications or work; to require overtime work; and to fill new jobs and set a wage rate subject to negotiations over such wage rate. The rights and powers of management mentioned in this collective bargaining agreement do not list or limit all such powers, and the rights listed together with all other rights, powers and prerogatives of management, not specifically ceded in this Agreement remain vested exclusively in management. The exercise by management of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on management, shall not be the subject or basis of any grievance, shall not be admissible in any arbitration proceeding. The right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement, nor by any claim that management has claimed, condoned or tolerated any practice or any act or acts of any employees. No practice which has developed, either with or without the consent of the Employer, shall be considered part of this contract unless it is in writing and included in this contract. Nothing in this Article shall abrogate or alter any other Article of this Agreement. 18 ARTICLE II Section 3.1, Reduction In Force and Reinstatement: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" The Village in its discretion shall determine when and whether a reduction in force or Formatted: No underline reinstatement are necessary. If the Village so determines that these conditions exist, employees covered by this Agreement will be reduced or reinstated in accordance with their length of service with the Village as provided in Illinois Compiled Statutes, 65 ILCS 5/10-2.1-18. All affected Sergeants shall receive notice in writing of the layoff at least fifteen (15) calendar days in advance of the effective date of such layoffs. Any sergeants laid off pursuant to this section shall be placed into a patrol officer status by reverse length of service seniority. If the reassignment causes a surplus of authorized positions in the patrol rank, then a patrol officer may be laid off in reverse length of service seniority to make space for the laid off sergeant. 19 ARTICLE IV – NO STRIKE CLAUSE Section 4.1, No Strike Clause: Neither the Chapter nor any officers, agents or employees will instigate, promote, sponsor, engage in or condone any strike, sympathy strike, secondary boycott, slowdown, speed-up, sit-down, concerted stoppage of work, concerted refusal to perform overtime, concerted, abnormal and unapproved enforcement procedures or policies or work to the rule situation, mass resignations, mass absenteeism, or picketing which in any way results in the interruption or disruption of the operations of the Village, regardless of the reason for so doing. Each employee who holds the position of officer or steward of the Chapter occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In addition, in the event of a violation of this Section of this Article, the Chapter agrees to inform its members of their obligations under this Agreement and to direct them to return to work. Section 4.2 No Lockout: The Village will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Chapter. Section 4.3 a Judicial Restraint: Nothing contained herein shall preclude the Village or the Chapter from obtaining judicial restraint and damages in the event the other party violates this Article. Section 4.4.—DisciDline of Strikers: Any Sergeant who violates the provisions of Section 4.1 of this Article shall be subject to disciplinary action and statutory penalties. Any action taken by the Employer against any Sergeant who participates in any action prohibited by Section 4.1 above shall not be considered as a violation of this Agreement and shall not be subject to the provisions of the grievance procedure. Formatted: Heading 1, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 20 ARTICLE V — COMPENSATION AND HOURS OF WORK 14K T TORK Section 5.1® -Compensation: Formatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Compensation of the Sergeants covered by this Agreement of the Village of Mount Prospect Formatted: No underline shall be paid according to Appendix A attached hereto and by reference incorporated herein. Said compensation shall include base pay, longevity pay and supervisory incentive pay. Said compensation shall be effective January 1, and any and all retroactive pay shall be distributed to the Sergeants in a lump sum on or before 30 days after the date of execution of this Agreement. The retroactivey luglp sum is less gLny deductions (i.e. health insurance) gpplicable per the collective bargaining agreement. Section 5.2 -Duty Shifts and Patrol Work Schedule: A patrol Sergeant's standard duty schedule is four (4) ten (10) hour days followed by three (3) days off. Each Sergeant shall take a paid forty-five (45) minute break each duty shift whether or not the period is used for food consumption. A Sergeant who completes a full shift will be credited with ten (10) hours of "time worked" for purposes of calculating premium overtime as required under the Fair Labor Standards Act. If a Sergeant works a double shift, said Sergeant will be compensated an additional full eight (8) hours if he/she works the entire second shift. A Sergeant called in to work a short shift will be compensated for a full ten (10) hours if the entire shift is worked. The Sergeants shifts shall be defined as follows: A -Shift is 2200 hours to 0800 hours; B - Shift is 0600 to 1600 hours; and C -Shift is 1400 hours to 0000 hours. For purposes of calculating the accrual and use of paid time off, the parties agree each day shall consist of ten (10) hours, in keeping with the previous conduct of the parties, (i.e. vacation, personal, time due, sick time of any other authorized and paid time off). Patrol Sergeants shall have weekends off every other twenty-eight (28) day work cycle which will consist of days off being Sat/Sun/Mon or Fri/Sat/Sun. The parties agree that the provisions of this paragraph may be avoided only to accomplish the reasonable operational needs of the Department. The following shall be the procedure followed for the annual assignment of Patrol Sergeants to Patrol shifts: 1. In the annual shift bid process no Sergeant shall receive his/her last choice more than two (2) years in a row. Formatted: Heading 2 21 2. After a Sergeant has seven (7) full years of time in rank, that Sergeant shall not receive his/her last shift assignment choice. In the event, as a result of this section, there is a necessity to order a Sergeant to a particular short shift, then that order shall be accomplished by reverse seniority (time in rank). 3. After a sergeant has twelve (12) full years of time in rank, that sergeant shall receive his/her first choice preference of shift assignment by seniority (time in rank). Section 5.3: -Call Back: Any Sergeant covered by this Agreement who is called back to work on an assignment which does not continuously follow a Sergeant's regularly scheduled working hours shall be compensated a minimum of two (2) hours for each call back from the time when the Sergeant receives notice to return to work or the actual time worked, whichever amount is greater. In the event that an employee is off duty and is called back to duty, said employee shall be paid at the hourly rate of one and one-half (1 1/2) times the employee's regular hourly rate of pay, and shall be paid a minimum of two (2) hours of compensation. There shall be no pyramiding in calculating premium pay. Section 5.4® -Overtime: Consistent with Section 5.2 above, each Sergeant covered by this Agreement shall be compensated for all hours worked in excess of the Sergeant's scheduled shift per work day at the rate of time and one-half (1 1/2) the regular hourly rate of pay. Overtime is paid in quarter (1/4) hour increments with seven (7) minutes being rounded down and eight (8) minutes rounded up. For purposes of this Section, every Sergeant covered by this Agreement shall begin to earn overtime pay after working in excess of 7.5 minutes after the end of his/her shift. When overtime assignments for full "SHORT SHIFTS" (defined as a full duty shift which is below minimum manpower standards and requires the continuation of an on -duty Police Sergeant covered by this Agreement) are not filled on a voluntary basis and it becomes necessary to order an on -duty Sergeant to work, the on -duty Sergeant shall be chosen by reverse seniority in rank and shall be ordered to work a full eight (8) hour shift. If it becomes necessary to order an off-duty Sergeant to work, the off-duty Sergeant shall be chosen by reverse seniority in rank and shall be ordered to work a full ten (10) hour shift. No Sergeant shall be ordered to work more than one (1) shift holdover within three (3) consecutive calendar days unless the Sergeant agrees to do so. It is also agreed that the Chief of Police or his designee may deviate from these standards when they believe unusual circumstances exist or particularly qualified Sergeants are necessary. Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" 22 Section 5.5® -Hours Worked: "Hours worked" for purposes of calculating overtime or any other benefit shall include all hours actually worked and any paid leave of absence which shall include but shall not be limited to Sick Leave, Vacation Leave, Holiday Leave, Compensatory Time Off and any other authorized paid time off. Elective medical procedures that would require sick leave off during the key recognized holiday periods of Fourth of July, Thanksgiving, Christmas, and New Years Day will not be granted unless sufficient supervisory staffing is available to cover these periods on a regular duty basis where no overtime costs are incurred. Section 5.6e -Court Time: Employees shall receive time and one-half (1 1/2) for all Court time, and shall be paid for a minimum of three (3) hours per Court call; once in the morning and once in the afternoon if so scheduled. A Sergeant assigned to a specific Court call that continues on into another scheduled Court call will be paid at the time and one-half (1 1/2) rate for actual time in Court but shall not be entitled to an additional three (3) hour minimum. If a morning Court is continued to the afternoon call for a lunch break, the Sergeant will be paid overtime through the lunch break until completion of the original call. If a morning case is reassigned to the afternoon call by the Judge, a second three (3) hour minimum will be paid. Sergeants working the day shift who are in Court when, and after, their shift ends shall receive overtime and not a three (3) hour minimum. Midnight shift Sergeants attending court will receive the three (3) hour minimum court time benefit unless they are required to return to responsibilities connected to his/her duty shift responsibilities, afternoon shift Sergeants attending court will receive the three (3) hour minimum court time benefit. Sergeants reporting to a Court location other than the location normally assigned, shall have paid time computed when they sign out at the police headquarters if they are using a Village provided vehicle; further they shall be eligible for necessary and reasonable out of pocket expenses (i.e. parking, mileage) to travel to such different courts (e.g., Chicago). It is understood the Rolling Meadows Court is deemed a normal assignment. At remote court locations, overtime starts at sign in, just as at the Rolling Meadows court location, unless a Village provided vehicle was utilized by the affected Sergeant. Section 5.7 -Special Assignments: Special assignments shall be compensated at the rate of $45 per hour effective on the date of ratification of this Agreement or Award. Any change in payment amount will be applied at the time Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 23 of the actual work performed and not eligible for any retroactive pay calculations. Special assignments shall be equalized. The Village agrees that should it decide to charge an administrative fee in connection with these special assignments said fee shall be reasonable. Section 5.8 -Travel Time ComDensatlon: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" As to travel time, the Village agrees to compensate members for travel required by the department, which shall require travel to a point in excess of 150 miles from Mount Prospect (to include Champaign, Urbana) or those instances where the member is required to remain away overnight. Section 5.9 -Time-Due/ComDensatory Time: Employees may opt to have overtime and/or Court time placed on the individual Time Due Records at the rate of time and one-half (1 1/2) in lieu of monetary payment on the payroll check. Exception: Outside details in which the Village is receiving reimbursement at a flat rate or actual time and one-half (1 1/2) rate must be taken by the individual as monetary compensation on the payroll check. The Department will allow a maximum of fifty (50) hours to be carried over to the next calendar year without loss. Sergeants in excess of fifty (50) hours on the Time Due Book as of r r � November 1�5 each year will receive cash payment for all hours in excess of the fifty (50) hour maximum, said payment shall be included in the Semen 's last payroll in Decembe}r . Commanders will take the steps necessary to ensure adequate manpower for their shift prior to approving time due. Section 5.10 .® Exchanging Shift Assignments: Sergeants requesting to switch days off or switch duty tours with other Sergeants must submit written requests to the shift commander at least forty eight (48) hours in advance of the first scheduled change, absent emergency conditions. Emergency switches must carry the authorization of the Chief of Police or Deputy Chief or his designee. Sergeants may elect up to six (6) duty trade/switches during a calendar year that result in a double shift without any repayment obligation of the two (2) hour shift overlap. The requests shall not be honored if granting such a request would adversely affect police department operations. Section 5.11 Meetin Any Sergeant required to be at a mandatory meeting which immediately proceeds or follows his regularly assigned duty shift shall be compensated for a minimum of two (2) hours at time and Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Commented [BA4]: Change mirrors Patrol CBA, payout occurs in the year time due is earned. Commented [BA5]: Depositing TD in RHS deemed not feasible by 1CMA-RC. Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 24 one-half the Sergeant's hourly rate of pay. Any Sergeant covered by this Agreement required to be at a mandatory meeting on his/her day off shall be compensated for a minimum of two (2) hours at time and 1/2 the Sergeant's hourly rate of pay or five (5) hours straight time due. Said compensation payment or time to be at the Sergeant's discretion. Section 5.12 -Work Breaks: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" The Break period is considered on -duty time and personnel are considered to be available for Formatted: No underline any assignment during any break period. Section 5.13. ® Shift Schedule: -- Formatted: No underline Formatted: No underline Patrol Sergeants will be assigned to shifts annually based on a 4/10 schedule. Assignment to Formatted: Heading 2, Left, Line spacing: single, said shifts shall be governed by Section 5.2 herein. 3 5phenate, Tab stops: Not at o + 0.5 + 0.9 + 3.2 + 10 25 ARTICLE VI — UNION SECURITY AND DUES CHECK -OFF Section 6.1 Dues Deductions: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Upon receipt of proper written authorization from an employee, the Employer shall deduct each month's Chapter dues in the amount certified by the Treasurer of the Chapter from the pay of all Sergeants covered by this Agreement who, in writing, authorize such deductions. 4� %jR%,_r d" Said Commented [BA6]: MAP removed this language in the Patrol funds shall then be submitted to the Metropolitan Alliance of Police at the end of each month. CBA. Section 6... Indemni The Chapter hereby indemnifies and agrees to hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of, any action taken or not taken by the Employer for the purpose of complying with the provisions of this Article, and shall reimburse the Village for all legal costs that shall arise out of, or by reason of action, taken or not taken by the Village in compliance with the provisions of this Article, unless such action is initiated or prosecuted by the Village, except for purposes on enforcing this Section. Section 6.1 -Bulletin Boards: The Village shall provide the Chapter with designated space on available bulletin board(s), upon which the Chapter may post its official notices. Section 6.4.® -Labor-Management Meetings: The Chapter and the Employer agree that, in the interest of efficient management and harmonious employee relations, meetings will be held if mutually agreed between Chapter representatives and responsible administrative representatives of the Employer. Such meetings may be requested by either party at least seven (7) days in advance by placing in writing a request to the other for a "labor-management conference" and expressly providing the specific agenda for such conference. Such conferences, times and locations, if mutually agreed upon, shall be limited to: a. discussion on the implementation and general administration of this agreement; b. a sharing of general information of interest to the parties; and It is expressly understood and agreed that such conferences shall be exclusive of the grievance 11 Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" 26 procedure. Specific grievances being processed under the grievance procedure shall not be considered at "labor-management conferences," nor shall negotiations for the purpose of altering any or all of the terms of this Agreement be carried on at such conferences. Attendance at labor-management conferences shall be voluntary on the employee's part. Attendance at such conferences shall not interfere with required duty time and attendance, if during duty time, is permitted only upon prior approval of the employee's supervisor. The Village in its sole discretion shall determine its representatives at such meetings. 12 27 ARTICLE VII - VACATION Section 7.1.-® —Vacation Pro Full-time employees shall be entitled to vacation as set out below, based on continuous service of. Up to six (6) months service 40 hours Six (6) months to one (1) year 40 hours One (1) year to five (5) years 80 hours Five (5) years to six (6) years 96 hours Six (6) years to seven (7) years 104 hours Seven (7) years to ten (10) years 120 hours Ten (10) years to eleven (11) years 13 6 hours Eleven (11) years to twelve (12) years 144 hours Twelve (12) years to thirteen (13) years 152 hours Thirteen (13) years to eighteen (18) years 160 hours Eighteen (18) years to twenty (20) years 172 hours Twenty (20) years and up 184 hours Continuous service as utilized hereinabove shall be earned and calculated based on an employee's starting/anniversary date and shall mean any period of employment uninterrupted by separation. A normal full-time workday is considered to be ten (10) hours. Vacation shall be taken during the calendar year January 1st through December 31st. A maximum of two (2) years accrual shall be allowed to carry over from one calendar year to the next. The Chief of Police in determining the annual vacation schedule will take into consideration the desires of the individual employee, and in the event of conflict in employee scheduling, seniority will be considered. Employees entitled to more than eighty (80) hours vacation time shall be entitled to take it consecutively with the authority of the Chief of Police. Employees shall be entitled to split their allowable vacation into a maximum of four (4) units (a unit being a minimum of two (2) vacation days or more). Sergeants may use vacation time in addition to their four (4) splits with such time to be governed under the rules of personal time use. More than one (1) sergeant may be on vacation simultaneously on a shift as long as a sufficient number of supervisors (Commanders/Sergeants) are working to meet minimum supervisory requirements. 13 Formatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Formatted: Tab stops: 3.25", Centered + Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: Not Expanded by / Condensed by Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" 28 Section 7.2: Vacation Schedule: Regularly Scheduled Days Off (RDOs) shall not be considered part of a Sergeant's vacation leave for the purpose of determining the number of Sergeants on vacation. Section 7.3e Vacation Cash -in Payment: Sergeants who are eligible and request vacation cash -in payment, such payment shall be included in the Sergeant's regular payroll check with the last payroll in March and the first payroll in September. 14 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" 29 ARTICLE VIII — HOLIDAY AND PERSONAL TIME Formatted: Heading 1, Line spacing: single, Hyphenate, T T __ Tab stops: Not at 3.25" 1101A lF 71%1' VEFormatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Section 8jw— Holiday: - Formatted: No underline Full-time employees shall receive the following holidays: New Year's Day Labor Day Presidents' Day Columbus Day Memorial Day Thanksgiving Day Independence Day Christmas Day In the event that an employee works on any of the above days, he shall receive hourly pay at the rate of double time and one-half (2 1/2) hourly pay he would regularly receive for working. Any employee working in excess his/her regular duty shift on any of the above listed holidays, shall receive time and one-half (1 1/2) for hours worked plus one (1) hour of premium pay for every two (2) hours in excess of ten (10) hours worked on a holiday. In the event an employee works less than eight (8) hours on any of the above days, he shall receive the regular hourly pay for such hours for which he does not work, which non -working hours shall be calculated by subtracting the total hours worked from eight (8). In the event that an employee is not scheduled to work on a day on which a holiday falls, he shall nevertheless receive eight (8) hours pay for the holiday in addition to his time off. ion 8.2Personal Time: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Each full-time employee shall earn four (4) hours per month off with pay during the calendar \ year. Said time shall not be charged against vacation or sick time. To be eligible, an employee must schedule the time and receive the approval of his/her supervisor. All personal time not used may be carried over to the next calendar year without loss, up to a maximum of seventy-two (72) hours. Any hours above the maximum, shall be paid out in accordance with Section . 1 Commented [BA7]: Union Request 01.31.2020 Sergeants shall be allowed to schedule up to four (4) personal days per year to be utilized as vacation days (can require a hire back to cover selected shift). Section 8.3, Personal Time Cash -in Payment: 15 Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" 30 Sergeants who are eligible and request personal time cash -in payment, such payment shall be included in the Sergeant's regular payroll check with the last payroll in March and the first payroll in September. ARTICLE IX – LEAVE OF ABSENCE Section 9.1.—Absence from Work: Formatted: Heading 1, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" All absences from work due to illness must be reported to the Supervisor in charge at least two (2) hours prior to assigned working shift pursuant to department policy. ion 9.2 Sick Leave: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Each full-time employee shall earn eight (8) hours per month paid sick leave to be used when Formatted: No underline an Employee is physically unable to report to work. In the event that an Employee experiences a family emergency the Sergeant may, with the permission of the Chief or his designee, utilize Lsi-CA leave for the pLiMoses of caring for the Employee's immediate famil .___Employees ma utilize no i commented [BAs]: changes made to comply with Employee more than half the sick leave that would be accrued per year to care for a family member due to illness, sick Leave Act jur®,or a medical Lappointment. A familys defined as a spouse, stepchild, , father, sibling, mother-in-law, - - g e „aro I „� n ' . The parties further agree that upon request of the Chief of Police or his designee the employee must provide explanation or verification of family emergency, including proof that his/her presence was necessary a 4 „+ ,,� ®� .These hours shall be earned on a monthly basis, so that beginning with January of each year each employee on full-time active duty shall be credited with eight (8) hours sick leave at the end of the month. An individual may accumulate up to four hundred eighty (480) hours of unused sick leave. Prior to February 1 st of each year, the Village shall calculate how many sick hours above four hundred eighty (480) have been credited to and remain unused by any given employee as of December 31 st of the previous year. If between December 31 st of the previous year and the following January 15th, the employee shall have notified the Finance Department of the Village in writing of his/her desire to continue to accumulate in one or more groups of forty-eight (48) hours above four hundred eighty (480) that have remained unused during the previous year, such employees shall be allowed to accumulate such additional time above and beyond four hundred eighty (480) hours to a maximum of seven hundred sixty-eight (768) hours. In February of each year, the Village, shall compensate the employee at the rate of fifty percent 16 31 (50%) of the time accumulated above and beyond four hundred eighty (480) hours, or such other number of hours provided the Village has been notified such additional number to be accumulated and not compensated for as set forth hereinabove. If an employee elects to receive monetary compensation for sick hours above 480, the payment will be included in the employee's regular paycheck. As to questions raised concerning sick leave, employees may be required to obtain a medical release before returning to work after being off from work for three (3) or more consecutive working days their s illness. If there is a disputet the validily of the information in the medical release, the parties agree to follow the second and third opinion provisions of 29 CFR 825 307(b). commented [BA9]: Added to Patrol CBA per MAP'S request. In those instances where the Village finds it necessary, based on reasonable suspicion, to verify an illness, they will visit the home only after making a call and getting no response. They reserve, however, the right to use other procedures to, in fact, verify the reported illness, if necessary, but in so doing to attempt to recognize the dignity and rights of the parties involved. ection 9.3 .—Funeral Leave: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" The Village agrees to allow any employee up to three (3) days leave with pay in order to Formatted: No underline attend the funeral of anyone in the immediate family or to attend to necessary related matters. Said time off shall not be charged to an employee's accrued time off. The immediate family shall include: father, mother, foster -father, foster -mother, step -father, step -mother, step -children, brother, sister, step -brother, step -sister, spouse, children, grandparents, grandchildren, father-in-law, mother-in-law, brother-in-law, sister-in-law, or grandparents -in-law and includes a person who has an established civil union with the employee pursuant to Illinois law. ection 9.4 .—Military Leave: The Village will follow the minimum requirements upon applicable Federal or State laws as cited herein including, Illinois Service Member's Employment Tenure Act under Illinois Compiled Statutes 330 ILLS 60/4. Section 9.5 —Jury Du Police Sergeants are granted regular compensation for their regularly scheduled work days when serving on jury duty. 17 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 32 ARTICLE X — EDUCATION BENEFITS Section 10.1 Travel and Meetin ense Allowances: The Village, upon the Chief s approval shall reimburse Sergeants for professional conferences and training seminars, providing such funds are available. Conventions, seminars, workshops, and conferences, generally of a national scope or regional (multi -state), gathering of national groups may be attended by Sergeants if the gathering of national groups is specifically related to his technical area. In all cases, specific approval by the Chief of Police is necessary. State-wide conventions, seminars, workshops and conferences may be attended by Sergeants. Attendees may include Sergeants who can be shown to have an interest in the gathering which directly relates to his/her area of work with specific approval of the Chief of Police. Any Sergeant attending any conferences, meeting, seminar or convention and being reimbursed by the Village or on Village payroll is expected to conduct themselves in a manner as if they were still at work. Any improper conduct will be treated as if it occurred during regular working hours. 18 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" 33 ARTICLE XI — GRIEVANCE PROCEDURE Formatted: Heading 1, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Formatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Section 11.1 -;—Definition: Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, A grievance is a difference of opinion between an employee and the Village with respect to Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + g Pg p 3.511 the meaning or application of the express terms of this Agreement excluding matters within the jurisdiction of the Board of Fire and Police Commissioners. Section 11.2 Procedure for Grievance: — commented [BA10]: MAP requested to change from five (s) days to seven (7) days in Patrol CBA, changes mirror Patrol CBA. Recognizing that it is to the benefit of all concerned to raise and settle grievancespromptly,a g g g Formatted: Heading 2, Left, Line spacing: single, grievance must be raised within s (1-5) calendar days of the time the grievant becomes aware Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + of the facts giving rise to the grievance. 3.5" Formatted: No underline STEP ONE: The employee, with or without a Chapter representative, may take up a grievance with his/her assigned Unit Commander within v (—) days of its occurrence. The Unit Commander shall then attempt to adjust the matter and shall respond within s v (1-5) days after such discussion. If the grievance is adjusted at Step One, the Unit Commander shall notify the Chief and Chapter representative in writing within ten (10) days thereafter the nature of the grievance and its resolution. STEP TWO: If not adjusted in Step One, the grievance shall be reduced to writing and presented by the Chapter to the Chief of Police within ten (10) days following the receipt of the Unit Commander's answer in Step One. The Chief of Police shall attempt to adjust the grievance as soon as possible, and therefore will schedule a meeting with the employee, his/her immediate Unit Commander, and Chapter Representative within ten (10) days after receipt of the grievance from the Chapter. The Chief of Police shall then render a decision, based on the supplied information during the meeting, within ten (10) days of the meeting. STEP THREE: If the grievance is not adjusted in Step Two, the grievance shall be submitted to the Village Manager or his designated representative within s v (1-5) days of the receipt from the Chief of Police of his response to the Step Two procedure. A meeting shall be held at a mutually agreeable time and place and participants shall discuss the grievance and hopefully come to an equitable solution. If a grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the parties. If no settlement is reached, the Village Manager, or his designated representative, shall give the Chapter the Employer's answer within ten (10) days following their meeting. CTFP FOT TR a. If the Chapter is not satisfied with the decision of the Village Manager, the Chapter may appeal the grievance to arbitration by notifying the Village Manager in writing within ten (10) days 19 34 after receipt of the Village Manager's response in Step 4. Within ten (10) days of receipt of such request the Chapter and/or the Village shall request a list of seven (7) arbitrators who shall be members in good standing of the National Academy of Arbitrators from the Federal Mediation and Conciliation Service (FMCS). Both the Village and the Chapter shall have the right to strike three (3) names from the panel. The order of alternate striking shall be determined by a coin toss, with the losing party starting by striking a name first. The person remaining shall be the arbitrator. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. The arbitrator shall fix the time and place of the hearing which shall be as soon as possible after his selection subject to the reasonable availability of Chapter and Village representatives. The Arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing subject to the availability of Chapter and Village representatives. The Village and Chapter shall have the right to request the Arbitrator to require the presence of witnesses or documents. Both parties may retain the right to employ legal counsel. b. The power of the arbitrator shall be limited to the interpretation and application of the written terms of this Agreement. In no event may the terms and provisions of the Agreement be deleted, modified or amended by the arbitrator. He shall consider and decide only the specific issue raised by the grievance as originally submitted in writing to the Village, and shall have no authority to make his decision on any issue not so submitted to him. The arbitrator shall submit in writing his decision within thirty (30) calendar days following close of the hearing or submission of briefs by the parties, whichever is later, unless the parties agree to an extension. In the event the arbitrator finds a violation of the Agreement, he shall determine an appropriate remedy. The decision of the arbitrator shall be final and binding on the parties. No decision or remedy of the arbitrator shall be retroactive beyond the period specified in Step 1 of this grievance procedure. ion 11.3 Fees and Exbenses of Arbitration: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" The fee and expenses of the arbitrator and the cost of the written transcript, if requested by Formatted: No underline both parties, shall be divided equally between the Village and the Chapter provided, however, that each party shall fully bear the expense of preparing and presenting its own case including the costs of witnesses and other persons (not employed by the Village) it requires to attend the arbitration. Should only one party request a transcript, that party shall pay for the cost of the transcript. Section 11.4 .= General Rules: a. Any decision not appealed by the employee or the Chapter 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. However, time limits at each step may be extended by mutual written agreement of the Chapter and the Village. 20 Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" 35 b. No matter or action shall be treated as a grievance unless a grievance is filed in accordance with this Article. c. No grievance settlement made as a result of the grievance procedure shall contravene the provisions of this Agreement. Section 11.5 Notice of Union Representation: Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, The Chapter shall certify to the Village the names of those Sergeants who are designated as Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + p Y g g g 3.511 unit representatives. These Sergeants shall be the only employees authorized to function as representatives on each respective shift and division. Section 11.6 a Definitions: - Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Days, as referred to in this Article shall mean Monday through Friday, excluding holidays Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.511 and weekends. Section 11.7 ®Miscellaneous Grievance Provision: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" All grievances shall set forth the specific grievance and contract provisions involved as well Formatted: No underline as the relief sought. All meetings shall take place in a manner which does not interfere with Village operations. Neither the grievant nor his representative shall be entitled to any overtime payments for time spent in processing or investigating a grievance. 21 36 ARTICLE X11 - DISCIPLINE Section 12.1, w—Procedure of Discipline: If the Village has reason to discipline an employee, it will take into consideration methods to do so which would not unduly embarrass the employee before other fellow employees or members of the public. Section 12.2 0 A 10 Discharge/Investigations:, 0 0 0 F,sWnDiSCiD1ine and I I M, TOM W eMployee's failure to fulfill his/her responsibilities as an employee. Where the ViLla y,e believes just cause exists to institute disciplinaKy action it shall have the consistent with the principles of timely progressive discipline imosed for the PuKpose of encouraging corrective eMployee action, to assess an Upropriate penalty which include the following penalties Oral Reprimand., Written Reprimand-, Suspension; or Ten -n i nnfi on - Formatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.511 Formatted: No underline Formatted: Heading 2, Indent: Left: 0", First line: 0", Right: 0", Space Before: 0 pt Commented [BA11]: Edits mirror MAP'S changes to Patrol CBA. Any disciplinary action or measure other than an oral and written reprimand iMposed upon an eMployee shall be subject to review and appeal as provided for in this Agreement. An oral and written reprimand shall not be subject to arbitration or to review by the Board of Fire and Police Commissioners. However, an eMployee is entitled to write a response to any oral or written reprimand and that response will be attached to the corresponding- discjpjine. The Union shall have-theright to file grievances conceming discipline covering suspension without pay, and/or termination, or an eMployee may choose the hearing process by the Board of Fire and Police Commissioners. Filing of a Formatted: Not Highlight grievance shall act as a waiver by the eMployee involved of the right -to challenge the .same matter before the Board of Fire and Police Commissioners. A form containing_Such .specific waiver shall be executed by the employee prior to filing --- a --- grievance. Seeking review by the Board of Fire and Police Commissioners shall act as a waiver by the Union and eMployee involved of the right to challenge the same matter in the -grievance process. 2-0 AOV1F'J"`j`"`Y "v"m ii quy JLO 0 V U_L1L0kA1LVL1 JL_R %J (4jL %A %J IL I 111XI11001 0 LtVVM_L %-MY& "T"T "FF"' c)� vv . 1 'L `FY vvTTvuvrx ""F"'Ll"Y %.,%,L I'LL fjLLJLJLJL& L%j LILIL%, JLL JLO ta-MLL 111 tJLJL%" %.1V%ALjLk1 L11V %_�kj1_t'L11LJL1OO'L%J1JL -L%JJL Ctlly r -h U%J JLJLLt V %.' _v -vjL %., L Mx ta-tv P" -L Lavo "&IV%., La-mLL -1 %,-L LJLVJLV TT "I"F""'Y L"L%JJLJ L` Atnfl INIch ft -VII. IN] 1W T;" rr ;0C111z3h0 r%*. air—lates nalati-iscr to eaust .ZXJL� %_JJLJL%.'VLUAVV _L CJLJL"-LJL UV "FF'""' 0 % "'FL"' L J L 22 37 Formatted: Body Text, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" --- 1---- ®1 - - -. - - -- - -- -A-_11 1-- 1"1--1 - °``- P- -- " - -' - _1 _1__11 1-- - - ' 1- -11 - Section 12.3 Written Reprimand: In cases of written reprimand, notation of such reprimand shall become a part of the employee's personnel file and a copy given to the employee. Section 12.4. Purge of Personnel File: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Any written reprimand shall be removed from the employee's record, if, from the date of the last reprimand, eighteen (18) months have passed from the date of the incident resulting in the written reprimand sought to be purged without the employee receiving any additional written reprimands or disciplines. The parties agree that the removal of reprimand shall be on the written notice of the affected employee. Not -withstanding the above, record of such discipline may be introduced when relevant at a disciplinary proceeding before the Board of Fire and Police Commissioners or arbitrator, whichever is applicable. Section 12.5, Personnel File: 23 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 38 The Village agrees to abide by the lawful requirements of the "Access to Personnel Records Act," contained in Illinois Compiled Statutes, 820 ILCS 40/1. 24 39 ARTICLE X111 — INVESTIGATIONS CONCERNING SERGEANTS Ivc- -a--d -K J�L f% -' 0 x19T (-' FJZN 1 L 19 A-0 -- S Ed- ED G E A TT T -F - %. XTS Section 13.1, w—Right to Investigate: The Village agrees to abide by the lawful requirements of the Illinois Compiled Statutes 50 ILCS 725/1. Section 13.2.—Right to Representation: Any Sergeant interviewed regarding any matter which may result in discipline against the Sergeant shall be entitled to representation by either a Union representative or Union attorney. ection 13.3. Review of Recorded Medi review the surveillance (e.g-,- video audio, or other recorded medium) relevant to the d • iscipline if the surveillance evidence is both:the possession or control of the EMployer andrelied o EMployer in mal,,,ing the discipline decision at issue. 25 Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.911 + 3.211 + 3.511 Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.511 Commented [BA12]: Mirrors Patrol CBA: Added per MAPS request. Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.911 + 3.211 + 3.511 Formatted: No underline 40 ARTICLE XIV — MEDICAL AND LIFE INSURANCE Section 14.1, ° The Village agrees to maintain in full force and effect for the life of this Agreement, a health insurance benefits program for full-time employees. GG 99 9 FLFJUEYUCUUTWIA7 FrEaR as SE) (In 111aA 66 75 GG ', a 111 -In ' rn 99 1JL& III ZI9 7 7 wan4® r�rc.4ra VillageThe I continueinsurancebenefits available to full timeserggants theirand s. The Village reserves the right to changegr and hospitalization insurance s s coveragesubstantially similarv--- available s® i®S Agreement. Included in the above, the VillageS S i,,.®ht to maintain or institute cost containment measures relative to insuranceS Sor benefit levels, as longas-the new basiccoverage-andS are substantially -thisof Agrggmentfered,eMployees may elect qppropriate coverageS establishedthe enrollment period y the Village. The amount of an y 'S Uplicable monthly medical insurance premium contribution during the term of this Agreement shall not exceed the amount of the gpplicable monthly insurance full-timepremium required of other-regglar non -represented S. Each employee, upon becoming eligible for the above coverage, shall receive a policy and descriptive literature describing the health insurance benefits and the procedures for utilizing them. Employee's contribution towards the insurance benefits program shall be as follows: �Le ►Y/�e1MM—is WVA to s.l�e�.\9 u..k.�■■r. ...leu/ �.�—r s��i�/� dua��7I■t' 0.�..� r" 26 Formatted: Tab stops: 3.25", Centered + Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Commented [BA13]: Proposed changes in this section mirror changes from the Patrol CBA. Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 41 f I i l1 11711 W 5A VAM■ _ kI 1 r;. 1 ' 1 r; 1 ► R �I r A ITITVTilk0-:2 MIMMAN w ,, A' ♦ -fL#■1/■�/f fart/fir/ll#rl M 4 r'r A '� ITITLI&O111a.._I�4,,11 s, 11a=vwl! A ra ,, 1 WAII 1 RPM • A 1I 1 ... y. Om 1 f... d # s # III1 . #IIPII R_ # r # qffI. '.. M r'- l "I" . wl-I'I%l �IR1 111.+ f I i l1 11711 W 5A VAM■ � # �#aui��i�►1ii1#!"MLAZAIJ�AA.UJAS w ,, A' ♦ -fL#■1/■�/f fart/fir/ll#rl r'r A '� ITITLI&O111a.._I�4,,11 s, 11a=vwl! A ra ,, 1 WAII 1 RPM • A 1I 1 ... y. Om 1 f... d # s # R #' R #' R_ # r # man r r r ra A I A I 1 AgfjriyA.MVAF. A. Mill � / r : I '�. w + + w +r• �" l►/�71ls�jnri+��i%i► �lr,1i11r+ f I i l1 11711 W 5A VAM■ s iiVA wILsLOA ia�il�� a`.�iif clii� VA#u # r f t # 1 RPM r man r r r ra A. A AgfjriyA.MVAF. A. 27 Formatted Table 42 Effective January 1, 2020: Monthly Premiums Single Discount (10%)* Coveraae Type/Co-Pay Type Single +1 Discount (20%)* Single Discount (10%)* Family Discount (30%)* Single +1 Discount (20%)* Specialist Doctor Co -pa Emergency Room Visit Co -Pay Family Discount (30%)* Ifigumaj suit Doctor Co -pay Specialist Doctor Co -pa Emergency Room Visit Co -Pay *Discount rate available for eligible employees who satisfV the conditions of participating in the wellness program. See Wellness Participation Rewards section below. Effective January 1, 2021: 11 000�� #�� Monthly Premium HMO Plan I I PPO Plan 2 HMO Plan 2 28 Formatted Table 43 Single Discount (10%)* Single +1 Discount (20%)* Family Discount (30%)* Doctor Co -pay Specialist Doctor Co -pa Emergency Room Visit Co -Pay Ifigumaj suit Wellness Particination Rewards section below. 28 Formatted Table 43 ®Effectives The _monthtV_for 2022 will_-t_exceed rates below. Formatted: Font: Italic , p." ►, I . MENUADM= One-half of the employee's portion of the monthly premium costs shall be deducted from the employee's pay each pay period up to twenty-four (24) times per year. The co -pay amounts for employees apply to both the PPO/indemnity and HMO insurance programs. Employees who participate in the HMO will receive insurance coverage as dictated by the HMO provider. •rTSWWA i•"AIN WMWOMr • wool i �' UTA Wo WWWWWWWurlf ' ,•r 1 IWAIWTOi, r A. • aY ► r ^ n. A . . r ., Ay Ci .a�.... A "ILWAMin ; ■. * IMALAl * ,. y. Single Discount (10%)* ! • ', +w ', Single +1 Discount (20%)* Family Discount (30%)* , ►. Doctor Co -pay Specialist Doctor Co -pa Emergency Room Visit Co -Pay Wellness ParticipationRewards secti1 below. One-half of the employee's portion of the monthly premium costs shall be deducted from the employee's pay each pay period up to twenty-four (24) times per year. The co -pay amounts for employees apply to both the PPO/indemnity and HMO insurance programs. Employees who participate in the HMO will receive insurance coverage as dictated by the HMO provider. •rTSWWA i•"AIN WMWOMr • wool i �' UTA Wo WWWWWWWurlf ' ,•r 1 IWAIWTOi, r A. • aY ► r ^ n. A . . r ., Ay Ci .a�.... A "ILWAMin ; ■. * IMALAl * ,. y. t + .. �,...A 1 W i A I' _ . .. %J,A f r . rt The Village of Mount Prospect shall be allowed to raise the maximum out-of-pocket expenses for PPO Plans to the following: 2% of the employee's pensionable pay for single coverage and 4% of the employee's pensionable pay for family coverage. The maximum out of pocket levels shall be established as illustrated in Appendix C. The Village shall offer the biometric blood draw annually and employees may participate in the blood draw scheduled at the Village or at approved remote locations. Human Resources has the listing of the approved remote locations, in the instances when the employee 29 Formatted Table 44 and spouse cannot directly participate in the blood draw scheduled at the Village. Spouses must also participate in the biometric testing and meet the criteria established below to order to qualify for the family insurance premium discount. Employees and spouses participating in the Village's health insurance plans must annually coMplete the biometric blood draw and health risk assessment(s) to be eligible for the wellness insurance premium discount. The biometric test consists of at least a 37 -panel evaluation tincluding coronary risk assessment, blood count, and chem -screen profile), blood pressure screening, waist circumference and height and weight measure,ments-.. The purpose of the biometric tes 9 . and health risk assessment is to alert participants at an early stage of possible health issues and to prevent the issues from becoming catastrophic illnesses. The results are strictly confidential.EF" 4,p, "J" F""Ll'"'J", 0 1L1L%J1LJL1L%.' %WOO kilI -I I I V T-Tpn1+1-%xz Dn"rvp A -Nm-,+ r%f+Upk *"Lin v ah Q 1 AD I Plead I essiffe A- I I X -V I %j Y %.1 %' 0 "11 %41 %-P I a F %J " 0 %.1 a L111"L "k.1 IlkfLl ULIL%.� -T ky"L' kil- 'III LII% -1 JLJL%.1"ILXI.Y JLELIA6%.' JLIA'Z.Y OLIII U%., -L%JIL LIX%.' LjLI-".Y F"""F"' -III n1'1+;-WT12JXr *V%n"Elge-F Fa*ge. The Village V wi44shall not have any information as to what areas any employee or spouse may be deemed to be in an unhealthy range nor wi4shall the Village have any knowledge of any treatment. The information the Village will receive is only aggregate data if participants if t1fl%e spouse -meet the healthy range criteria. L 1 0 11WU Wellness discounts wi44shall apply annually provided the criteria above wi-s-are met. The discounts wi44shall be airmlied to monthly insurance premium charges in the following amounts: of applied — 1 ()0/- f�1r_SjR11,Q IfIXTI.Inll. f1l -2AO/- f�ll 4:�1111;1�1 11111�lnllch Tf n" r%d-%XTQhj�nrVQh 411LIXT &JLV VMVVIC4E'V %.Yl Ik'x I-CZI-IIII.Y " L` 'CM1;rV;'k1c% ffN*- n oi"rvlem ;f -N"lxr Alc% VVML4jL"-& I.IML. "V VII8IL"I%' I-kjL LL "'6' "8v "O"LL " %JJL'A-y L--L-L%' F"ILjLVIF"L'%"%A -III L" Effective Date (Health Insurance Plan Year) Single Cgygrage Single + I Coverne Family Cqygra e l/l/2020 l/l/2021 l/l/2022 If an erpnployee has sijjylv,-+--1-or ivgible��ingle coverage discount if only the eMployee participated in the biometric program. 30 IFormatted: Left 45 PPO Prescription Drug Card: The prescription co -payment amounts shall be as follows: Effective Date Generic Prescription Formulary Prescription Brand Non -Formulary Brand Prescription 1/1/ $20.00 $50.00 $ 1/1/ $20.00 $50.00 $85.00 1/1/ $20.00 $50.00 $85.00 HMO Prescription Drug Card. The prescription co -payment amounts shall be as follows: Effective Date Generic Prescription Formulary Prescription Brand Non -Formulary Brand Prescription 1/1/ $20.00 $50.00 $75,0085.00 1/1/ $20.00 $50.00 $85.00 1/1/ $20.00 $50.00 $85.00 General Prescription Drug Card Information (applicable to both PPO and HMO plans). Mail order drug prescriptions shall be available to employees to purchase up to a ninety (90) day supply with the employee paying the appropriate co -pay amount that corresponds to the classification of the prescription be it generic, non -formulary, or formulary. All mail order prescription drugs shall be paid by the employee in an amount of two (2) times the appropriate prescription co -pay level depending on the classification of the prescription drug ordered. Prescription drugs that are considered Specialty drugs as determined bys i i benefits manager shall have a $350 co -payment amount. . Prior to submitting a specialty drug prescription for payment the prescription must be pre - authorized. If the prescribed drug is determined to be a maintenance and non -elective drug the co- payments that corresponds to the classification of the prescription be it generic, non -formulary, or formulary shall apply and not the $350--cQ7pa 0 VV It'll Ilki . The Employer has the discretion to select insurance carriers, provided that benefits are similar to those benefits in effect as of execution. Section 14.2, Life Insurance: 31 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 46 The Village shall supply each Sergeant covered by this Agreement with term life insurance with a face amount equal to fifty thousand dollars ($50,000). Effective I/l/2021, will equal to one times the employee's annual salary rounded to the next higher multiple of $1,000 if not already a multiple of $1,000. The maximum amount is $300,000. Said insurance shall be at no cost to each covered employee. If available from the life insurance provider of the Village, employees shall have the option of purchasing up to an additional $ of life insurance above the amount provided by the Village provided the additional insurance coverage is at the employee's cost. Section 14.3.—Continuation of Benefit: When an Sergeant is killed in the line of duty, the Village will pay the full premiums for the continuance of the then current health insurance for the spouse and minor children up to the age of eighteen (18) and shall continue to pay such premiums for a period of twenty-four months from the Sergeant's date of death or until the spouse and minor children are covered under a separate health insurance plan, unless required to provide a greater benefit under state or federal law. Section 14.4, Retiree Health Insurance Prouram: The Village agrees to offer for purchase to all retired bargaining unit employees of the Village of Mount Prospect Police Department, with a minimum of twenty (20) years of service to the Village, health insurance as currently provided to members covered by this Agreement. The parties agree that should a retired employee choose to continue his/her health insurance, he/she is eligible only for the then current benefits provided bargaining unit employees, and that retiree is also responsible for payment of one hundred percent (100%) of the premiums for those benefits. The parties agree that retired employees of the Village of Mount Prospect Police Department shall be subject to changes in coverage and benefit levels as negotiated from time to time between the Employer and the Chapter. Section 14.5. -;-Retiree Health Savings Plan: Upon retirement, employees who meet the eligibility requirements and have accumulated Sick Leave must participate in the Retiree Health Savings (RHS) Plan. Eligibility for participation is defined as an employee who retires with at least twenty (20) years of service with the Village. Provided the employee is eligible to participate, the Village shall deposit up to four hundred and eighty (480) hours or sixty (60) days of sick leave converted to a dollar value using the employee's regular rate of pay into the RHS for the employee's use as defined by the regulations outlined by the administrator. If an employee has accumulated sick leave hours above the four hundred and eighty (480) hours, but below the seven hundred and sixty-eight (768) maximum number of sick leave hours, the Village shall deposit into the employee's RHS account fifty (50)% of the value of the sick leave hours between four hundred and eighty (480) and seven hundred and sixty-eight (768) calculated on the employee's 32 Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2 Formatted: No underline Formatted: No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers 47 regular hourly rate of pay. If an employee leaves the Village's employment, and does not meet the eligibility requirement for converting sick leave into the T RHS, accumulated sick leave hours shall not be paid out at time of termination of employment for any reason. PersonalAt retirement, accumulated Vacation Time and S into the eMployee's RES account at 100% value. Section 14.6 -;-Retiree Health Savings Plan — Annual Contribution: Formatted: Heading 2, Left, Line spacing: single, Don't keep with next, Don't keep lines together, Hyphenate, Tab stops: Not at 0" Employees shall contribute forty-eight (48) hours of accumulated sick leave which shall be Formatted: No underline converted to a cash equivalent of twenty -fours (24) hours annually into an Retiree Health Savings (RHS) account. If the employee does not have a minimum of forty-eight (48) hours of accumulated sick leave available for contribution into the RHS account the contribution will not be made for the calendar year. ,Sick time hours accumulated above the maximum of 768 are, converted at a rate of 50% cash equivalent r r r Village's r Sellback r RES account. Sections 14.7. -i-Personal Phvsical Fitness Testin Formatted: Font: CG Times, 12 pt, Condensed by 0.15 pt Formatted: Normal, No bullets or numbering Formatted: Font: CG Times, 12 pt, Condensed by 0.15 pt Formatted: Heading 2, Left, Line spacing: single, Don't keep with next, Don't keep lines together, Hyphenate, Tab stops: Not at 0" The Mount Prospect Police Department will conduct bi-annual voluntary physical fitness Formatted: No underline testing. This testing will be based on the Cooper Model, also known as the POWER Test, as used by the State of Illinois basic training academies. Employees who meet or exceed the Cooper Fitness Standards shall receive a one-time ten (10) hour bonus per calendar year at their straight time pay rate as an incentive. No employee shall be subject to disciplinary action for failing to meet the standards or goals of the physical fitness program described herein. If necessary, a Sergeant may participate in two bi-annual voluntary physical fitness tests per year, and who otherwise would be off duty, shall be compensated at a minimum of two (2) hours at their straight time pay rate, or for the actual hours in attendance as a participant, whichever is greater. The maximum payout of straight time due awarded in any calendar year will be ten (10) hours. Section 14.8.—Section 125/Flex Plan Participation: The Village shall maintain a Flexible Compensation Plan whereby employees will be able to defer pre-tax earnings into individual spending accounts to be used for un -reimbursed medical expenses, dependent care costs up to a specified limit, and additional life insurance (provided such is applicable under IRS regulations). Employees shall elect to participate in the program annually 33 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" Formatted: No underline 48 and within thirty-one (3 1) days of hire for new employees. 34 49 ARTICLE XV — DRUG AND ALCOHOL TESTING Section 15.1, Drug and Alcohol Testing -L Formatted: Heading 2 Formatted: No underline The Village may require eMployees to submit to a urinalysis test and/or other appropdate,,, Formatted: Font: Not Bold drug and/or alcohol testing at a time and place designated by the Villagewhenthe Police Chief Formatted: Indent: First line: 0.5" designee)_ believes there is sufficient cause for such testing, defined for purposes of this section as "reasonable suspicion". The primary basis of the "reasonable suspicion" shall be veLbally identified prior to the eMployee's submission to the test and will be documented in mifting generally within 24 hours thereafter. The Village also may require eLnployees to participate in random drug_ testing, provided that any such program 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). If random tesling procedures are qpplemented, Lap to fifty -percent (50%) of the eMployees in the bargaining unit are tested during each calendaLyear. Prohibitions. Use, sale, -purchase, delivery, or possession of illegal drugs �including cannabis or cannabis - infused substanc6 at any time and at any place, whether on or off th gjob- Commented [BA14]: Added during Patrol Negotiations abuS e of prescribed drugs; failure to report to the Chief or his designee --- aLiy known adverse side effects of medication or prescription drug the employee is taking that is reasonably expected to affect the eMployee's performance; consuMption or possession of alcohol while on duty; orbeing impaired bv or under the influence of alcohol while on dutv is -prohibited. Officers who consume Commented [BA15]: Added during Patrol Negotiations and directedbythe Chief of Police (or des i gnceAwdl not�h��pline�-for-that-r�ms-on alone. MM, ITMM- ffm M-inimi-sto ��MMW MxMI'MMMIM0. MEWSWIM MI FRIM16 1110MMORIGIM11 v.nd without fear of retaliation. It is understood an after the fact -wquest-- for assistance will not .-L.xcuse q4vrior volicv. CBA--*rovi s ion .2.nij'Jor Violations. A policy violation or positive test result will be just cause for disciplinar action, including dismissal if warranted by the facts involved. Section 1 Formatted: No underline Formatted: Heading 2 Pursuant to the Illinois Police and Community Relations Improvement Act, drug ---- and -4 Formatted: Font: Not Bold alcohol testingalso will be required (even in the absence of reasonable suspicion) and coMpleted Formatted: Indent: First line: 0.5" 910711"1 EMPIMM-Wormm- UBMI incident that results in death or injury to a person. The Union agrees its members shall be required to abide by the EMployer's General Order that is in effect at the time of ratification of this CBA regaxding___"Rgvortiny,__ and Investigation of Incidents Involving Subject Resistance and Officer Use of Force" and all other Provisions of this 35 50 WMrM&TsMMj(Mjff6MMW A", vm' �s mmmil be construed in a manner that satisfies Public Act 100-389 (the "Act") and any other law that Pursuant to the Act, an officer is considered "involved in" a shooting when the officer discharged a --firearm thereby causing- inlWy- or deathto aperson orpersons. If multiple officers discharged their firearms, and it is unclear whose bullet struck the person or persons, then all officers who discharged their firearm in the direction of the subject shall be required to submit to, drua-and alcohol testim - ----- Bysontrastthe-Picrs who dd i -hrase "involved in" does not include eoff not discharge ... their vvea�n,even if they ... were__Mviding ... other forms ofsvMort and assistance duringthe call. Nor does the term "Involved in" include officers who dischawtheir weApons when it is undeniably clear their projectiles did not actually strike any person or persons. I evil 0 �40mojs it BMWIMME m memo Such OIS testina shall only-be-donebyurinalysis or breathalym . .... Blood testing will not occur for an OTS required test under this Section 15.2 unless compelledby ... law. This does not limit the Employer's right to obtain test results via other available legal processes. The samples, testing, and results shall only be used for internal administrative -PuLrposes, including disciplinaEy action when awro-oriate and as required by law. Except as necessary to enforce the D/A Policy or when reqWred-bv--Iaw--(e.g.---subnoena or warrant), the Employer will -not shareariv-test-sarnples or results of testing with any entity or person. 36 51 ARTICLE XVI — DISABILITY AND RETIREMENT BENEFITS Formatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" JLA--JJIL X IL LJ Section 165.1, ® Employee Disability/PEDA: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Any employee injured on the job shall continue to receive his/her regular salary for up to one Formatted: No underline (1) year, without charge to his/her sick leave days. Employees shall sign and deliver any Workers' Compensation or similar payments to the Village while receiving the salary continuation benefits of this Article as required by law. At such time as the Village feels an employee is permanently disabled, the Village may refer the matter to the Board of Fire and Police Commissioners or a designated arbitrator depending on which party retains authority for such determinations. 37 52 ARTICLE XVI – UNIFORM BENEFITS Section 176.1, ® Benefits: The Village agrees to provide each employee with a uniform allowance as follows: $650 shall be provided to the employee on their first regular payroll check in June of each year of this Agreement. The Village will determine the style and make of the prescribed uniform and equipment. To the extent that uniforms and equipment, in the opinion of the Village, become unserviceable in the line of duty, other than from normal wear and tear, the Village will replace the item without any charge against the uniform allowance. The employee shall be required to stand inspection and perform his job in the uniform prescribed with the equipment specified. Plainclothes Sergeants will stand inspection in the uniform prescribed at the time they went on plainclothes detail. If the uniform is changed, the Village shall buy the first issue (which shall not exceed one), unless the Village allows a twelve (12) month period between notice and mandatory effective date in which case the employee shall bear the expense of the change. Guns and leather shall be treated specially. If the Village specifies a new gun or leather for the future and specifies an effective date, it must bear the cost. If, however, no date is established, all new employees shall buy the prescribed equipment and any employee buying a replacement gun or leather shall buy the prescribed items. Section 176.2, —Protective Vests: The Employer agrees that it will replace protective vests for participating Sergeants on an as - needed basis using a five (5) year schedule based on the dates reflected in Appendix "B" attached hereto and incorporated herein. The parties further agree that if the Village purchases a protective vest for an Sergeant covered by this Agreement, then that Sergeant agrees that he/she shall wear that protective vest as part of his/her everyday uniform unless the affected Sergeant receives a written exception from the Chief or his designee. 38 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" 53 ARTICLE XVII — OFF DUTY EMPLOYMENT Formatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Section 187.1, ® Employment Outside Department: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" The Parties agree that the current restrictions placed on outside employment shall remain in Formatted: No underline full force and effect during the term of this Agreement, as provided for in Department policy ADM - 104. 39 54 ARTICLE XVH1X – SENIORITY Section 198.1, ® Seniori The parties agree that they shall abide by the seniority rules as outlined under applicable Illinois law as amended. �►' 1 � � 1 1 � 1 �'' i;l of the Dromotion to sergeant. ection 198.3—Maintenance of Seniority List: Formatted: Heading 1, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Formatted: No underline Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" f o e) year fro the ate �"\ � Formatted: Not Expanded by / Condensed by Formatted: No underline Commented [BA16]: Move language to Article XVIII `Senority' to be consistent with Patrol CBA A current and up-to-date seniority list showing the names and length of service, with the department and time in rank, of each Police Sergeant shall be maintained for inspection by members and shall be updated on a semi-annual basis and shall be utilized in assisting the assignments of shifts pursuant to Section 5.2 of this Agreement. 40 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 55 ARTICLE XIX BOARD OF FIRE AND POLICE COMMISSIONERS — T T Section .1 Board of Fire and Police Commissioners: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" The parties recognize that the Village of Mount Prospect Board of Fire and Police Formatted: No underline Commissioners has certain statutory authority over employees covered by this Agreement, including but not limited to the right to make, alter and enforce rules and regulations and impose disciplinary sanctions. Nothing in this Agreement is intended in any way to replace and diminish any such authority provided the Board of Fire and Police Commissioners is a duly authorized board by the Village. 41 56 ARTICLE XX —MATERNITY/PATERNITY/REASONABLE ACCOMMODATION Section 210.1. ;---Maternitv/' Sergeants who are pregnant or have a disability related to pregnancy, childbirth and/or common medical conditions related to pregnancy or childbirth are entitled to time off and other privileges to the same extent as officers who take time off for other non -work related medical conditions. Time off taken under this Section and another leave policy will run concurrently when both apply. Those Sergeants also are entitled to receive a reasonable accommodation to assist them in the performance of the essential job functions of their position provided it does not create an undue hardship to the Department's ordinary business operations. These issues are addressed on a case-by- case basis according to the applicable state and federal laws. EMployees who need time the birth of a child also may receive time off pursuant to the Village's FMLA policy. 42 Commented [BA17]: Patrol CBA language was changed to mirror Sergeant Maternity Leave language. In that process, the title was changed and a sentence was added at the end referencing FMLA. Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: No underline 57 ARTICLE XXI — FAMILY MEDICAL LEAVE JFM We, -EV,® !]1",z7p [Formatted: Left . , Section 22-1.1, ® Family Medical Leave (FMLA): Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" It is understood by the parties that the Village must comply with the laws and applicable Formatted: No underline regulations of the Family Medical Leave Act, as amended regardless of conflicting terms of this Agreement. 43 58 ARTICLE XXII — SAVINGS CLAUSE Section 2 .1. ® SavinLys Clause: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" In the event any Article, Section or portion of this Agreement should be held invalid and Formatted: No underline unenforceable by any board, agency or Court of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof specifically specified in the board, Court or agency decision; and upon issuance of such a decision, the Village and the Chapter agree to notify one another and to immediately begin negotiations on a substitute for the invalidated Article, Section or portion thereof. 44 59 ARTICLE XXIII — ENTIRE AGREEMENT Section 23.1, Entire Agreement: Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" This Agreement constitutes the complete and entire Agreement between the parties and Formatted: No underline concludes collective bargaining between the parties for its term. This Agreement supersedes and cancels all prior practices and agreements, whether written or oral, which conflict with the express terms of this Agreement. If a past practice is not addressed in this Agreement, it may be changed by the Employer as provided in the management rights clause, Article II. 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 ordinance from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. The Chapter specifically waives any right it may have to decision, impact or effects bargaining for the life of this Agreement. 45 60 TICLE XXV - TERMINATION Section 24.1, Termination: Formatted: Heading 1, Left, Line spacing: single, Hyphenate, Tab stops: Not at 3.25" Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" This Agreement shall be effective as of the day after it is executed by both parties and shall Formatted: No underline remain in force and effect until December 31, . It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations, if any, shall begin no later than sixty (60) days prior to the expiration date. Executed this day of , 2W&2021 METROPOLITAN ALLIANCE OF VILLAGE OF MOUNT PROSPECT POLICE, MOUNT PROSPECT CHAPTER 85 President, Metropolitan Alliance of Police President Mount Prospect MAP, Chapter #85 46 Mayor Arlene A. Juracek Village Clerk Karen Agoranos 61 Appendix A — r °' --Wage Rates 2020 - 2022 Formatted: Heading 1, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Font: 12 pt Sergeant Wage Schedule - 1 Top Patrol Officer Base Pay Certified Police Officer Incentive $ 1 03,621 $98-,984106J42 $ ,725 Sergeant Salary Calculation $45,499103,621 $99-,-G94106,142 $449,42-3108,725 X 20% 20% 20% Subtract Certified Police Officer Incentive Base Pay $44,R- '075124345 $ $ , $2,800 $2,800 $2,800 Sergeant salaries will be twenty (20) percent above top patrolman salaries Retroactive pay from date of execution of award back to January 1, shall be paid within thirty (30) days of the execution and ratification of the contract. Said retroactive pay shall include all straight, overtime, holiday hours and compensable hours worked. This includes Sergeants who have elected to retire during periods of negotiation after the current contract has expired. The retroactive s less anv deductions (i.e. health insurance) aDDlicableDer the collective bamainina R, orldiladill Longevity Pay: r .iiu '� b I Completed Years of Service 5 years — 9 years 47 Annual Longevity Pay $600 Formatted: Indent: Left: 0", First line: 0" ----------------------------------------- Formatted: Body Text, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2, Left, Hyphenate, Tab stops: Not at -1" + -0.5" + 0" Formatted: No bullets or numbering Formatted: Indent: Left: 0" -------------------------------------- Formatted: Indent: Left: 0.25", No bullets or numbering 62 Formatted Table 1 -Jan 1 -Jan 1 -Jan 0Q1 7 1 244-92022 $93-,996100,821 5- 103342 --52-3105 925 $2,800 $2,800 $2,800 $ 1 03,621 $98-,984106J42 $ ,725 Sergeant Salary Calculation $45,499103,621 $99-,-G94106,142 $449,42-3108,725 X 20% 20% 20% Subtract Certified Police Officer Incentive Base Pay $44,R- '075124345 $ $ , $2,800 $2,800 $2,800 Sergeant salaries will be twenty (20) percent above top patrolman salaries Retroactive pay from date of execution of award back to January 1, shall be paid within thirty (30) days of the execution and ratification of the contract. Said retroactive pay shall include all straight, overtime, holiday hours and compensable hours worked. This includes Sergeants who have elected to retire during periods of negotiation after the current contract has expired. The retroactive s less anv deductions (i.e. health insurance) aDDlicableDer the collective bamainina R, orldiladill Longevity Pay: r .iiu '� b I Completed Years of Service 5 years — 9 years 47 Annual Longevity Pay $600 Formatted: Indent: Left: 0", First line: 0" ----------------------------------------- Formatted: Body Text, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.5" Formatted: Heading 2, Left, Hyphenate, Tab stops: Not at -1" + -0.5" + 0" Formatted: No bullets or numbering Formatted: Indent: Left: 0" -------------------------------------- Formatted: Indent: Left: 0.25", No bullets or numbering 62 10 years — 14 years_ 15years — 19 years_ 20years and beyond $700 $800 $900 is 100111110PIKU WIWI' IMAM 1 31 and the employee is on the eMployer's payroll at that time. Longevity payments shall be included with the eMployee's regular payroll check for the first payroll in December. uvervisor Incentive Pav: L41LXL4L4-L �y X -, %J X I -'� ky ky ki "-L'L'L'L L4"'L IL J Tr1"1-1n*-XT 1 IM Q 0 Lt-LIL t4Lt-L Y JL Y., %J JL U I lxvwx I Il- ex T i "ILIL4"k $51000 annually. All bargaining unit employees shall be entitled to Supervisor Incentive pay immediately upon promotion to the rank- of Sergeant. t Supervisor Shift Differential $3,900 annually eligible for the Sergeant whose annual shift assignment is the Midnight Shift. 48 Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.511 Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Heading 2, Left, Line spacing: single, Hyphenate, Tab stops: Not at 0" + 0.5" + 0.9" + 3.2" + 3.511 Formatted: Not Expanded by / Condensed by 63 Appendix B — Protective Vest Replacement Scheduleit ' Commented [BA18]: Insert new schedule. XTUVr Formatted Table T T%4ADV Formatted Table A 1 X -L 141 -L-j 9 XI -L JLIA T 1 '3 l2 -,I %-Y/l 1 Q A --f 11 U 84-6 9/24 ---------------------------------------- TQ JLX-L 3L %-. "I JL JL X -LA 1�14 JL1%.TT� JL 1 f)/Xj/1 1 JL /! 1 () (�-.11, " 64-5 &20 1kT T TX V v 1--j-1 11X- -L / X -L //'7 124-9 2A23 A 1®T O' IK11 07 K K- 11r, 7 K-32l'i'd P /1) IJOA T 4 It A C` A TT 1®T =�X%LX-LN-17 KL '45 LVL -1 q /Z/1 001 -Y / t -, / t -1 -1 -L 946 8Q4 A%IX "5 -L-JA�A�7/1/10012I /k / JL --If --If -1p kj/ t Vy 4�24 -N R F"LV-LI�ILJ L IVXX%--IXXI I -L -A -j 1/2 IL Z-/ -Y ky// ()Q IL -1 -X U 64-5 640 Formatted: Indent: Left: 0", First line: 0" Full Name DOH LAST VEST NEXT VEST 4 Formatted Table RAUS, FRANK R. 10/1/1998Formatted Table KANUPKE, JOSEPH F. 1/2/2001 TWEEDIE, BART E. 6/11/2002 KIDD, DANIEL A. 3/22/2004 10/20/2008 3/15/1991 SCHAPS, LEE R.,7/1/1993 MEISTER, MICHAEL A. 12/30/1998 JUHL JONATHAN W. / / Commented [BA19]: Change to 7/5/2000 (3.8.2021) RONDEAU, CHRISTOPHER HER P. L7/5/200® 2017 2022 _--- Commented [BA20]: Change to 5/1/2002 (3.8.2021) FILIPEK, SCOTT M. 10/16/2006 49 64 AUUendix C — Maximum Out of Pocket Rates 2020 - 2022 -OL Wage Range 2% Single 4% Family $201000 $291999 $600 $11200 $301000 $391999 $800 $11600 $4000 $491999 $1,000 $21000 $50,000 $591999 $1,200 $21400 $60,000 $691999 $1,400 $29800 $701000 $791999 $1,600 $31200 $80,000 $891999 $100 $31600 $9000 $991999 $200 $41000 $100,000 $109,999 $2,200 $4,400 $110,000 $1191999 $2,400 $400 Formatted: Heading 1, Centered, Line spacing: single, Hyphenate, Tab stops: Not at 1.5" + 3.25" — Formatted: Font: 12 pt InsurancePPO Plan 2 Health e Formatted: Left 50 65 r, r r r, r r r ,r r r\• r, r W Y r ■ r r 1 r • r r r f ■ r. r �+ r r R i. r . r a r * f �,� f r Y i r i i� \ w1wa WANr / ww AralwALY0,74 rf, ri if r r* 111 f If r �.... 51 Commented [BA21]: Incorporated into CBA— Article XV — Drug and Alcohol Testing Formatted: Tab stops: 3.25", Centered 66 52 67 53 68 RESOLUTION NO. -21 A RESOLUTION TO APPROVE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE METROPOLITAN ALLIANCE OF POLICE MOUNT PROSPECT SERGEANTS CHAPTER #85 (TERM OF JANUARY 1, 2020 THROUGH DECEMBER 31, 2022) WHEREAS, the duly authorized representatives of the Village of Mount Prospect in good faith have negotiated a three- year collective bargaining agreement ("Agreement") with the Metropolitan Alliance of Police Mount Prospect Sergeants Chapter #85 concerning wages, hours, terms, and other conditions of employment for the term January 1, 2020 through December 31, 2022; and WHEREAS, the agreement has been lawfully and properly ratified by the membership of the Metropolitan Alliance of Police Mount Prospect Sergeants Chapter #85; and WHEREAS, the corporate authorities of the Village of Mount Prospect determined that it was in the best interests of the Village of Mount Prospect to authorize the "Agreement" between the Village of Mount Prospect and the Metropolitan Alliance of Police Mount Prospect Sergeants Chapter #85 and made part of this resolution as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, have reviewed and approved the "Agreement" between the Village of Mount Prospect and the Metropolitan Alliance of Police Mount Prospect Sergeants Chapter #85 attached as Exhibit "A" and made part of this Resolution. SECTION TWO: The Village Clerk shall transmit a certified copy of this Resolution to the President of the Metropolitan Alliance of Police Mount Prospect Sergeants Chapter #85. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of March, 2021 Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk 69 NEGOTIATED AGREEMENT BETWEEN THE METROPOLITAN ALLIANCE OF POLICE MOUNT PROSPECT SERGEANTS CHAPTER #85 AND THE VILLAGE OF MOUNT PROSPECT January 1, 2020 through December 31,2022 70 TABLE OF CONTENTS PREAMBLE................................................................................................................................1 ARTICLE I - RECOGNITION......................................................................................................2 Section 1.1 Recognition & Representation: ............................................................. 2 Section 1.2 Fair Representation: ............................................................................... 2 Section1.3 Gender: ................................................................................................... 2 Section 1.4 Chapter Sergeants: ................................................................................ 2 ARTICLE II — MANAGEMENT RIGHTS.....................................................................................3 Section 2.1 Management Rights: .............................................................................. 3 ARTICLE III - LAYOFF...............................................................................................................4 Section 3.1 Reduction In Force and Reinstatement: ............................................... 4 ARTICLE IV — NO STRIKE CLAUSE.........................................................................................5 Section 4.1 No Strike Clause: .................................................................................... 5 Section4.2 No Lockout: ............................................................................................ 5 Section 4.3 Judicial Restraint: .................................................................................. 5 Section 4.4 Discipline of Strikers: ............................................................................. 5 ARTICLE V — COMPENSATION AND HOURS OF WORK........................................................6 Section 5.1 Compensation: ....................................................................................... 6 Section 5.2 Duty Shifts and Patrol Work Schedule: ................................................ 6 Section5.3 Call Back: ................................................................................................ 7 Section5.4 Overtime: ................................................................................................ 7 Section 5.5 Hours Worked: ........................................................................................ 8 Section5.6 Court Time: ............................................................................................. 8 Section 5.7 Special Assignments: ............................................................................ 8 Section 5.8 Travel Time Compensation: ................................................................... 9 Section 5.9 Time-Due/Compensatory Time: ............................................................. 9 Section 5.10 Exchanging Shift Assignments: ............................................................ 9 Section5.11 Meetings: ................................................................................................ 9 Section5.12 Work Breaks: ........................................................................................ 10 Section 5.13 Shift Schedule: ..................................................................................... 10 ARTICLE VI — UNION SECURITY AND DUES CHECK-OFF...................................................11 Section 6.1 Dues Deductions: ................................................................................. 11 Section6.2 Indemnity: ............................................................................................. 11 Section 6.3 Bulletin Boards: .................................................................................... 11 Section 6.4 Labor -Management Meetings: ............................................................. 11 71 ARTICLE VII - VACATION.......................................................................................................13 Section 7.1 Vacation Program: ............................................................................... 13 Section 7.2 Vacation Schedule: .............................................................................. 14 Section 7.3 Vacation Cash -in Payment: ................................................................. 14 ARTICLE VIII — HOLIDAY AND PERSONAL TIME..................................................................15 Section8.1 Holiday: ................................................................................................. 15 Section 8.2 Personal Time: ...................................................................................... 15 Section 8.3. Personal Time Cash -in Payment: ........................................................ 15 ARTICLE IX— LEAVE OF ABSENCE......................................................................................16 Section 9.1 Absence from Work: ............................................................................ 16 Section9.2 Sick Leave: ........................................................................................... 16 Section 9.3 Funeral Leave: ...................................................................................... 17 Section 9.4 Military Leave: ...................................................................................... 17 Section9.5 Jury Duty: ............................................................................................. 17 ARTICLE X — EDUCATION BENEFITS....................................................................................18 Section 10.1 Travel and Meeting Expense Allowances: .......................................... 18 ARTICLE XI — GRIEVANCE PROCEDURE.............................................................................19 Section 11.1 Definition: ............................................................................................. 19 Section 11.2 Procedure for Grievance: .................................................................... 19 Section 11.3 Fees and Expenses of Arbitration: ...................................................... 20 Section 11.4 General Rules: ...................................................................................... 20 Section 11.5 Notice of Union Representation: ......................................................... 21 Section11.6 Definitions: ........................................................................................... 21 Section 11.7 Miscellaneous Grievance Provision: .................................................. 21 ARTICLE XII - DISCIPLINE......................................................................................................22 Section 12.1 Procedure of Discipline: ...................................................................... 22 Section 12.2 Discipline and Discharge/investigations: ........................................... 22 Section 12.3 Written Reprimand: .............................................................................. 22 Section 12.4 Purge of Personnel File: ...................................................................... 23 Section 12.5 Personnel File: ...................................................................................... 23 ARTICLE XIII — INVESTIGATIONS CONCERNING SERGEANTS..........................................24 Section 13.1 Right to Investigate: ............................................................................. 24 Section 13.2 Right to Representation: ...................................................................... 24 Section 13.3 Review of Recorded Media..................................................................24 ARTICLE XIV — MEDICAL AND LIFE INSURANCE................................................................25 Section 14.1 Medical Insurance: ............................................................................... 25 Section 14.2 Life Insurance: ...................................................................................... 28 72 Section 14.3 Continuation of Benefit: ....................................................................... 29 Section 14.4 Retiree Health Insurance Program: ..................................................... 29 Section 14.5 Retiree Health Savings Plan: ............................................................... 29 Section 14.6 Retiree Health Savings Plan — Annual Contribution: ......................... 30 Section 14.7 Personal Physical Fitness Testing: ..................................................... 30 Section 14.8 Section 125/Flex Plan Participation: ................................................... 30 ARTICLE XV — DRUG AND ALCOHOL TESTING...................................................................31 Section 15.1 Drug and Alcohol Testing: ................................................................... 31 Section 15.2 Drug and Alcohol Testing Following an Officer Involved Shooting: .............................................................................................. 31 ARTICLE XVI — DISABILITY AND RETIREMENT BENEFITS.................................................33 Section 16.1 Employee Disability/PEDA:..................................................................33 ARTICLE XVII — UNIFORM BENEFITS....................................................................................34 Section17.1 Benefits: ................................................................................................ 34 Section 17.2 Protective Vests: .................................................................................. 34 ARTICLE XVIII — OFF DUTY EMPLOYMENT..........................................................................35 Section 18.1 Employment Outside Department: ...................................................... 35 ARTICLE XIX — SENIORITY.....................................................................................................36 Section 19.1 Seniority: ............................................................................................... 36 Section 19.2 Probationary Period: ............................................................................ 36 Section 19.3 Maintenance of Seniority List: ............................................................. 36 ARTICLE XX — BOARD OF FIRE AND POLICE COMMISSIONERS.......................................37 Section 20.1 Board of Fire and Police Commissioners: .......................................... 37 ARTICLE XXI — MATERNITY/PATERNITY/REASONABLE ACCOMMODATION ...................38 Section 21.1 Maternity/Paternity/Reasonable Accommodation: ........................ mm.38 ARTICLE XXII —FAMILY MEDICAL LEAVE(FMLA)...............................................................39 Section 22.1 Family Medical Leave(FMLA):............................................................39 ARTICLE XXIII — SAVINGS CLAUSE......................................................................................40 Section 23.1 Savings Clause: .................................................................................... 40 ARTICLE XXIII — ENTIRE AGREEMENT.................................................................................41 Section 23.1 Entire Agreement: ................................................................................ 41 73 ARTICLE XXV - TERMINATION...............................................................................................42 Section24.1 Termination: ......................................................................................... 42 Appendix A — Wage Rates 2020 - 2022.................................................................................43 LongevityPay: ............................................................................................................. 43 Supervisor Incentive Pay: ........................................................................................... 43 Midnight Supervisor Shift Differential Pay: ............................................................... 43 Appendix 6 — Protective Vest Replacement Schedule.........................................................44 Appendix C — Maximum Out of Pocket Rates 2020 - 2022 ...................................................45 74 NEGOTIATED AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE METROPOLITAN ALLIANCE OF POLICE MOUNT PROSPECT POLICE SERGEANTS CHAPTER #85 PREAMBLE This Agreement entered into by the Village of Mount Prospect, Cook County, Illinois, hereinafter referred to as the Employer, and the Metropolitan Alliance of Police Mount Prospect Sergeants Chapter #85, hereinafter referred to as the Chapter, to promote mutually beneficial relations between the Employer and the Chapter, and is set forth herein the full agreement between the parties concerning rates of pay, wages and other conditions of employment for bargaining unit members of the Village of Mount Prospect, as defined herein below and hereinafter referred to as "Sergeants" or "employees", or when the context requires a singular noun, as "Sergeant" or "employee." 75 ARTICLE I - RECOGNITION Section 1.1 Recognition & Representation: The Village recognizes the Chapter as the sole and exclusive bargaining agent with respect to wages, hours and other conditions of employment for all full time sworn police officers in the rank of sergeant employed by the Village of Mount Prospect. Excluded are all supervisory, managerial and confidential employees as defined by the Illinois Public Labor Relations Act; all sworn police officers above and below the rank of sergeant; all employees excluded from the definition of "peace officer" in Section 3(k) of the Illinois Public Labor Relations Act; and all other employees of the Village of Mount Prospect. Section 1.2 Fair Representation: The Union recognizes its responsibility as bargaining agent and agrees to fairly represent all employees in the bargaining unit. Section 1.3 Gender: Wherever the male gender is used in this Agreement, it shall be construed to include both males and females equally. Section 1.4 Chapter Sergeants: For purposes of this Agreement, the term "Chapter Officers" shall refer to the Chapter's duly elected: 1) President/Secretary and 2) Vice-President/Treasurer. PA 76 ARTICLE II — MANAGEMENT RIGHTS Section 2.1 Management Rights: It is understood that the management and the direction of the working force is vested exclusively to the Employer except as specified in the other Articles of this Agreement. It is the Employer's right to hire, demote, suspend or discharge; layoff, promote, assign or transfer employees to any j ob or any work, any time or anywhere; to increase or decrease the working force; to determine the number and size of the work shifts; to determine the number of employees assigned to any work or any job; to determine the hours of work per day or week; to make work rules for the purpose of efficiency, safe practices and discipline; to establish performance standards and to review employees under these standards; to determine the equipment to be used; to make technological changes; to determine the number and location of its operations; to move, close or liquidate its operations in whole or in part; to separate or reassign its employees in connection with said moving, closing or liquidating; the right to transfer; to subcontract work; to determine the duties and production standards; to combine jobs, to eliminate classifications or work; to require overtime work; and to fill new jobs and set a wage rate subject to negotiations over such wage rate. The rights and powers of management mentioned in this collective bargaining agreement do not list or limit all such powers, and the rights listed together with all other rights, powers and prerogatives of management, not specifically ceded in this Agreement remain vested exclusively in management. The exercise by management of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on management, shall not be the subject or basis of any grievance, shall not be admissible in any arbitration proceeding. The right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement, nor by any claim that management has claimed, condoned or tolerated any practice or any act or acts of any employees. No practice which has developed, either with or without the consent of the Employer, shall be considered part of this contract unless it is in writing and included in this contract. Nothing in this Article shall abrogate or alter any other Article of this Agreement. 3 77 ARTICLE III - LAYOFF Section 3.1 Reduction In Force and Reinstatement: The Village in its discretion shall determine when and whether a reduction in force or reinstatement are necessary. If the Village so determines that these conditions exist, employees covered by this Agreement will be reduced or reinstated in accordance with their length of service with the Village as provided in Illinois Compiled Statutes, 65 ILCS 5/10-2.1-18. All affected Sergeants shall receive notice in writing of the layoff at least fifteen (15) calendar days in advance of the effective date of such layoffs. Any sergeants laid off pursuant to this section shall be placed into a patrol officer status by reverse length of service seniority. If the reassignment causes a surplus of authorized positions in the patrol rank, then a patrol officer may be laid off in reverse length of service seniority to make space for the laid off sergeant. 4 78 ARTICLE IV — NO STRIKE CLAUSE Section 4.1 No Strike Clause: Neither the Chapter nor any officers, agents or employees will instigate, promote, sponsor, engage in or condone any strike, sympathy strike, secondary boycott, slowdown, speed-up, sit-down, concerted stoppage of work, concerted refusal to perform overtime, concerted, abnormal and unapproved enforcement procedures or policies or work to the rule situation, mass resignations, mass absenteeism, or picketing which in any way results in the interruption or disruption of the operations of the Village, regardless of the reason for so doing. Each employee who holds the position of officer or steward of the Chapter occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In addition, in the event of a violation of this Section of this Article, the Chapter agrees to inform its members of their obligations under this Agreement and to direct them to return to work. Section 4.2 Nn Lockout: The Village will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Chapter. Section 4.3 Judicial Restraint: Nothing contained herein shall preclude the Village or the Chapter from obtaining judicial restraint and damages in the event the other party violates this Article. Section 4.4 Discipline of Strikers: Any Sergeant who violates the provisions of Section 4.1 of this Article shall be subject to disciplinary action and statutory penalties. Any action taken by the Employer against any Sergeant who participates in any action prohibited by Section 4.1 above shall not be considered as a violation of this Agreement and shall not be subject to the provisions of the grievance procedure. 5 79 ARTICLE V — COMPENSATION AND HOURS OF WORK Section 5.1 Compensation: Compensation of the Sergeants covered by this Agreement of the Village of Mount Prospect shall be paid according to Appendix A attached hereto and by reference incorporated herein. Said compensation shall include base pay, longevity pay and supervisory incentive pay. Said compensation shall be effective January 1, 2020 and any and all retroactive pay shall be distributed to the Sergeants in a lump sum on or before 30 days after the date of execution of this Agreement. The retroactive pay lump sum is less any deductions (i.e. health insurance) applicable per the collective bargaining agreement. Section 5.2 Duty Shifts and Patrol Work Schedule: A patrol Sergeant's standard duty schedule is four (4) ten (10) hour days followed by three (3) days off. Each Sergeant shall take a paid forty-five (45) minute break each duty shift whether or not the period is used for food consumption. A Sergeant who completes a full shift will be credited with ten (10) hours of "time worked" for purposes of calculating premium overtime as required under the Fair Labor Standards Act. If a Sergeant works a double shift, said Sergeant will be compensated an additional full eight (8) hours if he/she works the entire second shift. A Sergeant called in to work a short shift will be compensated for a full ten (10) hours if the entire shift is worked. The Sergeants shifts shall be defined as follows: A -Shift is 2200 hours to 0800 hours; B - Shift is 0600 to 1600 hours; and C -Shift is 1400 hours to 0000 hours. For purposes of calculating the accrual and use of paid time off, the parties agree each day shall consist of ten (10) hours, in keeping with the previous conduct of the parties, (i.e. vacation, personal, time due, sick time of any other authorized and paid time off). Patrol Sergeants shall have weekends off every other twenty-eight (28) day work cycle which will consist of days off being Sat/Sun/Mon or Fri/Sat/Sun. The parties agree that the provisions of this paragraph maybe avoided only to accomplish the reasonable operational needs of the Department. The following shall be the procedure followed for the annual assignment of Patrol Sergeants to Patrol shifts: 1. In the annual shift bid process no Sergeant shall receive his/her last choice more than two (2) years in a row. 2. After a Sergeant has seven (7) full years of time in rank, that Sergeant shall not 6 80 receive his/her last shift assignment choice. In the event, as a result of this section, there is a necessity to order a Sergeant to a particular short shift, then that order shall be accomplished by reverse seniority (time in rank). 3. After a sergeant has twelve (12) full years of time in rank, that sergeant shall receive his/her first choice preference of shift assignment by seniority (time in rank). Section 53 Call Rack_ Any Sergeant covered by this Agreement who is called back to work on an assignment which does not continuously follow a Sergeant's regularly scheduled working hours shall be compensated a minimum of two (2) hours for each call back from the time when the Sergeant receives notice to return to work or the actual time worked, whichever amount is greater. In the event that an employee is off duty and is called back to duty, said employee shall be paid at the hourly rate of one and one-half (1 1/2) times the employee's regular hourly rate of pay, and shall be paid a minimum of two (2) hours of compensation. There shall be no pyramiding in calculating premium pay. Section 5.4 Overtime: Consistent with Section 5.2 above, each Sergeant covered by this Agreement shall be compensated for all hours worked in excess of the Sergeant's scheduled shift per work day at the rate of time and one-half (1 1/2) the regular hourly rate of pay. Overtime is paid in quarter (1/4) hour increments with seven (7) minutes being rounded down and eight (8) minutes rounded up. For purposes of this Section, every Sergeant covered by this Agreement shall begin to earn overtime pay after working in excess of 7.5 minutes after the end of his/her shift. When overtime assignments for full "SHORT SHIFTS" (defined as a full duty shift which is below minimum manpower standards and requires the continuation of an on -duty Police Sergeant covered by this Agreement) are not filled on a voluntary basis and it becomes necessary to order an on -duty Sergeant to work, the on -duty Sergeant shall be chosen by reverse seniority in rank and shall be ordered to work a full eight (8) hour shift. If it becomes necessary to order an off-duty Sergeant to work, the off-duty Sergeant shall be chosen by reverse seniority in rank and shall be ordered to work a full ten (10) hour shift. No Sergeant shall be ordered to work more than one (1) shift holdover within three (3) consecutive calendar days unless the Sergeant agrees to do so. It is also agreed that the Chief of Police or his designee may deviate from these standards when they believe unusual circumstances exist or particularly qualified Sergeants are necessary. 7 81 Section 5.5 Hours Worked: "Hours worked" for purposes of calculating overtime or any other benefit shall include all hours actually worked and any paid leave of absence which shall include but shall not be limited to Sick Leave, Vacation Leave, Holiday Leave, Compensatory Time Off and any other authorized paid time off. Elective medical procedures that would require sick leave off during the key recognized holiday periods of Fourth of July, Thanksgiving, Christmas, and New Years Day will not be granted unless sufficient supervisory staffing is available to cover these periods on a regular duty basis where no overtime costs are incurred. Section 5.6 Court Time: Employees shall receive time and one-half (1 1/2) for all Court time, and shall be paid for a minimum of three (3) hours per Court call; once in the morning and once in the afternoon if so scheduled. A Sergeant assigned to a specific Court call that continues on into another scheduled Court call will be paid at the time and one-half (1 1/2) rate for actual time in Court but shall not be entitled to an additional three (3) hour minimum. If a morning Court is continued to the afternoon call for a lunch break, the Sergeant will be paid overtime through the lunch break until completion of the original call. If a morning case is reassigned to the afternoon call by the Judge, a second three (3) hour minimum will be paid. Sergeants working the day shift who are in Court when, and after, their shift ends shall receive overtime and not a three (3) hour minimum. Midnight shift Sergeants attending court will receive the three (3) hour minimum court time benefit unless they are required to return to responsibilities connected to his/her duty shift responsibilities, afternoon shift Sergeants attending court will receive the three (3) hour minimum court time benefit. Sergeants reporting to a Court location other than the location normally assigned, shall have paid time computed when they sign out at the police headquarters if they are using a Village provided vehicle; further they shall be eligible for necessary and reasonable out of pocket expenses (i.e. parking, mileage) to travel to such different courts (e.g., Chicago). It is understood the Rolling Meadows Court is deemed a normal assignment. At remote court locations, overtime starts at sign in, just as at the Rolling Meadows court location, unless a Village provided vehicle was utilized by the affected Sergeant. Section 5.7 Special Assignments: Special assignments shall be compensated at the rate of $45 per hour effective on the date of ratification of this Agreement or Award. Any change in payment amount will be applied at the time 8 82 of the actual work performed and not eligible for any retroactive pay calculations. Special assignments shall be equalized. The Village agrees that should it decide to charge an administrative fee in connection with these special assignments said fee shall be reasonable. Section 5.8 Travel Time Compensation: As to travel time, the Village agrees to compensate members for travel required by the department, which shall require travel to a point in excess of 150 miles from Mount Prospect (to include Champaign, Urbana) or those instances where the member is required to remain away overnight. Section 5.9 Time-Due/Compensatory Time: Employees may opt to have overtime and/or Court time placed on the individual Time Due Records at the rate of time and one-half (1 1/2) in lieu of monetary payment on the payroll check. Exception: Outside details in which the Village is receiving reimbursement at a flat rate or actual time and one-half (1 1/2) rate must be taken by the individual as monetary compensation on the payroll check. The Department will allow a maximum of fifty (50) hours to be carried over to the next calendar year without loss. Sergeants in excess of fifty (50) hours on the Time Due Book as of November 15 each year will receive cash payment for all hours in excess of the fifty (50) hour maximum, said payment shall be included in the Sergeant's last payroll in December. Commanders will take the steps necessary to ensure adequate manpower for their shift prior to approving time due. Section 5.10 Exchan2in2 Shift Assignments: Sergeants requesting to switch days off or switch duty tours with other Sergeants must submit written requests to the shift commander at least forty eight (48) hours in advance of the first scheduled change, absent emergency conditions. Emergency switches must carry the authorization of the Chief of Police or Deputy Chief or his designee. Sergeants may elect up to six (6) duty trade/switches during a calendar year that result in a double shift without any repayment obligation of the two (2) hour shift overlap. The requests shall not be honored if granting such a request would adversely affect police department operations. Section 5.11 Meetings: Any Sergeant required to be at a mandatory meeting which immediately proceeds or follows his regularly assigned duty shift shall be compensated for a minimum of two (2) hours at time and one-half the Sergeant's hourly rate of pay. Any Sergeant covered by this Agreement required to be at 9 83 a mandatory meeting on his/her day off shall be compensated for a minimum of two (2) hours at time and 1/2 the Sergeant's hourly rate of pay or five (5) hours straight time due. Said compensation payment or time to be at the Sergeant's discretion. Section 5.12 Work Breaks: The Break period is considered on -duty time and personnel are considered to be available for any assignment during any break period. Section 5.13 Shift Schedule: Patrol Sergeants will be assigned to shifts annually based on a 4/10 schedule. Assignment to said shifts shall be governed by Section 5.2 herein. 10 84 ARTICLE VI — UNION SECURITY AND DUES CHECK -OFF Section 6.1 Dues Deductions: Upon receipt of proper written authorization from an employee, the Employer shall deduct each month's Chapter dues in the amount certified by the Treasurer of the Chapter from the pay of all Sergeants covered by this Agreement who, in writing, authorize such deductions. Said funds shall then be submitted to the Metropolitan Alliance of Police at the end of each month. Section 6.2 Indemnity The Chapter hereby indemnifies and agrees to hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of, any action taken or not taken by the Employer for the purpose of complying with the provisions of this Article, and shall reimburse the Village for all legal costs that shall arise out of, or by reason of action, taken or not taken by the Village in compliance with the provisions of this Article, unless such action is initiated or prosecuted by the Village, except for purposes on enforcing this Section. Section 6.3 Bulletin Boards: The Village shall provide the Chapter with designated space on available bulletin board(s), upon which the Chapter may post its official notices. Section 6.4 Labor-Manauement Meetings: The Chapter and the Employer agree that, in the interest of efficient management and harmonious employee relations, meetings will be held if mutually agreed between Chapter representatives and responsible administrative representatives of the Employer. Such meetings may be requested by either party at least seven (7) days in advance by placing in writing a request to the other for a "labor-management conference" and expressly providing the specific agenda for such conference. Such conferences, times and locations, if mutually agreed upon, shall be limited to: a. discussion on the implementation and general administration of this agreement; b. a sharing of general information of interest to the parties; and It is expressly understood and agreed that such conferences shall be exclusive of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at "labor-management conferences," nor shall negotiations for the purpose of altering any or all of the terms of this Agreement be carried on at such conferences. 11 85 Attendance at labor-management conferences shall be voluntary on the employee's part. Attendance at such conferences shall not interfere with required duty time and attendance, if during duty time, is permitted only upon prior approval of the employee's supervisor. The Village in its sole discretion shall determine its representatives at such meetings. 12 86 ARTICLE VII - VACATION Section 7.1 Vacation Program: Full-time employees shall be entitled to vacation as set out below, based on continuous service of: Up to six (6) months service 40 hours Six (6) months to one (1) year 40 hours One (1) year to five (5) years 80 hours Five (5) years to six (6) years 96 hours Six (6) years to seven (7) years 104 hours Seven (7) years to ten (10) years 120 hours Ten (10) years to eleven (11) years 136 hours Eleven (11) years to twelve (12) years 144 hours Twelve (12) years to thirteen (13) years 152 hours Thirteen (13) years to eighteen (18) years 160 hours Eighteen (18) years to twenty (20) years 172 hours Twenty (20) years and up 184 hours Continuous service as utilized hereinabove shall be earned and calculated based on an employee's starting/anniversary date and shall mean any period of employment uninterrupted by separation. A normal full-time workday is considered to be ten (10) hours. Vacation shall be taken during the calendar year January 1st through December 31st. A maximum of two (2) years accrual shall be allowed to carry over from one calendar year to the next. The Chief of Police in determining the annual vacation schedule will take into consideration the desires of the individual employee, and in the event of conflict in employee scheduling, seniority will be considered. Employees entitled to more than eighty (80) hours vacation time shall be entitled to take it consecutively with the authority of the Chief of Police. Employees shall be entitled to split their allowable vacation into a maximum of four (4) units (a unit being a minimum of two (2) vacation days or more). Sergeants may use vacation time in addition to their four (4) splits with such time to be governed under the rules of personal time use. More than one (1) sergeant may be on vacation simultaneously on a shift as long as a sufficient number of supervisors (Commanders/Sergeants) are working to meet minimum supervisory requirements. 13 87 Section 7.2 Vacation Schedule: Regularly Scheduled Days Off (RDOs) shall not be considered part of a Sergeant's vacation leave for the purpose of determining the number of Sergeants on vacation. Section 7.3 Vacation Cash -in Payment: Sergeants who are eligible and request vacation cash -in payment, such payment shall be included in the Sergeant's regular payroll check with the last payroll in March and the first payroll in September. 14 ARTICLE VIII — HOLIDAY AND PERSONAL TIME Section 8.1 Holiday Full-time employees shall receive the following holidays: New Year's Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Thanksgiving Day Christmas Day In the event that an employee works on any of the above days, he shall receive hourly pay at the rate of double time and one-half (2 1/2) hourly pay he would regularly receive for working. Any employee working in excess his/her regular duty shift on any of the above listed holidays, shall receive time and one-half (1 1/2) for hours worked plus one (1) hour of premium pay for every two (2) hours in excess of ten (10) hours worked on a holiday. In the event an employee works less than eight (8) hours on any of the above days, he shall receive the regular hourly pay for such hours for which he does not work, which non -working hours shall be calculated by subtracting the total hours worked from eight (8). In the event that an employee is not scheduled to work on a day on which a holiday falls, he shall nevertheless receive eight (8) hours pay for the holiday in addition to his time off. Section 8.2 Personal Time: Each full-time employee shall earn four (4) hours per month off with pay during the calendar year. Said time shall not be charged against vacation or sick time. To be eligible, an employee must schedule the time and receive the approval of his/her supervisor. All personal time not used maybe carried over to the next calendar year without loss, up to a maximum of seventy-two (72) hours. Any hours above the maximum, shall be paid out in accordance with Section 8.3. Sergeants shall be allowed to schedule up to four (4) personal days per year to be utilized as vacation days (can require a hire back to cover selected shift). Section 8.3. Personal Time Cash -in Payment: Sergeants who are eligible and request personal time cash -in payment, such payment shall be included in the Sergeant's regular payroll check with the last payroll in March and the first payroll in September. 15 89 ARTICLE IX — LEAVE OF ABSENCE Section 9.1 Absence from Work: All absences from work due to illness must be reported to the Supervisor in charge at least two (2) hours prior to assigned working shift pursuant to department policy. Section 9.2 Sick Leave: Each full-time employee shall earn eight (8) hours per month paid sick leave to be used when an Employee is physically unable to report to work. In the event that an Employee experiences a family emergency the Sergeant may, with the permission of the Chief or his designee, utilize sick leave for the purposes of caring for the Employee's immediate family. Employees may utilize no more than half the sick leave that would be accrued per year to care for a family member due to illness, injury, or a medical appointment. A family member is defined as a spouse, child, stepchild, mother, father, sibling, mother-in-law, father-in-law, grandparent, or a step grandparent.. The parties further agree that upon request of the Chief of Police or his designee the employee must provide explanation or verification of family emergency, including proof that his/her presence was necessary. These hours shall be earned on a monthly basis, so that beginning with January of each year each employee on full-time active duty shall be credited with eight (8) hours sick leave at the end of the month. An individual may accumulate up to four hundred eighty (480) hours of unused sick leave. Prior to February 1 st of each year, the Village shall calculate how many sick hours above four hundred eighty (480) have been credited to and remain unused by any given employee as of December 31st of the previous year. If between December 31st of the previous year and the following January 15th, the employee shall have notified the Finance Department of the Village in writing of his/her desire to continue to accumulate in one or more groups of forty-eight (48) hours above four hundred eighty (480) that have remained unused during the previous year, such employees shall be allowed to accumulate such additional time above and beyond four hundred eighty (480) hours to a maximum of seven hundred sixty-eight (768) hours. In February of each year, the Village, shall compensate the employee at the rate of fifty percent (50%) of the time accumulated above and beyond four hundred eighty (480) hours, or such other number of hours provided the Village has been notified such additional number to be accumulated and not compensated for as set forth hereinabove. If an employee elects to receive monetary compensation for sick hours above 480, the payment will be included in the employee's regular paycheck. As to questions raised concerning sick leave, employees may be required to obtain a medical release before returning to work after being off from work for three (3) or more consecutive working days for their personal illness. If there is a dispute about the validity of the information in the medical release, the parties agree to follow the second and third opinion provisions of 29 CFR 825 307(b). 16 90 In those instances where the Village finds it necessary, based on reasonable suspicion, to verify an illness, they will visit the home only after making a call and getting no response. They reserve, however, the right to use other procedures to, in fact, verify the reported illness, if necessary, but in so doing to attempt to recognize the dignity and rights of the parties involved. Section 9.3 Funeral Leave: The Village agrees to allow any employee up to three (3) days leave with pay in order to attend the funeral of anyone in the immediate family or to attend to necessary related matters. Said time off shall not be charged to an employee's accrued time off. The immediate family shall include: father, mother, foster -father, foster -mother, step -father, step -mother, step -children, brother, sister, step -brother, step -sister, spouse, children, grandparents, grandchildren, father-in-law, mother-in-law, brother-in-law, sister-in-law, or grandparents -in-law and includes a person who has an established civil union with the employee pursuant to Illinois law. Section 9.4 Military Leave: The Village will follow the minimum requirements upon applicable Federal or State laws as cited herein including, Illinois Service Member's Employment Tenure Act under Illinois Compiled Statutes 330 ILC S 60/4. Section 9.5 Jury Duty: Police Sergeants are granted regular compensation for their regularly scheduled work days when serving on jury duty. 17 91 ARTICLE X — EDUCATION BENEFITS Section 10.1 Travel and Meeting Expense Allowances: The Village, upon the Chiefs approval shall reimburse Sergeants for professional conferences and training seminars, providing such funds are available. Conventions, seminars, workshops, and conferences, generally of a national scope or regional (multi -state), gathering of national groups may be attended by Sergeants if the gathering of national groups is specifically related to his technical area. In all cases, specific approval by the Chief of Police is necessary. State-wide conventions, seminars, workshops and conferences may be attended by Sergeants. Attendees may include Sergeants who can be shown to have an interest in the gathering which directly relates to his/her area of work with specific approval of the Chief of Police. Any Sergeant attending any conferences, meeting, seminar or convention and being reimbursed by the Village or on Village payroll is expected to conduct themselves in a manner as if they were still at work. Any improper conduct will be treated as if it occurred during regular working hours. 18 92 ARTICLE XI — GRIEVANCE PROCEDURE Section 11.1 Definition A grievance is a difference of opinion between an employee and the Village with respect to the meaning or application of the express terms of this Agreement excluding matters within the jurisdiction of the Board of Fire and Police Commissioners. Section 11.2 Procedure for Grievance: Recognizing that itis to the benefit of all concerned to raise and settle grievances promptly, a grievance must be raised within seven (7) calendar days of the time the grievant becomes aware of the facts giving rise to the grievance. STEP ONE: The employee, with or without a Chapter representative, may take up a grievance with his/her assigned Unit Commander within seven (7) days of its occurrence. The Unit Commander shall then attempt to adjust the matter and shall respond within seven (7) days after such discussion. If the grievance is adjusted at Step One, the Unit Commander shall notify the Chief and Chapter representative in writing within ten (10) days thereafter the nature of the grievance and its resolution. STEP TWO: If not adjusted in Step One, the grievance shall be reduced to writing and presented by the Chapter to the Chief of Police within ten (10) days following the receipt of the Unit Commander's answer in Step One. The Chief of Police shall attempt to adjust the grievance as soon as possible, and therefore will schedule a meeting with the employee, his/her immediate Unit Commander, and Chapter Representative within ten (10) days after receipt of the grievance from the Chapter. The Chief of Police shall then render a decision, based on the supplied information during the meeting, within ten (10) days of the meeting. STEP THREE: If the grievance is not adjusted in Step Two, the grievance shall be submitted to the Village Manager or his designated representative within seven (7) days of the receipt from the Chief of Police of his response to the Step Two procedure. A meeting shall be held at a mutually agreeable time and place and participants shall discuss the grievance and hopefully come to an equitable solution. If a grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the parties. If no settlement is reached, the Village Manager, or his designated representative, shall give the Chapter the Employer's answer within ten (10) days following their meeting. gTF,P F01 TR a. If the Chapter is not satisfied with the decision of the Village Manager, the Chapter may appeal the grievance to arbitration by notifying the Village Manager in writing within ten (10) days after receipt of the Village Manager's response in Step 4. Within ten (10) days of receipt of such request the Chapter and/or the Village shall request a list of seven (7) arbitrators who shall be members 19 93 in good standing of the National Academy of Arbitrators from the Federal Mediation and Conciliation Service (FMCS). Both the Village and the Chapter shall have the right to strike three (3) names from the panel. The order of alternate striking shall be determined by a coin toss, with the losing party starting by striking a name first. The person remaining shall be the arbitrator. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. The arbitrator shall fix the time and place of the hearing which shall be as soon as possible after his selection subject to the reasonable availability of Chapter and Village representatives. The Arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing subject to the availability of Chapter and Village representatives. The Village and Chapter shall have the right to request the Arbitrator to require the presence of witnesses or documents. Both parties may retain the right to employ legal counsel. b. The power of the arbitrator shall be limited to the interpretation and application of the written terms of this Agreement. In no event may the terms and provisions of the Agreement be deleted, modified or amended by the arbitrator. He shall consider and decide only the specific issue raised by the grievance as originally submitted in writing to the Village, and shall have no authority to make his decision on any issue not so submitted to him. The arbitrator shall submit in writing his decision within thirty (30) calendar days following close of the hearing or submission of briefs by the parties, whichever is later, unless the parties agree to an extension. In the event the arbitrator finds a violation of the Agreement, he shall determine an appropriate remedy. The decision of the arbitrator shall be final and binding on the parties. No decision or remedy of the arbitrator shall be retroactive beyond the period specified in Step I of this grievance procedure. Section 11.3 Fees and Expenses of Arbitration: The fee and expenses of the arbitrator and the cost of the written transcript, if requested by both parties, shall be divided equally between the Village and the Chapter provided, however, that each party shall fully bear the expense of preparing and presenting its own case including the costs of witnesses and other persons (not employed by the Village) it requires to attend the arbitration. Should only one party request a transcript, that party shall pay for the cost of the transcript. Section 11.4 General Rules: a. Any decision not appealed by the employee or the Chapter 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. However, time limits at each step may be extended by mutual written agreement of the Chapter and the Village. b. No matter or action shall be treated as a grievance unless a grievance is filed in accordance with this Article. 20 94 c. No grievance settlement made as a result of the grievance procedure shall contravene the provisions of this Agreement. Section 11.5 Notice of Union Representation: The Chapter shall certify to the Village the names of those Sergeants who are designated as unit representatives. These Sergeants shall be the only employees authorized to function as representatives on each respective shift and division. Section 11.6 Definitions: Days, as referred to in this Article, shall mean Monday through Friday, excluding holidays and weekends. Section 11.7 Miscellaneous Grievance Provision: All grievances shall set forth the specific grievance and contract provisions involved as well as the relief sought. All meetings shall take place in a manner which does not interfere with Village operations. Neither the grievant nor his representative shall be entitled to any overtime payments for time spent in processing or investigating a grievance. 21 95 ARTICLE XII - DISCIPLINE Section 12.1 Procedure of Discipline: If the Village has reason to discipline an employee, it will take into consideration methods to do so which would not unduly embarrass the employee before other fellow employees or members of the public. Section 12.2 Discipline and Discharge/Investigations: Disciplinary actions instituted by the Village shall be for reasons based upon an employee's failure to fulfill his/her responsibilities as an employee. Where the Village believes just cause exists to institute disciplinary action it shall have the option, consistent with the principles of timely progressive discipline imposed for the purpose of encouraging corrective employee action, to assess an appropriate penalty which include the following penalties: Oral Reprimand; Written Reprimand; Suspension; or Termination. Any disciplinary action or measure other than an oral and written reprimand imposed upon an employee shall be subject to review and appeal as provided for in this Agreement. An oral and written reprimand shall not be subject to arbitration or to review by the Board of Fire and Police Commissioners. However, an employee is entitled to write a response to any oral or written reprimand and that response will be attached to the corresponding discipline. The Union shall have the right to file grievances concerning discipline covering suspension without pay, and/or termination, or an employee may choose the hearing process by the Board of Fire and Police Commissioners. Filing of a grievance shall act as a waiver by the employee involved of the right to challenge the same matter before the Board of Fire and Police Commissioners. A form containing such specific waiver shall be executed by the employee prior to filing a grievance. Seeking review by the Board of Fire and Police Commissioners shall act as a waiver by the Union and employee involved of the right to challenge the same matter in the grievance process. Section 12.3 Written Reprimand: In cases of written reprimand, notation of such reprimand shall become a part of the employee's personnel file and a copy given to the employee. 22 96 Section 12.4 Pure of Personnel File: Any written reprimand shall be removed from the employee's record, if, from the date of the last reprimand, eighteen (18) months have passed from the date of the incident resulting in the written reprimand sought to be purged without the employee receiving any additional written reprimands or disciplines. The parties agree that the removal of reprimand shall be on the written notice of the affected employee. Not -withstanding the above, record of such discipline may be introduced when relevant at a disciplinary proceeding before the Board of Fire and Police Commissioners or arbitrator, whichever is applicable. Section 12.5 Personnel File: The Village agrees to abide by the lawful requirements of the "Access to Personnel Records Act," contained in Illinois Compiled Statutes, 820 ILCS 40/1. 23 97 ARTICLE XIII — INVESTIGATIONS CONCERNING SERGEANTS Section 13.1 Right to Investigate: The Village agrees to abide by the lawful requirements of the Illinois Compiled Statutes 50 ILC S 725/1. Section 13.2 Right to Representation: Any Sergeant interviewed regarding any matter which may result in discipline against the Sergeant shall be entitled to representation by either a Union representative or Union attorney. Section 13.3 Review of Recorded Media Prior to the imposition of disciplinary action, the Union will be provided an opportunity to review the surveillance (e.g. video, audio, or other recorded medium) relevant to the discipline if the surveillance evidence is both: (i) in the possession or control of the Employer and (ii) relied on by the Employer in malting the discipline decision at issue. 24 98 ARTICLE XIV - MEDICAL AND LIFE INSURANCE Section 14.1 Medical Insurance: The Village agrees to maintain in full force and effect for the life of this Agreement, a health insurance benefits program for full-time employees. . The Village shall continue to make health insurance benefits available to full time sergeants and their dependents. The Village reserves the right to change group health and hospitalization insurance coverage as long as coverage is substantially similar to coverage available prior to the signing of this Agreement. Included in the above, the Village reserves the right to maintain or institute cost containment measures relative to insurance coverage, change insurance carriers, plans or benefit levels, as long as the new basic coverage and basic benefits are substantially similar. During the term of this Agreement, employees may elect appropriate coverage in one of the health plans offered by the enrollment period established by the Village. The amount of an employee's applicable monthly medical insurance premium contribution during the term of this Agreement shall not exceed the amount of the applicable monthly insurance premium required of other regular full-time non -represented Village employees. Each employee, upon becoming eligible for the above coverage, shall receive a policy and descriptive literature describing the health insurance benefits and the procedures for utilizing them. Employee's contribution towards the insurance benefits program shall be as follows: Effective January 1, 2020: Monthly Premiums Coverage Type/Co-Pay Type PPO Plan 1 HMO Plan 1 PPO Plan 2 HMO Plan 2 Single $160.65 $145.35 $141.21 $127.77 Single Discount (10%)* $144.59 $130.82 $127.09 $114.99 Single +1 $289.80 $262.20 $257.25 $232.75 Single +1 Discount (20%)* $231.84 $209.76 $205.80 $186.20 Family $352.80 $317.52 $310.11 $280.57 Family Discount (30%)* $246.96 $222.26 $217.08 $196.40 Doctor Co -pay $25.00 $25.00 $25.00 $25.00 Specialist Doctor Co -pay $40.00 $50.00 $40.00 $50.00 Emergency Room Visit Co -Pay $75.00 $75.00 $75.00 $100.00 *Discount rate available for eligible employees who satisfy the conditions of participating in the wellness program. See Wellness Participation Rewards section below. 25 99 Effective January 1, 2021: Monthly Prem1 ium Coverage Type/Co-Pay Type PPO Plan 1 HMO Plan 1 PPO Plan 2 HMO Plan 2 Single $168.68 $145.35 $148.28 $127.77 Single Discount (10%)* $151.81 $130.82 $133.45 $114.99 Single +1 $304.29 $262.20 $270.11 $232.75 Single +1 Discount (20%)* $243.43 $209.76 $216.09 $186.20 Family $370.44 $317.52 $325.61 $294.60 Family Discount (30%)* $259.31 $222.26 $227.93 $206.22 Doctor Co -pay $25.00 $25.00 $25.00 $25.00 Specialist Doctor Co -pay $40.00 $50.00 $40.00 $50.00 Emergency Room Visit Co -Pay $75.00 $75.00 $75.00 $100.00 *Discount rate available for eligible employees who satisfy the conditions of participating in the wellness program. See Wellness Participation Rewards section below. Effective January 1, 2022: Monthly Premiums The monthly premiums for 2022 will not exceed rates below. Coverage Type/Co-Pay Type PPO Plan 1 HMO Plan 1 PPO Plan 2 HMO Plan 2 Single $177.11 $152.62 $155.69 $134.16 Single Discount (10%)* $159.40 $137.36 $140.12 $120.74 Single +1 $319.50 $275.32 $283.62 $244.39 Single +1 Discount (20%)* $255.60 $220.25 $226.89 $195.51 Family $388.96 $333.40 $341.89 $309.33 Family Discount (30%)* $272.27 $233.38 $239.33 $216.53 Doctor Co -pay $25.00 $25.00 $25.00 $25.00 Specialist Doctor Co -pay $40.00 $50.00 $40.00 $50.00 Emergency Room Visit Co -Pay $75.00 $75.00 $75.00 $100.00 *Discount rate available for eligible employees who satisfy the conditions of participating in the wellness program. See Wellness Participation Rewards section below. One-half of the employee's portion of the monthly premium costs shall be deducted from the employee's pay each pay period up to twenty-four (24) times per year. The co -pay amounts for employees apply to both the PPO/indemnity and HMO insurance programs. Employees who participate in the HMO will receive insurance coverage as dictated by the HMO provider. 26 100 The Village of Mount Prospect shall be allowed to raise the maximum out-of-pocket expenses for PPO Plans to the following: 2% of the employee's pensionable pay for single coverage and 4% of the employee's pensionable pay for family coverage. The maximum out of pocket levels shall be established as illustrated in Appendix C. Wellness Participation Rewards: The Village shall offer the biometric blood draw annually and employees may participate in the blood draw scheduled at the Village or at approved remote locations. Human Resources has the listing of the approved remote locations, in the instances when the employee and spouse cannot directly participate in the blood draw scheduled at the Village. Spouses must also participate in the biometric testing and meet the criteria established below to order to qualify for the family insurance premium discount. Employees and spouses participating in the Village's health insurance plans must annually complete the biometric blood draw and health risk assessment(s) to be eligible for the wellness insurance premium discount. The biometric test consists of at least a 37 -panel evaluation (including coronary risk assessment, blood count, and chem -screen profile), blood pressure screening, waist circumference and height and weight measurements. The purpose of the biometric test and health risk assessment is to alert participants at an early stage of possible health issues and to prevent the issues from becoming catastrophic illnesses. The results are strictly confidential. . The Village shall not have any information as to what areas any employee or spouse may be deemed to be in an unhealthy range nor shall the Village have any knowledge of any treatment. The information the Village will receive is only aggregate data if participants meet the healthy range criteria. Wellness discounts shall apply annually provided the criteria above are met. The discounts shall be applied to monthly insurance premium charges in the following amounts: Effective Date (Health Insurance Plan Year) Single Coverage Single + 1 Coverage Family Coverage 1 / 1 /2020 10% 20% 30% 1/1/2021 10% 20% 30% 1/1/2022 10% 20% 30% If an employee has single +I or family coverage they would not be eligible for a single coverage discount if only the employee participated in the biometric program. 27 101 PPO Prescription Drug Card: The prescription co -payment amounts shall be as follows: Effective Date Generic Prescription Formulary Prescription Brand Non -Formulary Brand Prescription 1/1/2020 $20.00 $50.00 $85.00 1/1/2021 $20.00 $50.00 $85.00 1/1/2022 $20.00 $50.00 $85.00 HMO Prescription Drug Card: The prescription co -payment amounts shall be as follows: Effective Date Generic Prescription Formulary Prescription Brand Non -Formulary Brand Prescription 1/1/2020 $20.00 $50.00 $85.00 1/1/2021 $20.00 $50.00 $85.00 1/1/2022 $20.00 $50.00 $85.00 General Prescription Drug Card Information (applicable to both PPO and HMO plans). Mail order drug prescriptions shall be available to employees to purchase up to a ninety (90) day supply with the employee paying the appropriate co -pay amount that corresponds to the classification of the prescription be it generic, non -formulary, or formulary. All mail order prescription drugs shall be paid by the employee in an amount of two (2) times the appropriate prescription co -pay level depending on the classification of the prescription drug ordered. Prescription drugs that are considered Specialty drugs as determined by the prescription drug benefits manager shall have a $350 co -payment amount. Prior to submitting a specialty drug prescription for payment the prescription must be pre -authorized. If the prescribed drug is determined to be a maintenance and non -elective drug the co -payments that corresponds to the classification of the prescription be it generic, non -formulary, or formulary shall apply and not the $350 co -payment amount. The Employer has the discretion to select insurance carriers, provided that benefits are similar to those benefits in effect as of execution. Section 14.2 Life Insurance: The Village shall supply each Sergeant covered by this Agreement with term life insurance with a face amount equal to fifty thousand dollars ($50,000). Effective 1/1/2021, the face amount will equal to one times the employee's annual salary rounded to the next higher multiple of $1,000 if not already a multiple of $1,000. The maximum amount is $300,000. Said insurance shall be at no 28 102 cost to each covered employee. If available from the life insurance provider of the Village, employees shall have the option of purchasing up to an additional $300,000 of life insurance above the amount provided by the Village provided the additional insurance coverage is at the employee's cost. Section 14.3 Continuation of Benefit: When an Sergeant is killed in the line of duty, the Village will pay the full premiums for the continuance of the then current health insurance for the spouse and minor children up to the age of eighteen (18) and shall continue to pay such premiums for a period of twenty-four months from the Sergeant's date of death or until the spouse and minor children are covered under a separate health insurance plan, unless required to provide a greater benefit under state or federal law. Section 14.4 Retiree Health Insurance Program: The Village agrees to offer for purchase to all retired bargaining unit employees of the Village of Mount Prospect Police Department, with a minimum of twenty (20) years of service to the Village, health insurance as currently provided to members covered by this Agreement. The parties agree that should a retired employee choose to continue his/her health insurance, he/she is eligible only for the then current benefits provided bargaining unit employees, and that retiree is also responsible for payment of one hundred percent (100%) of the premiums for those benefits. The parties agree that retired employees of the Village of Mount Prospect Police Department shall be subject to changes in coverage and benefit levels as negotiated from time to time between the Employer and the Chapter. Section 14.5 Retiree Health Savings Plan: Upon retirement, employees who meet the eligibility requirements and have accumulated Sick Leave must participate in the Retiree Health Savings (RHS) Plan. Eligibility for participation is defined as an employee who retires with at least twenty (20) years of service with the Village. Provided the employee is eligible to participate, the Village shall deposit up to four hundred and eighty (480) hours or sixty (60) days of sick leave converted to a dollar value using the employee's regular rate of pay into the RHS for the employee's use as defined by the regulations outlined by the RHS administrator. If an employee has accumulated sick leave hours above the four hundred and eighty (480) hours, but below the seven hundred and sixty-eight (768) maximum number of sick leave hours, the Village shall deposit into the employee's RHS account fifty (50)% of the value of the sick leave hours between four hundred and eighty (480) and seven hundred and sixty-eight (768) calculated on the employee's regular hourly rate of pay. If an employee leaves the Village's employment, and does not meet the eligibility requirement for converting sick leave into the RHS, accumulated sick leave hours shall not be paid out at time of termination of employment for any reason. At retirement, accumulated Vacation Time and Personal Time to be paid out shall be deposited into the employee's RHS account at 100% value. 29 103 Section 14.6 Retiree Health Savings Plan — Annual Contribution: Employees shall contribute forty-eight (48) hours of accumulated sick leave which shall be converted to a cash equivalent of twenty -fours (24) hours annually into an Retiree Health Savings (RHS) account. If the employee does not have a minimum of forty-eight (48) hours of accumulated sick leave available for contribution into the RHS account the contribution will not be made for the calendar year. Sick time hours accumulated above the maximum of 768 are converted at a rate of 50% cash equivalent per the Village's Sick Sellback Policy into the RHS account. Section 14.7 Personal Physical Fitness Testing: The Mount Prospect Police Department will conduct bi-annual voluntary physical fitness testing. This testing will be based on the Cooper Model, also known as the POWER Test, as used by the State of Illinois basic training academies. Employees who meet or exceed the Cooper Fitness Standards shall receive aone-time ten (10) hour bonus per calendar year at their straight time pay rate as an incentive. No employee shall be subject to disciplinary action for failing to meet the standards or goals of the physical fitness program described herein. If necessary, a Sergeant may participate in two bi-annual voluntary physical fitness tests per year, and who otherwise would be off duty, shall be compensated at a minimum of two (2) hours at their straight time pay rate, or for the actual hours in attendance as a participant, whichever is greater. The maximum payout of straight time due awarded in any calendar year will be ten (10) hours. Section 14.8 Section 125/Flex Plan Participation: The Village shall maintain a Flexible Compensation Plan whereby employees will be able to defer pre-tax earnings into individual spending accounts to be used for un -reimbursed medical expenses, dependent care costs up to a specified limit, and additional life insurance (provided such is applicable under IRS regulations). Employees shall elect to participate in the program annually and within thirty-one (3 1) days of hire for new employees. 30 104 ARTICLE XV — DRUG AND ALCOHOL TESTING Section 15.1 Drug and Alcohol Testing: The Village may require employees to submit to a urinalysis test and/or other appropriate drug and/or alcohol testing at a time and place designated by the Village when the Police Chief (or designee) believes there is sufficient cause for such testing, defined for purposes of this section as "reasonable suspicion". The primary basis of the "reasonable suspicion" shall be verbally identified prior to the employee's submission to the test and will be documented in writing generally within 24 hours thereafter. The Village also may require employees to participate in random drug testing, provided that any such program 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). If random testing procedures are implemented, up to fifty -percent (50%) of the employees in the bargaining unit are tested during each calendar year. Prohibitions. Use, sale, purchase, delivery, or possession of illegal drugs including cannabis or cannabis -infused substances at any time and at any place, whether on or off the job; abuse of prescribed drugs; failure to report to the Chief or his designee any known adverse side effects of medication or prescription drug the employee is taking that is reasonably expected to affect the employee's performance; consumption or possession of alcohol while on duty; or being impaired by or under the influence of alcohol while on duty is prohibited. Officers who consume or possess prohibited substances as part of their legitimate work duties, which have been approved and directed by the Chief of Police (or designee) will not be subject to discipline for that reason alone. Assistance. Officers who believe they may have a problem with the use or abuse of drugs and/or alcohol are encouraged to seek assistance or a reasonable accommodation when necessary and without fear of retaliation. It is understood an after the fact request for assistance will not excuse a prior policy, CBA provision and/or SOP violation. Violations. A policy violation or positive test result will be just cause for disciplinary action, including dismissal if warranted by the facts involved. Section 15.2 Drug and Alcohol Testing Following an Officer Involved Shooting: Pursuant to the Illinois Police and Community Relations Improvement Act, drug and alcohol testing also will be required (even in the absence of reasonable suspicion) and completed as soon as practical (but no later than the end of the shift) following an officer involved shooting incident that results in death or injury to a person. The Union agrees its members shall be required to abide by the Employer's General Order that is in effect at the time of ratification of this CBA regarding "Reporting and Investigation of Incidents Involving Subject Resistance and Officer Use of Force" and all other provisions of this 31 105 Article 15 of the CBA (collectively the "D/A Policy"). This Section 15.2 and the D/A Policy will be construed in a manner that satisfies Public Act 100-389 (the "Act") and any other law that applies. Pursuant to the Act, an officer is considered "involved in" a shooting when the officer discharged a firearm thereby causing injury or death to a person or persons. If multiple officers discharged their firearms, and it is unclear whose bullet struck the person or persons, then all officers who discharged their firearm in the direction of the subject shall be required to submit to drug and alcohol testing. By contrast, the phrase "involved in" does not include officers who did not discharge their weapon, even if they were providing other forms of support and assistance during the call. Nor does the term "involved in" include officers who discharge their weapons when it is undeniably clear their projectiles did not actually strike any person or persons. The parties agree any drug or alcohol test required pursuant to the D/A Policy shall be considered a compelled, non -voluntary drug or alcohol test under threat of disciplinary action. Such OIS testing shall only be done by urinalysis or breathalyzer. Blood testing will not occur for an OIS required test under this Section 15.2 unless compelled by law. This does not limit the Employer's right to obtain test results via other available legal processes. The samples, testing, and results shall only be used for internal administrative purposes, including disciplinary action when appropriate and as required by law. Except as necessary to enforce the D/A Policy or when required by law (e.g. subpoena or warrant), the Employer will not share any test samples or results of testing with any entity or person. 32 106 ARTICLE XVI — DISABILITY AND RETIREMENT BENEFITS Section 16.1 Employee Disability/PEDA: Any employee injured on the job shall continue to receive his/her regular salary for up to one (1) year, without charge to his/her sick leave days. Employees shall sign and deliver any Workers' Compensation or similar payments to the Village while receiving the salary continuation benefits of this Article as required by law. At such time as the Village feels an employee is permanently disabled, the Village may refer the matter to the Board of Fire and Police Commissioners or a designated arbitrator depending on which party retains authority for such determinations. 33 107 ARTICLE XVII — UNIFORM BENEFITS Section 17.1 Benefits: The Village agrees to provide each employee with a uniform allowance as follows: $650 shall be provided to the employee on their first regular payroll check in June of each year of this Agreement. The Village will determine the style and make of the prescribed uniform and equipment. To the extent that uniforms and equipment, in the opinion of the Village, become unserviceable in the line of duty, other than from normal wear and tear, the Village will replace the item without any charge against the uniform allowance. The employee shall be required to stand inspection and perform his job in the uniform prescribed with the equipment specified. Plainclothes Sergeants will stand inspection in the uniform prescribed at the time they went on plainclothes detail If the uniform is changed, the Village shall buy the first issue (which shall not exceed one), unless the Village allows a twelve (12) month period between notice and mandatory effective date in which case the employee shall bear the expense of the change. Guns and leather shall be treated specially. If the Village specifies a new gun or leather for the future and specifies an effective date, it must bear the cost. If, however, no date is established, all new employees shall buy the prescribed equipment and any employee buying a replacement gun or leather shall buy the prescribed items. Section 17.2 Protective Vests: The Employer agrees that it will replace protective vests for participating Sergeants on an as - needed basis using a five (5) year schedule based on the dates reflected in Appendix "B" attached hereto and incorporated herein. The parties further agree that if the Village purchases a protective vest for an Sergeant covered by this Agreement, then that Sergeant agrees that he/she shall wear that protective vest as part of his/her everyday uniform unless the affected Sergeant receives a written exception from the Chief or his designee. 34 108 ARTICLE XVIII — OFF DUTY EMPLOYMENT Section 18.1 Employment Outside Department: The Parties agree that the current restrictions placed on outside employment shall remain in full force and effect during the term of this Agreement, as provided for in Department policy ADM - 104. 35 109 ARTICLE XIX — SENIORITY Section 19.1 Seniority: The parties agree that they shall abide by the seniority rules as outlined under applicable Illinois law as amended. Section 19.2 Probationary Period: Officers promoted to sergeant shall serve a probationary period of one (1) year from the date of the promotion to sergeant. Section 19.3 Maintenance of Seniority List: A current and up-to-date seniority list showing the names and length of service, with the department and time in rank, of each Police Sergeant shall be maintained for inspection by members and shall be updated on a semi-annual basis and shall be utilized in assisting the assignments of shifts pursuant to Section 5.2 of this Agreement. 36 110 ARTICLE XX — BOARD OF FIRE AND POLICE COMMISSIONERS Section 20.1 Board of Fire and Police Commissioners: The parties recognize that the Village of Mount Prospect Board of Fire and Police Commissioners has certain statutory authority over employees covered by this Agreement, including but not limited to the right to make, alter and enforce rules and regulations and impose disciplinary sanctions. Nothing in this Agreement is intended in any way to replace and diminish any such authority provided the Board of Fire and Police Commissioners is a duly authorized board by the Village. 37 111 ARTICLE XXI — MATERNITY/PATERNITY/REASONABLE ACCOMMODATION Section 21.1 Maternity/Paternity/Reasonable Accommodation: Sergeants who are pregnant or have a disability related to pregnancy, childbirth and/or common medical conditions related to pregnancy or childbirth are entitled to time off and other privileges to the same extent as officers who take time off for other non -work related medical conditions. Time off taken under this Section and another leave policy will run concurrently when both apply. Those Sergeants also are entitled to receive a reasonable accommodation to assist them in the performance of the essential job functions of their position provided it does not create an undue hardship to the Department's ordinary business operations. These issues are addressed on a case-by- case basis according to the applicable state and federal laws. Employees who need time off following the birth of a child also may receive time off pursuant to the Village's FMLA policy. 38 112 ARTICLE XXII — FAMILY MEDICAL LEAVE (FMLA) Section 22.1 Family Medical Leave (FMLA): It is understood by the parties that the Village must comply with the laws and applicable regulations of the Family Medical Leave Act, as amended regardless of conflicting terms of this Agreement. 39 113 ARTICLE XXIII — SAVINGS CLAUSE Section 23.1 Savings Clause: In the event any Article, Section or portion of this Agreement should be held invalid and unenforceable by any board, agency or Court of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof specifically specified in the board, Court or agency decision; and upon issuance of such a decision, the Village and the Chapter agree to notify one another and to immediately begin negotiations on a substitute for the invalidated Article, Section or portion thereof. 40 114 ARTICLE XXIII — ENTIRE AGREEMENT Section 23.1 Entire Agreement: This Agreement constitutes the complete and entire Agreement between the parties and concludes collective bargaining between the parties for its term. This Agreement supersedes and cancels all prior practices and agreements, whether written or oral, which conflict with the express terms of this Agreement. If a past practice is not addressed in this Agreement, it may be changed by the Employer as provided in the management rights clause, Article II. 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 ordinance from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. The Chapter specifically waives any right it may have to decision, impact or effects bargaining for the life of this Agreement. 41 115 WIN 3TVILEYWIM, Section 24.1 Termination: This Agreement shall be effective as of the day after it is executed by both parties and shall remain in force and eff'ect until 'December 3.1, 2022. It shall be automatically renewed frorn year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to the anniversary date that it desires to modify this Agreement. In the event that Such notice is given, negotiations, if any, shall, begin no later than. sixty (60) days prior to the expiration date. Executedthis da of 2021 . . ...................... . . . . ........... � y METROPOLITAN ALLIANCE OF POLICE., MOUNTPR-OSPECTC14APTER 85 Jr . . . . . . . . . . . . .............................. . ........... . . . ...... ................ . . . ,''Metropofitan Alliance of Police . . . . ....................... .. .. .. .......... . e WentMo n Ptx:MS" s I 'Pect MA]', Chapter #85 IN Mayor Arlene A. Juracek Village Clerk Karen Agoranos 116 ADDendix A — Wage Rates 2020 - 2022 Sergeant Wage Schedule 2020-2021 1 -Jan 1 -Jan 1 -Jan 2020 2021 2022 Top Patrol Officer Base Pay $1007821 $1037342 $1057925 Certified Police Officer Incentive + $27800 $27800 $27800 $1037621 $1067142 $1087725 Sergeant Salary Calculation $1037621 $1067142 $1087725 X 20% 20% 20% $1247345 $1277370 $1307470 Subtract Certified Police Officer Incentive - $27800 $27800 $27800 Base Pay $1217545 $1247570 $1277670 Sergeant salaries will be twenty (20) percent above top patrolman salaries Retroactive pay from date of execution of award back to January 1, 2020 shall be paid within thirty (30) days of the execution and ratification of the contract. Said retroactive pay shall include all straight, overtime, holiday hours and compensable hours worked. This includes Sergeants who have elected to retire during periods of negotiation after the current contract has expired. The retroactive pay lump sum is less any deductions (i.e. health insurance) applicable per the collective bargaining agreement. Longevity Pay: Completed Years of Service 5 years — 9 years 10 years — 14 years 15 years — 19 years 20 years and beyond Annual Longevity Pay $600 $700 $800 $900 Employees shall receive longevity payments annually if their anniversary date predates December 31 and the employee is on the employer's payroll at that time. Longevity payments shall be included with the employee's regular payroll check for the first payroll in December. Supervisor Incentive Pay: $5,000 annually. All bargaining unit employees shall be entitled to Supervisor Incentive pay immediately upon promotion to the rank of Sergeant. Midnight Supervisor Shift Differential Pay: $3,900 annually eligible for the Sergeant whose annual shift assignment is the Midnight Shift. 43 117 Appendix B — Protective Vest Replacement Schedule Full Name RAUS, FRANK R. KANUPKE, JOSEPH F. TWEEDIE, BART E. KIDD, DANIEL A. ANGAROLA, MICHAEL KERRIGAN, MAUREEN F. S CHAPS, LEE R. MEISTER, MICHAEL A. JUHL, JONATHAN W. RONDEAU, CHRISTOPHER P. FILIPEK, SCOTT M. D_ LAST VEST NEXT VEST 10/1/1998 2020 2025 1/2/2001 2017 2022 6/11/2002 2018 2023 3/22/2004 2017 2022 10/20/2008 2019 2024 3/15/1991 2016 2021 7/l/1993 2016 2021 12/30/1998 2020 2025 7/5/2000 2016 2021 5/l/2002 2017 2022 10/16/2006 2017 2022 44 118 Appendix C — Maximum Out of Pocket Rates 2020 - 2022 2% 4% Wage Range Single Family $2000 $291999 $600 $11200 $3000 $391999 $800 $11600 $4000 $491999 $11000 $21000 $5000 $591999 $11200 $21400 $601000 $691999 $11400 $21800 $70,000 $79,999 $1,600 $3,200 $8000 $891999 $11800 $31600 $9000 $99,999 $21000 $41000 $100,000 $109,999 $21200 $41400 $11000 $119,999 $21400 $400 *PPO Plan 2 Health Insurance Plan Family Maximum Out of Pocket is $1,500. 45 119