HomeMy WebLinkAboutIFOP Patrol Officers through 4/20/27 ti
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CITY OF MCHENRY
PATROL OFFICERS
May 1, 2023 — April 30, 2027 �
Springfield - Phone: 217-698-9433/Fax: 217-698-9487 . .'
Western Springs - Phone: 708-784-1010/Fax: 708-784-0058
Web Address: www.fop.orq
24-hour Critical Incident Hot Line: 877-IFOP911 � � ♦ . �
TABLE OF CONTENTS •
PREAMBLE.....................................................................................................................1
ARTICLE1 RECOGNITION............................................................................................1
Section1.1 Recognition...............................................................................................................1
Section 1.2 Duty of Fair Representation......................................................................................l
Section 1.3 New Classifications ..................................................................................................1
ARTICLE 2 UNION SECURITY AND RIGHTS ...............................................................2
Section2.1 Dues..........................................................................................................................2
Section2.2 Bulletin Board...........................................................................................................3
Section 2.3 Union Indemnification..............................................................................................3
Section2.4 Union Officials .........................................................................................................3
ARTICLE 3 MANAGEMENT RIGHTS.............................................................................3
ARTICLE 4 LABOR-MANAGEMENT MEETINGS..........................................................4
ARTICLE 5 MAINTENANCE OF ECONOMIC BENEFITS..............................................4
ARTICLE 6 HOURS OF WORK AND OVERTIME..........................................................5
Section6.1 General Provisions....................................................................................................5
Section 6.2 Normal Work Period, Workday and Work Schedule ...............................................5
Section 6.3 Changes in Normal Work Period, Workday and Work Schedule ............................6
Section6.4 Overtime Pay ............................................................................................................6
Section 6.5 Court and Training Time ..........................................................................................6
Section6.6 Call Back Pay............................................................................................................6
Section6.7 Compensatory Time..................................................................................................7
Section 6.8 Required Overtime....................................................................................................7
Section6.9 Shift Trades...............................................................................................................8
Section 6.10 Seniority Shift Bidding...........................................................................................8
Section 6.11 Officer-In-Charge/Field Training Officer Pay......................................................10
Section6.12 On-Call Pay...........................................................................................................10
ARTICLE 7 SENIORITY, LAYOFF AND RECALL .......................................................10
Section 7.1 Definition of Seniority............................................................................................10
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Section 7.2 Probationary Period ................................................................................................10
Section7.3 Seniority List...........................................................................................................1 l
Section7.4 Layoff......................................................................................................................1 l
Section7.5 Recall ......................................................................................................................1 l
Section 7.6 Termination of Seniority.........................................................................................12
ARTICLE 8 MCHENRY POLICE COMMISSION ..........................................................12
ARTICLE 9 GRIEVANCE PROCEDURE ......................................................................13
Section9.1 Definition................................................................................................................13
Section9.2 Procedure ................................................................................................................13
Section9.3 Arbitration...............................................................................................................14
Section 9.4 Limitations on Authority of Arbitrator...................................................................15
Section 9.5 Time Limit for Filing..............................................................................................15
Section 9.6 Union Grievances ...................................................................................................16
Section9.7 Miscellaneous .........................................................................................................16
ARTICLE 10 NO STRIKE-NO LOCKOUT.....................................................................16
Section 10.1 No Strike Commitment.........................................................................................16
Section 10.2 Strikes Prohibited..................................................................................................16
Section 10.3 Job Actions Prohibited..........................................................................................17
Section 10.4 Violations of This Article.....................................................................................17
Section 10.5 Illinois Fraternal Order of Police, Labor Council Notification of Employees .....17
Section10.6 No Lockout...........................................................................................................17
Section 10.7 Judicial Relief.......................................................................................................17
ARTICLE 11 HOLIDAYS AND PERSONAL BUSINESS LEAVE.................................17
Section11.1 Holidays................................................................................................................17
Section 11.2 Eligibility Requirements.......................................................................................18
Section11.3 Holiday Pay...........................................................................................................18
Section 11.4 Personal Business Leave.......................................................................................19
ARTICLE 12 VACATIONS ............................................................................................19
Section 12.1 Eligibility and Allowances....................................................................................19
Section12.2 Vacation Pay.........................................................................................................20
Section 12.3 Scheduling and Accrual........................................................................................20
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ARTICLE 13 SICK LEAVE............................................................................................21
Section 13.1 Purpose and Allowance ........................................................................................21
Section 13.2 Days Earned in Accumulation..............................................................................22
Section13.3 Notification...........................................................................................................22
Section 13.4 Medical Examination............................................................................................22
Section 13.5 Sick Leave Utilization ..........................................................................................22
Section13.6 Unused Sick Leave ...............................................................................................22
ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE ...................................................23
Section 14.1 Unpaid Discretionary Leaves................................................................................23
Section14.2 Military Leave.......................................................................................................23
Section 14.3 Bereavement Leave...............................................................................................23
Section14.4 Jury Leave.............................................................................................................24
Section 14.5 Family and Medical Leave Act ("FMLA") Leave................................................24
Section 14.6 Application for Leave...........................................................................................24
Section 14.7 Benefits While on Unpaid Discretionary Leave...................................................24
Section 14.8 Non-Employment Elsewhere................................................................................25
Section 14.9 Family Responsibility Leave................................................................................25
ARTICLE15 WAGES....................................................................................................25
Section15.1 Base Wages...........................................................................................................25
Section 15.2 Experience Credits................................................................................................25
Section 15.3 Tuition Reimbursement ........................................................................................25
Section 15.4 Deferred Compensation Plan(457K) ...................................................................26
Section 15.5 Investigator Stipend..............................................................................................26
Section 15.6 Travel Training Reimbursement...........................................................................26
ARTICLE 16 UNIFORM ALLOWANCE ........................................................................26
Section16.1 Initial Uniform......................................................................................................26
Section 16.2 Uniform Allowances.............................................................................................26
Section 16.3 Safety Vest Replacement......................................................................................26
Section 16.4 Return of Uniforms and Equipment......................................................................26
Section 16.5 Reimbursement of Uniform Cleaning Expenses ..................................................26
ARTICLE 17 INSURANCE
............................................................................................27
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Section 17.1 Coverage and Cost................................................................................................27
Section 17.2 Cost Containment .................................................................................................27
Section17.3 Life Insurance .......................................................................................................27
Section 17.4 Terms of Insurance Policies to Govern.................................................................27
Section 17.5 Waiver of Insurance..............................................................................................28
Section 17.6 Employee Deductible and Co-Insurance Costs ....................................................28
ARTICLE 18 EMPLOYEE ALCOHOL AND DRUG TESTING......................................29
Section18.1 Statement of Policy...............................................................................................29
Section18.2 Prohibitions...........................................................................................................29
Section 18.3 Drug and Alcohol Testing Permitted....................................................................30
Section 18.4 Order to Submit to Testing ...................................................................................30
Section 18.5 Test to be Conducted ............................................................................................30
Section 18.6 Disciplinary Action...............................................................................................32
Section 18.7 Voluntary Request for Assistance.........................................................................32
Section18.8 Treatment..............................................................................................................33
ARTICLE 19 EMPLOYEE AND OTHER STATUTORY RIGHTS..................................33
Section19.1 Bill of Rights.........................................................................................................33
Section19.2 Personnel Files......................................................................................................33
Section 19.3 Indemnification.....................................................................................................34
Section19.4 Discipline..............................................................................................................34
Section 19.5 Notice of Discipline..............................................................................................34
Section 19.6 Access to Arbitration............................................................................................34
ARTICLE 20 GENERAL PROVISIONS ........................................................................34
Section20.1 Gender...................................................................................................................34
Section 20.2 Ratification and Amendment................................................................................34
Section 20.3 Fitness Examinations............................................................................................34
Section 20.4 Physical Fitness Requirements .............................................................................34
Section 20.5 Secondary Employment........................................................................................35
Section20.6 No Smoking..........................................................................................................35
Section 20.7 Special Assignment Employees............................................................................35
Section 20.8 Rules and Regulations ..........................................................................................35
Section 20.9 Inoculations...........................................................................................................35
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Section 20.10 Communicable Diseases.....................................................................................36
Section 20.11 Replacement of Personal Property......................................................................36
Section 20.12 Location of Meetings..........................................................................................36
Section20.13 No Solicitation....................................................................................................36
ARTICLE 21 SAVINGS CLAUSE .................................................................................37
ARTICLE 22 IMPASSE RESOLUTION.........................................................................37
ARTICLE 23 ENTIRE AGREEMENT ............................................................................37
ARTICLE 24 TERM OF AGREEMENT .........................................................................37
APPENDIX A WAGE TABLE........................................................................................39
APPENDIX B REQUIRED INITIAL UNIFORM LIST.....................................................39
APPENDIX C GRIEVANCE FORM...............................................................................41
APPENDIX D DUES AUTHORIZATION FORM............................................................43
APPENDIX E GENERAL ORDER 22.10 ATTENDANCE RQUIREMENT....................44
APPENDIX F FAMILY MEDICAL LEAVE POLICY ......................................................47
APPENDIX G GENERAL ORDER 22.4 SECONDARY EMPLOYMENT ......................53
APPENDIX H SENIORITY LIST....................................................................................55
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PREAMBLE �
This Labar Agreement entered into by the City of McHenry, Illinois (hereinafter also referred to
as the "City" or the "Employer") and the McHenry Police Officers Association (hereinafter also
referred to as the "Union" or "Illinois Fraternal Order of Police, Labor Council") is in recognition
of the Union's status as the representative of the City's sworn full-time peace officers in the rank
of Patrol Officer in the Police Department,and has as its intent and purpose being the establishment
of an entire agreement covering all rates of pay, hours of work and conditions of employment
applicable to bargaining unit employees during the term of this Labor Agreement; the promotion
of good working relations between the Employer and the Union; to encourage and improve
efficiency and productivity; to prevent interruptions of work, and interference with the operations
of the City; and the establishment of an orderly procedure for the resolution of grievances as
provided herein. Therefore, in consideration of the mutual promises and agreements contained in
this Labor Agreement, the Employer and the Union do mutually promise and agree as follows:
ARTICLE 1 RECOGNITION
Section l.l Recognition
The City recognizes the Union as the sole and exclusive collective bargaining representative for
employees in bargaining Unit I defined as all sworn full-time peace officers in the rank of Patrol
Officer employed by the Police Department of the City hereinafter referred to as "officers" or
"employees"), but excluding all other employees, including, but not limited to: all employees
holding the position of Police Chief or Deputy Police Chief; all sworn officers above the rank of
Patrol Officer; all part-time or temporary employees; employees excluded from the definition of
"peace officer" as defined by Subsection 3(k) of the Illinois Public Labor Relations Act (as it
existed on January l, 1993) (hereinafter referred to as "IPLRA"); all non-Police Department
employees; and all managerial, supervisory, confidential, professional, short-term, security and
craft employees, as defined by the IPLRA.
Section 1.2 Duty of Fair Representation
The Union recognizes its responsibility as the exclusive bargaining agent for the employees in the
bargaining unit covered by this Labor Agreement,and the Illinois Fraternal Order of Police, Labor
Council agrees to fulfill its duty to fairly represent all employees in the bargaining unit, whether
or not they are members of the Union.
Section 1.3 New Classifications
The Employer shall promptly notify the Union of its decision to implement any new classifications
pertaining to work of a nature performed by employees in the bargaining unit. If the new
classification is a successor title to a classification covered by the Labor Agreement and the job
duties are not significantly altered or changed, the new classification shall automatically become
a part of this Labor Agreement. If the new classification contains a significant part of the work
now being done by any of the classifications covered by this Labor Agreement,or whose functions
are similar to employees in this bargaining unit, and the new job classification may fall within the
bargaining unit, the parties will then meet within thirty (30) days to review the proposed
classification and, if unable to reach agreement as to its inclusion or exclusion from the unit, the
Employer and the Illinois Fraternal Order of Police, Labor Council agree to jointly petition the
ISLRB to seek the necessary unit clarification.
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The Employer shall be free to implement its decision pending the outcome of the unit clarification
petition and/or negotiations. If the inclusion of the proposed classification is agreed to by the
parties or found appropriate under the Illinois Public Labor Relations Act, the parties shall then
negotiate as to the proper pay grade for the classification, subject to the impasse resolution
procedures of Article 22 of this Labor Agreement.
ARTICLE 2 UNION SECURITY AND RIGHTS
Section 2.1 Dues
While this Labor Agreement is in effect, the City will deduct the appropriate biweekly amount of
dues from each employee in the bargaining unit who has filed with the City a lawful, voluntary,
effective check-off authorization form. Check-off authorization forms shall be supplied to the City
by the Union and will be provided to newly hired employees at the same time such employees are
requested to complete other required employment documents. The City will honor all executed
check-off authorization fortns received not later than ten (10) working days (i.e., days the City's
administrative offices are open) prior to the next deduction date. If a conflict exists between the
check-off authorization form and this Article, the terms of this Article and Labor Agreement
control.
The City shall provide the Union with an opportunity to meet with all newly hired bargaining unit
members on or before their respective starting dates for the purpose of explaining the benefits of
membership in the Union. This privilege is subject to being discontinued in the event that a labor
organization other than the Union should file a valid representation petition with the ISLRB
claiming to represent a majority of the bargaining unit members.
Total deductions collected for each month shall be remitted by the City to the Illinois Fraternal
Order of Police, Labor Council by the tenth (lOth) of the following month, together with a list of
employees for whom deductions have been made. Dues deducted shall be sent to the official
address designated in writing to the Employer by the Illinois Fraternal Order of Police, Labor
Council. The Union agrees to refund to the employee any amount paid to the Illinois Fraternal
Order of Police, Labor Council in error on account of this due's deduction provision.
Dues shall be withheld and remitted to the Illinois Fraternal Order of Police, Labor Council unless
or until such time as the City receives ten (10) working days written notice a revocation of dues
from an employee, or other timely notice of an employee's death, transfer from covered
employment, termination of covered employment, or when there are insufficient funds available
in the employee's earnings after withholding all other legal and required deductions.
Information concerning dues not deducted under this Article shall be forwarded to the Union, and
this action will discharge the City's only responsibility with regard to such cases. The City shall
provide the Union with a copy of any revocation of dues deduction authorization within seven(7)
calendar days of the date the revocation is received by the City. Semiannually, the City shall
provide the Union with a list of all employees in the bargaining unit, their dues status, and the
amount paid in the previous six (6) month period. Deductions shall cease at such time as a strike
or work stoppage occurs in violation of Article 10 (No Strike-No Lockout). The actual dues to be
deducted shall be certified in writing to the City by the Illinois Fraternal Order of Police, Labor
Council.
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Dues shall each be uniform in dollar amount for all employees in order to ease the Employer's
burden of administering this provision. The Illinois Fraternal Order of Police, Labor Council may
change the fixed uniform dollar amounts of its regular monthly dues once each calendar year
during the life of this Labor Agreement. The Illinois Fraternal Order of Police, Labor Council will
give the City thirty (30) calendar days' notice of any such change in the amount of uniform dues
to be deducted.
Section 2.2 Bulletin Board
The City will make available space on a bulletin board in the Police Department for the posting of
official Union business which is germane to its role as the exclusive bargaining representative and
which are not defamatory or derogatory in nature. The Union will limit the posting of Union
business to such bulletin board. The posting of political materials shall be limited to notice of
meetings wherein political issues will be addressed, proposed agenda of political topics to be
discussed, and the posting of any final action taken by Illinois Fraternal Order of Police, Labor
Council with respect to said political issues via the posting of ineeting minutes.
Section 2.3 Union Indemnification
The Union shall indemnify, defend and hold harmless the City and its officials, representatives
and agents against any and all claims, demands, suits or other forms of liability (monetary or
otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by
the City in complying with the provisions of this Article.
Section 2.4 Union Officials
For purposes of the Labor Agreement, the term "Union Officials" or"Union Officers" shall refer
to the Union's duly elected Union stewards. The Union will maintain (and keep current) with the
Employer a complete written list of its Union Officials and other agents (including their addresses
and telephone numbers) who will deal with the City.
ARTICLE 3 MANAGEMENT RIGHTS
Except as specifically limited by the express provisions of this Labor Agreement, the City retains
all traditional rights to manage and direct the affairs of the City in all of its various aspects and to
manage and direct its employees, to make and implement decisions with respect to the operation
and management of its operations in all respects, including, but not limited to, the following: to
plan, direct, control and determine all the operations and services of the City; to determine the
Police Department's mission,policies,procedures, and to set all standards of service offered in the
community; to determine the budget, and to allocate budgetary priorities; to utilize and select
suppliers and subcontractors; to supervise and direct the working forces; to establish the
qualifications for hire and conditions for continued employment; to determine standards of
conduct,both on and off duty,to the extent permitted by federal and state law;to select,hire,train,
evaluate, promote, demote and transfer employees; to schedule and assign work and work duties;
to assign overtime; to establish and enforce work, productivity and performance standards and,
from time to time, to change those standards; to determine the methods, means, organization and
number of personnel by which City operations and services shall be provided or purchased; to
determine whether services are to be provided by employees covered by this Labor Agreement or
by other employees or non-employees not covered by this Labor Agreement(provided such action
does not result in layoffs in violation of the IPLRA); to make, alter and enforce rules, regulations,
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orders and policies; to change or eliminate existing methods, equipment or facilities; to layoff or
otherwise relieve employees from duty because of lack of work or for other reasons; and to take
any and all actions as may be necessary to carry out the mission, duties and responsibilities of the
City in situations of local disaster of civil emergencies as may be formally declared by the Mayor
or Mayor's designee, the provisions of this Labor Agreement notwithstanding. It is the sole
discretion of the Mayor or Mayor's designee to declare that a local disaster of civil emergency
condition exists. In the event of such emergency action, the provisions of this Labor Agreement
may be suspended. A local disaster of civil emergency shall include, but is not limited to, riots,
civil disorder, and natural or manmade disaster conditions.
ARTICLE 4 LABOR-MANAGEMENT MEETINGS
The Illinois Fraternal Order of Police, Labor Council and the City agree that, in the interest of
efficient management and harmonious employee relations, meetings are held up to once quarterly
at the request of either party or at other times mutually agreed between Illinois Fraternal Order of
Police, Labor Council representatives and the Chief and/or the City Administrator. It is expressly
understood and agreed that such meeting shall be exclusive of the grievance procedure. Specific
grievances being processed under the grievance procedure shall not be considered at "labor-
management meetings" nor shall negotiations for the purpose of adding to or altering any of the
terms of this Labor Agreement be carried on at such meetings. Attendance at labor-management
meetings shall be voluntary on the employee's part, and attendance by off-duty personnel during
such meetings shall not be considered time worked for compensation purposes. If at the quarterly
labor management meeting or meetings scheduled at the request or consent of the City during the
regularly scheduled duty hours of one (1) or two (2) employee Union representatives, and if it is
mutually agreed between the Chief or Chief s designee and the Union, such employee Union
representatives shall be released from duty without loss of pay, provided they shall remain
available to return to duty if needed. Normally, up to three (3)persons from each side shall attend
these meetings, schedules permitting. 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
meeting" and expressly providing the agenda for such meeting. Such meetings and locations, if
mutually agreed upon, shall be limited to:
(a) discussion on the implementation and general administration of this Labor Agreement.
(b) a sharing of general information of interest to the parties.
(c) notifying the Illinois Fraternal Order of Police, Labor Council of changes in conditions of
employment contemplated by the Employer which may affect employees.
(d) issues or concerns involving safety.
ARTICLE 5 MAINTENANCE OF ECONOMIC BENEFITS
All economic benefits which are not set forth in this Labor Agreement and have not been
eliminated during negotiations and that are currently in effect shall continue and remain in effect
until such time as the City shall notify Illinois Fraternal Order of Police, Labor Council of its
intention to change them. Upon such notification, and if requested by Illinois Fraternal Order of
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Police,Labor Council,the City shall meet and discuss such change before it is finally implemented
by the City. Any change made without such notice shall be considered temporary pending the
completion of such meet and confer discussions. If Illinois Fraternal Order of Police, Labor
Council becomes aware of such change and has not received notification, the Illinois Fraternal
Order of Police, Labor Council must notify the City as soon as possible and request discussions,
if such discussions are desired. The failure of the Illinois Fraternal Order of Police, Labor Council
to request discussions shall act as a waiver of the right to such discussions by Illinois Fraternal
Order of Police, Labor Council; however, no waiver will be construed to have occurred absent a
showing that the Illinois Fraternal Order of Police, Labor Council actually knew of the City's
proposed or temporary change and failed to act upon it.No past economic practice,however, shall
be construed so as to supersede or alter the plain meaning of the express provisions of this Labor
Agreement,nor shall this Article be deemed to restrict management rights as outlined in this Labor
Agreement.
ARTICLE 6 HOURS OF WORK AND OVERTIME
Section 6.1 General Provisions
Purpose of Article The sole purpose of this Article is to provide a basis for the calculation of
straight time,overtime,and other premium wages. The Employer's pay records,practices,policies
and other procedures shall govern the payment of all wages.
No Guarantee of Work Nothing in this Article shall be construed as a guarantee of hours of work.
This Article is intended only as a basis for computing overtime consistent with the provisions of
the Fair Labor Standards Act. This Article is not intended to establish a right to compensation in
any form for time not worked except as specifically provide for in this Labor Agreement.
No Pvramidin� Compensation shall not be paid more than once for the same hours under any
provision of this Labor Agreement.
Section 6.2 Normal Work Period, Workday and Work Schedule
Shift Employees' normal work schedules are as follows:
7:30 AM-4:00 PM (Days)
3:30 PM-12:00 AM (Afternoons a/k/a evenings)
11:30 PM-8:00 AM (Night's a/k/a midnights)
Employees shall work what is commonly referred to the 6-3 schedule. The normal workday for
shift employees is 8.5 hours for six(6)days, followed by three (3)days off. The workday includes
a paid thirty(30)minute lunch break,which will normally be scheduled by the officer's immediate
supervisor. It is understood by the parties that this schedule includes two (2) buy back days. The
Chief of Police or Chief s designee will assign personnel to training during the year to total the
appropriate number of buy-back hours. Buyback days will be scheduled a minimum of one (1)
month in advance. Officers will not be assigned a buyback day on a day off group (three (3) day
pattern as defined above) when an officer has previously been approved for benefit time
immediately preceding the three(3)days off or immediately following the three(3)days off,unless
the officer voluntarily waives this restriction.
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Section 6.3 Changes in Normal Work Period,Workdav and Work Schedule
The shifts, workdays and hours to which employees are assigned shall be stated on the
Departmental work schedule. Subject to the provisions of Section 6.10 herein, should it be
necessary in the interest of efficient operations to temporarily alter or reassign the regular and
normal workday, work period, work shift or work schedule, absent unexpected circumstances or
an emergency,the City shall give at least twenty-four(24)hours' notice to the individuals affected
by any such change. In its discretion, desires to permanently alter the normal twenty-four (24)
scheduling arrangement as set forth in Section 6.2,the City shall (1) inform the Union of any such
change thirty (30) days before it is implemented and (2) if requested, allow the Union the
opportunity to comment on same through a labor-management meeting in accordance with Article
4, the City's discretion in permanently altering the normal twenty-four (24) hour scheduling
arrangement shall not be unreasonably applied.
Section 6.4 Overtime Pay
When any employee works more hours in a workday than the number of hours in the employee's
normal shift or works more than one hundred seventy-one (171) hours in a twenty-eight (28) day
work period,the officer shall be paid at a rate of one and one-half(1-1/2)times the officer's regular
straight-time hourly rate of pay for each overtime hour worked beyond the employee's normal
shift or one hundred seventy-one (171) hours in a twenty-eight (28) day work period. A non-shift
employee shall be paid at one and one-half(1-1/2) times the officer's regular straight time hourly
rate of pay for each hour worked in excess of the employee's normal shift or in excess of forty
(40) hours in a seven (7) day work period. Overtime pay shall be received in fifteen (15) minute
segments as provided by the Fair Labor Standards Act (FLSA). For purposes of this Article, time
worked shall include only that time spent on duty as provided by the Fair Labor Standards Act
(FLSA) and shall not include any uncompensated periods or time which is compensated but not
actually worked, including but not limited to vacation, sick leave, or any other leave of absence.
All overtime shall be paid on the basis of a regular straight time hourly rate calculated by dividing
an employee's annual salary by 2080.The parties herein agree that with the transition to the normal
twenty-four (24) hour scheduling arrangement as set forth in Section 6.2, all overtime hours
incurred during the initial pay period as a result of said transition shall be paid to bargaining unit
members at the affected officer's normal straight time rate of pay.
Section 6.5 Court and Training Time
Police Officers who would otherwise be off-duty shall be paid a minimum of three (3) hours' pay
at their applicable overtime rate of pay for all hours worked when(1) appearing in court on behalf
of the City in the capacity of a commissioned officer, or (2) when preparing for an off-duty court
appearance when in the presence of a prosecuting attorney,or(3)when participating in mandatory
off-duty training exercises or meetings. The three (3) hours shall not apply where (1) the court or
training, or meeting time precedes within three (3) hours of the employee's regular work shift or
(2)court or training or meeting time immediately follows an employee's regular work shift. Lunch
periods in connection with court time shall not be counted toward hours worked.
Section 6.6 Call Back Pav
A call-back is defined as a work assignment which does not immediately precede or follow an
employee's regularly scheduled working hours. A Police Officer called back to work after having
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left work shall receive a minimum of two(2) hour's pay at the overtime rate,unless the individual
is called back by the Patrol Officer's supervisor to rectify the officer's own error.
Section 6.7 Compensatory Time
Where requested by the affected employee,the City shall grant compensatary time for all overtime
hours worked, up to a maximum of fifty-one (51) hours of compensatory time per shift employee,
or fifty-one (51) hours of compensatory time per non-shift employee, in any given calendar year.
Compensatory time may be replenished. Compensatory time off shall be taken at such time as
agreed to by the Chief of Police. Accumulated compensatory time not taken by the end of the
calendar year shall be paid to the affected employee on the first scheduled payroll in the next
calendar year, with the exception of seventeen (17) hours or two regular shifts, whichever is less,
which may be carried over to the next calendar year. Compensatory time off shall be counted
toward hours of work for purposes of calculating overtime. Compensatory times shall be used in
increments of no less than two (2) hours.
Section 6.8 Required Overtime
The Chief of Police or Chief s designee(s) shall have the right to require overtime work and
employees may not refuse overtime assignments. In non-emergency situations,the Chief or Chief s
designee as a general rule shall take reasonable steps to obtain volunteers for overtime assignments
before assigning required overtime work. However, volunteers will not necessarily be selected for
work in progress. Also, specific employees may be selected for special assignments based upon
specific skills, ability and experience they may possess.
Re�ular Shift Shortage Required Overtime
When such regular shift required overtime becomes available, it will be offered in the following
steps:
Shift Shortage (with Supervisor alreadv working on the short shift)
1. It shall be offered first to the off going and on coming bargaining unit personnel in four(4)hour
increments by seniority, then
2. Offered to off going and on coming supervisors in four (4) increments, then
3. Offered to bargaining unit personnel assigned to the affected shift who are currently off duty by
seniority, then
4. Offered to supervisors assigned to the affected shift who are currently off duty, then
5. If the hours remain unfilled, then officers will be ordered to work the required overtime based
on reverse seniority of the off going and on coming shifts, in four(4)hour increments.
Shift Shorta�e (with no Supervisor working the short shift)
1. It shall be offered first to off going and on coming supervisors in four(4) hour increments, then
2. Offered to the off going and oncoming bargaining unit personnel in four (4) hour increments,
by seniority, then
3. Offered to supervisors assigned to the affected shift who are currently off duty, then
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4. Offered to bargaining unit personnel assigned to the affected shift who are currently off duty by
seniority, then
5. If the hours remain unfilled, then officers will be ordered to work the required overtime based
on reverse seniority of the off going and on coming shifts, in four (4) hour increments.
Special Events/Special Assignment Required Overtime
When such special event / special assignment required overtime becomes available, the overtime
shall be posted as an overtime detail by the Chief of Police or the Chief's designee(s). The
overtime shall be made available to all Unit I bargaining members and those selected will be
selected on a rotating seniority basis (that resets annually) and job qualifications. If hours remain
unfilled, the overtime shall be filled by ordering members of the bargaining unit to work on a
reverse seniority basis. All special assignments that have been approved by the Chief of Police as
"Special Assignment Required Overtime" details shall be overtime assignments and one and one
half the selected officer's hourly rate of pay will apply.
Overtime Assi�nment Exception
The McHenry West Campus Bus Detail will be filled on a continuous rotating seniority basis. The
McHenry West Campus Bus Detail will not follow seniority selection, but Officers and Sergeants
will be able to sign up for three (3) details at a time until all monthly bus details are filled. The
Chief of Police or Chief's designee(s)will maintain a record of the process used to assign overtime
and will make available to the Union Stewards upon request.
Section 6.9 Shift Trades
In accordance with the Fair Labor Standards Act, an employee may trade duty days with another
employee in the same rank and position, provided that the trade: (a) has been requested at least
one (1)duty day in advance, (b) does not adversely interfere with the operations of the department
or an employee's training and (c) is approved by the Chief of Police or Chief s designee; such
approval not to be unreasonably withheld. It is understood in this regard that the substitute
employee must be capable of performing all of the job functions of the employee originally
scheduled to work the shift. The hours worked by the substitute employee shall be excluded by the
City in the calculation of hours, for which the substitute employee would otherwise be entitled to
compensation including overtime compensation. The hours worked by the substitute employee
shall be counted as hours worked by the employee originally scheduled to work.
Section 6.10 Senioritv Shift Biddin�
Bargaining unit employees shall be allowed to exercise their seniority for selection of shift
assignments and day off patterns on an annual basis. For all available positions within the
bargaining unit,the Employer retains the right to decide shift assignments until an employee is (1)
released to the solo patrol phase of the Field Training Program and(2)completes one(1)additional
calendar year of shift rotation prior to starting a new annual permanent shift assignment.
Shift Bids
The Employer shall conduct shift bids between September 1 and September 30 each year,for shifts
effective January 1, by compiling a list of personnel seniority dates. Employees shall then bid for
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their choices of shift. Employees shall be given choices corresponding to the number of positions
for each shift. All positions of a shift shall be available, except those reserved by the Employer as
defined below. On or before October 1, the employer shall post a list identifying which shift each
Officer has been assigned. Early car assignments will be selected by the Chief of Police or Chief's
designee(s).
Rotation Selection
The Employer shall conduct day off patterns bids between October 1 and October 31 each year for
day off patterns effective January 1. On or before October 1, the Employer shall post a list
identifying which shift each officer has been assigned. Officers assigned to early cars on each shift
will bid for a rotation amongst themselves by seniority. Officers on each individual shift that are
not designated as early cars; will bid amongst themselves by seniority for their day off pattern.
Any shift transfers required as a result of this process shall take effect January 1 each year.
Reserved Positions
1) Illinois Fraternal Order of Police, Labor Council and the City agree that employee assignments
to K-9 Officer, Street Crimes, School Liaison, Task Force, and Investigations shall not be
considered "available positions" within the meaning of this Section.
2) The Chief of Police reserves the right to temporarily reassign a bargaining unit member to a
shift other than the shift the employee bid for by seniority as provided herein, for purposes of
continuing law enforcement education and training or other required training of the employee,
subject to the notice provisions of Article 6, Section 6.3 herein.
3) The Chief of Police reserves the right to temporarily reassign a bargaining unit member to a
shift other than the shift the employee bid for by seniority as provided herein, to temporarily
replace another bargaining unit member on extended medical leave of absence.
4) The Chief of Police reserves the right to temporarily reassign bargaining unit members to a shift
other than the shift the employee bid for by seniority as provided herein, in the event of an
emergency.
5) The Chief of Police reserves the right to reassign a bargaining unit member to a shift other than
the shift the employee bid for by seniority as provided herein,where performance deficiencies give
rise to the necessity of such transfer. In the event an employee's performance is deficient, and
where the employee has been subjected to an oral reprimand and has subsequently been subjected
to a written reprimand for the employee's performance deficiencies, the Chief of Police, in his
discretion,may reassign the employee to another shift determined to be appropriate, said discretion
not to be unreasonably applied. In the event the Chief of Police reassigns a bargaining unit member
to another shift due to performance deficiencies of the bargaining unit member as described herein
above, the City shall first offer to an employee in the same day off group as the transferred
employee the opportunity to fill the shift vacancy created by the disciplined employee's transfer.
If an employee in the same day off group declines the opportunity to fill the shift vacancy,the City
agrees to fill the shift vacancy created by the disciplined employee's transfer with a bargaining
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unit member from the five(5)years or less seniority group,rather than to compromise the schedule
of employees within the five (5) years or more of seniority shift bidding group.
Shift Trades By mutual agreement between employees with the consent of the Chief of Police or
Chiefs designee, subject to the operating needs of the department, individual employees may bid
shift changes in addition to the annual bid.
Shift Vacancies If after bidding for shift a vacancy occurs (sixty (60) days or longer), then
preferably an employee on a duplicate day off group may be moved to the vacant position. No
further bidding of shifts shall occur until the normal annual shift bidding procedure occurs. The
shift bidding provisions above shall begin on October 1, 1996,to be effective for the calendar year
beginning January 1, 1997 and shall continue thereafter in subsequent calendar years. Nothing in
this Article shall limit the rights of the City or Chief of Police to determine the number of officers
on each shift.
Section 6.11 Officer-In-Char�e/Field Training Officer Pav
An employee assigned as an Officer-In-Charge for a minimum of four(4)hours during a shift shall
receive additional compensation in the amount of one (1) hour of overtime pay for such
assignment. Only one (1) Officer can receive OIC pay per shift. An employee assigned as a Field
Training Officer for a minimum of four (4) hours during a shift shall receive additional
compensation in the amount of one(1)hour of straight pay for such assignment.No more than two
(2) Officers can receive FTO pay for training the same employee on the same day. In the event an
employee is assigned to both positions during the same shift, the employee will receive the higher
of the two (2) rates.
Section 6.12 On-Call Pav
Officers who are regularly assigned to be On-Call as a part of their duties shall be compensated
for this On-Call status by payment of twenty (20)hours of straight-time pay. Ten(10)hours shall
be paid in the first half of the year(May) and ten(10) hours shall be paid in the second half of the
year(November).
ARTICLE 7 SENIORITY, LAYOFF AND RECALL
Section 7.1 Definition of Senioritv
For purposes of this Labor Agreement, seniority shall be defined as an employee's length of
continuous service from the last date of beginning continuous full-time employment in a position
covered by this Labor Agreement. Seniority shall accumulate during all authorized paid leaves of
absence and during suspensions of thirty(30)days or less. Seniority shall not accumulate from the
first day of an authorized unpaid leave or absence of lay off of thirty (30) calendar days or more.
Conflicts of seniority shall be determined on the basis of the order of the employees' names on the
eligibility list from which they were hired.
Section 7.2 Probationary Period
All new employees and those hired after loss of seniority shall be considered probationary
employees until they have completed a probationary period of eighteen (18) months of work.
Officers hired from other Departments who are fully credited will be considered probationary until
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they have completed a probationary period of fifteen(15)months of work.The probationary period
may be extended up to three (3)months by the Chief of Police.
Time absent from duty or not served for any reason (such as, including but not limited to, unpaid
leave of absence,duty related injury or illness,jury duty,military leave,etc.)shall not apply toward
satisfaction of the probationary period, except for holidays, vacation and paid sick leave.
Probationary employees shall be entitled to all rights, privileges and benefits provided for in this
Labor Agreement, except that during an employee's probationary period, the employee may be
terminated without cause. Such probationary employee shall have no recourse to the grievance
procedure or to the Board of Police Commissioners to contest a layoff or termination.Furthermore,
there shall be no seniority among probationary employees for purposes of layoffs.Upon successful
completion of the probationary period, an employee shall acquire seniority which shall be
retroactive to the officer's last date of hire with the City in a position covered by this Labor
Agreement.
Section 7.3 Senioritv List
On or about October 1 each year, the City will provide the Union with a seniority list of all
employees in the bargaining unit setting forth each employee's seniority date and rank. The City
shall not be responsible for any errors in the seniority list unless such errors are brought to the
attention of the City in writing within thirty (30) days after the Union's receipt of the list. Upon
request in writing to the Police Chief,an updated seniority list will be provided to the Union during
the course of the year.
Section 7.4 Lavoff
The City, in its discretion, shall determine whether layoffs are necessary. If it is determined that
layoffs are necessary, employees covered by this Labor Agreement will be laid off in accordance
with their length of service as provided in the Illinois Compiled Statutes (65 ILCS 5/10-2.1-18, as
it existed as of January 1, 1993),provided that,however,probationary employees shall be selected
for layoff based on relative skill and ability as determined by the Chief; and provided further that
the remaining employees are qualified to do the remaining work without further training. In the
event a non-probationary employee is laid off ahead of a probationary employee subject to the
aforementioned provision, said non-probationary employee or employees shall be given an
additional twelve (12) months (up to a total of twenty-four (24) months) for purposes of recall
pursuant to Section 7.5.
Section 7.5 Recall
Employees (including probationary employees) who are laid off shall be placed on a recall list, in
the reverse order of their layoff for a period of twelve (12) months. If there is a recall, employees
who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they
meet the City's medical, physical fitness and mental standards and are fully qualified to perform
the work to which they are recalled without further training. An employee who is recalled and fails
to meet such standards at the time of recall shall be passed over and returned to the top of the recall
list; such an employee will be eligible for a second recall for a future vacancy so long as the officer
remains on the recall list. An employee's seniority will be terminated if the officer fails such
standards upon a second recall. Employees who are eligible for recall shall be given at least thirty
(30) calendar days' notice of recall (with the first of the thirty (30) days being the date the notice
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to the employee is postmarked). The notice of recall shall be sent to the employee by certified
mail,return receipt requested,with a copy similarly mailed or personally delivered to a designated
representative of the Union. The employee must notify the Police Chief or Chief s designee of the
officer's intention to return to work within three (3) calendar days after receiving notice of recall
(but in no event later than thirty (30) days from the date of postmark of the notice of recall). The
City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail,
return receipt requested, to the mailing address last provided by the employee, it being the
obligation and responsibility of each employee to provide the Police Chief or Chief s designee with
the officer's latest mailing address. If an employee fails to timely respond to a recall notice or if an
employee either declines the recall or does not report to work as scheduled,the officer's name shall
be removed from the recall list. If the City has not heard from the employee within thirty (30)
calendar days of mailing a properly addressed notice of recall, or if the notice is returned as
undeliverable by the United States Postal Service, whichever occurs first, the employee's name
shall be removed from the recall list.
Section 7.6 Termination of Seniority
Seniority for all purposes and the employment relationship shall be terminated if the employee:
(a) quits; retires or is retired,
(b) is discharged, for just cause.
(c) falsifies the reason for a leave of absence or is found to be working during a leave of absence
without prior written approval of the Chief.
(d) fails to report to work at the conclusion of an authorized leave of absence, layoff, or vacation.
(e)is laid off and fails to respond to a notice of recall within three (3)calendar days after receiving
notice of recall or to report for work at the time prescribed in the notice of recall or otherwise does
not timely respond to a notice of recall as provided in Section 7.5 of this Labor Agreement.
(�is laid off or otherwise does not perform bargaining unit work for the City for a period in excess
of twelve (12) months; or
(g) is absent for three (3) consecutive working days without notification to or authorization from
the City.
ARTICLE 8 MCHENRY POLICE COMMISSION
The parties recognize that the Board of Police Commissioners of the City of McHenry has certain
statutory authority over employees covered by this Labor Agreement, except as otherwise
referenced in this Labor Agreement, including but not limited to certain authority over discipline
and discharge of probationary employees and the right to make, alter and enforce rules and
regulations. Nothing in this Labor Agreement is intended in any way to replace or diminish the
authority of the Board of Police Commissioners, except as otherwise denoted in the Labor
Agreement.
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ARTICLE 9 GRIEVANCE PROCEDURE
Section 9.1 Definition
A "grievance" is defined as a dispute or difference of opinion raised under and during the term of
this Labor Agreement(as set forth in Article 24,Duration and Term of Agreement)by an employee
against the City involving an alleged violation, misinterpretation, or misapplication of an express
provision of this Labor Agreement. The parties agree that the Chief of Police (or the Chief's
designee) shall have the right to implement disciplinary suspension, including termination of a
covered member for just cause, and shall not file charges with the City's Board of Fire and Police
Commissioners. Neither the Police Chief nor the City or their agents will file charges asking the
Board of Fire and Police Commissioners to impose discipline on any non-probationary bargaining
unit employee; instead, all such discipline shall be imposed by the Police Chief or designee.
The decision of the Police Chief or the Chief's designee with respect to any suspension or dismissal
action shall be deemed final, subject only to the review of said decision through the grievance and
arbitration procedure. The sole recourse for appealing any such decision by the Chief of Police or
the Chief's designee shall be for the employee to file a grievance as described herein. If the
employee elects to file a grievance as to their suspension or dismissal, the grievance shall be
processed in accordance with Article 9 of this Labor Agreement, except that it shall be filed at step
4 of the procedure. If the grievance proceeds to arbitration and the arbitrator determines that the
disciplinary action was not supported by just cause,the arbitrator shall have the authority to rescind
or to modify the disciplinary action and order back pay, or a portion thereof. No relief shall be
available from the Board of Fire and Police Commissioners with respect to any matter which is
subject to the grievance and arbitration procedure set forth in Article 9 of this Labor Agreement.
The parties have negotiated an alternative procedure based upon the grievance and arbitration
provisions of this Labor Agreement, and the foregoing provisions with respect to the appeal and
review of suspension and discharge decisions shall be in lieu of and shall expressly supersede and
preempt and provisions that might otherwise be the Rules and Regulations of the City's Board of
Fire and Police Commissioner's. Discipline of probationary officers, as well as any verbal
warnings, written reprimands or written warnings shall not be subject to the grievance and
arbitration procedure.
Section 9.2 Procedure
A grievance filed against the City will be processed in the following manner. The parties may
bypass one (1) or more steps of the following procedure by written mutual agreement:
Step 1 An employee who has a grievance is encouraged to resolve the grievance informally
through discussions with the officer's immediate supervisor(normally the Officer's sergeant) who
is not a member of any bargaining units and who is not otherwise represented by any Union. Any
employee who has a grievance that cannot be resolved informally shall submit the grievance in
writing to the immediate supervisor who is not a member of any bargaining unit and who is not
otherwise represented by any Union specifically indicating that the matter is a grievance under this
Labor Agreement. The grievance shall contain a complete statement of the facts, the provision or
provisions of this Labor Agreement which are alleged to have been violated, and the specific relief
requested. All grievances must be presented no later than seven(7) calendar days from the date of
the occurrence of the event first giving rise to the grievance or within seven(7)calendar days after
the employee, through the use of reasonable diligence, could have obtained knowledge of the
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occurrence of the first event giving rise to the grievance. The immediate supervisor shall render a
written answer to the grievant within seven (7) calendar days after the grievance is presented.
Step 2 If the grievance is not settled at Step 1 and the grievant wishes to appeal to Step 2 of the
grievance procedure, it shall be submitted in writing to the appropriate Division Commander
within seven(7) calendar days after receipt of the City's written answer in Step 1 or within seven
(7) calendar days of when the City's answer in Step 1 was due. The grievance shall specifically
state the basis upon which the grievant believes the grievance was improperly denied at the
previous step of the grievance procedure. The Division Commander shall meet to discuss the
grievance with the grievant at a mutually agreeable time within seven (7) calendar days of the
Division Commander's receipt of the grievance.
The Division Commander may present other persons whom the Division Commander deems
appropriate. If no settlement of the grievance is reached, the Division Commander will provide a
written answer within seven(7)calendar days of the meeting or, if no meeting is held,within seven
(7) calendar days after the Division Commander's receipt of the grievance.
Step 3 If the grievance is not settled at Step 2 and the grievant wishes to appeal to Step 3 of the
grievance procedure, it shall be submitted in writing to the Police Chief within seven(7) calendar
days after receipt of the City's written answer in Step 2 within seven (7) calendar days of when
the City's written answer in Step 2 was due. The grievance shall specifically state the basis upon
which the grievant believes the grievance was improperly denied at the previous step of the
grievance procedure. The Chief shall meet to discuss the grievance with the grievant and a Union
Official at a mutually agreeable time within seven (7) calendar days of the Chief s receipt of the
grievance. The Chief may present other persons whom the Chief deems appropriate. If no
settlement of the grievance is reached, the Chief will provide a written answer within seven (7)
calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after the
Chief s receipt of the grievance.
Step 4 If the grievance is not settled at Step 3 and the grievant wishes to appeal the grievance to
Step 4 of the grievance procedure, it shall be submitted in writing to the City Administrator within
seven (7) calendar days after receipt of the City's written answer in Step 3 or within seven (7)
calendar days of when the City's written answer in Step 3 was due. The grievance shall specifically
state the basis upon which the grievant believes the grievance was improperly denied at the
previous step of the grievance procedure. The City Administrator or City Administrator's designee
shall investigate the grievance and, in the course of such investigation, shall meet to discuss the
grievance within seven (7) calendar days with the grievant and a Union Official. The City
Administrator may present other persons whom he deems appropriate. If no such settlement of the
grievance is reached, the City Administrator ar City Administrator's designee shall provide a
written answer to the grievant and a designated Union Official within seven (7) calendar days
following the meeting or, if no meeting is held, within seven(7) calendar days after receipt of the
appeal.
Section 9.3 Arbitration
If the grievance is not settled in Step 4 and the Union wishes to appeal the grievance from Step 4
of the grievance procedure, the Union may refer the grievance to arbitration, as described below,
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within twenty-one(21) calendar days of the receipt of the City's written answer as provided to the
Union at Step 4 or within twenty-one (21) calendar days of when the City's answer in Step 4 was
due:
(a)The parties shall attempt to agree upon an arbitrator within seven(7)calendar days after receipt
of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said
seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation
Service to submit a panel of seven (7) arbitrators. Each party retains the right to reject one (1)
panel in its entirety and request that a new panel be submitted. Both the City and the Union shall
have the right to alternately strike being determined by the flip of a coin. The person remaining
shall be the arbitrator.
(b) The arbitrator shall be notified jointly by the parties of their selection and shall be requested to
set a time and place for the hearing, subject to the availability of Union and City representatives.
(c) The City and the Union shall have the right to request the arbitrator to require the presence of
witnesses or documents. The City and the Union retain the right to employ legal counsel.
(d) The arbitrator shall submit the arbitrator's decision in writing within thirty (30) calendar days
following the close of the hearing or the submission of briefs by the parties, whichever is later.
(e) More than one (1) grievance may be submitted to the same arbitrator only if both parties
mutually agree to do so in writing.
The fees and expenses of the arbitrator and the cost of a court reporter and a written transcript, if
any, shall be divided equally between the City and the Union; provided, however, that each party
shall be responsible for compensating its own representatives and witnesses.
Section 9.4 Limitations on Authoritv of Arbitrator
The arbitrator shall have no right to amend, modify, and nullify, ignore, add to, or subtract from
the provisions of this Labor Agreement. The arbitrator shall consider and decide only the question
of fact as to whether there has been a violation,misinterpretation, or misapplication of the specific
provisions of this Labor Agreement. The arbitrator shall be empowered to determine the issue
raised by the grievance as submitted in writing at Step 2. The arbitrator shall have no authority to
make a decision on any issue not so submitted or raised. The arbitrator shall be without power to
make any decision or award which is contrary to or inconsistent with, in any way, applicable laws
or court decisions, or rules and regulations of administrative bodies that have the force and effect
of law. The arbitrator shall not in any way limit or interfere with the powers, duties, and
responsibilities of the City under law and applicable court decisions. Any decision or award of the
arbitrator rendered within the limitations of this Section 9.4 shall be final and binding upon the
City, Union and the employees covered by this Labor Agreement.
Section 9.5 Time Limit for Filin�
No grievance shall be entertained or processed unless it is submitted at Step 1 within seven (7)
calendar days after the occurrence of the event first giving rise to the grievance or within seven(7)
calendar days after the employee, through the use of reasonable diligence, could have obtained
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knowledge of the occurrence of the first event giving rise to the grievance. If a grievance is not
presented by the employee within the time limits set forth above, it shall be considered "waived"
and cannot be pursued further. If a grievance is not appealed to the next step within the specified
time limit or any agreed extension thereof, it shall be considered settled on the basis of the City's
last written answer. If the City does not hold a meeting or answer a grievance or an appeal thereof
within the specified time limits, the aggrieved employee may elect to treat the grievance as denied
at that step and immediately appeal the grievance as denied at that step and immediately appeal
the grievance to the next step. The parties may by mutual agreement in writing extend any of the
time limits set forth in this Article.
Section 9.6 Union Grievances
If a grievance alleges a violation, misinterpretation, or misapplication of the specific terms of this
Labor Agreement that relate directly to Union rights (e.g., dues check-off, labor-management
meetings, bulletin boards) or, if a grievance arises out of the same facts and alleges the same
violation, misinterpretation, or misapplication of the specific terms of this Labor Agreement as to
a class of two (2) of more employees, the Union, acting through a designated Union official, shall
have the right to submit a grievance at the Second Step of the grievance procedure. If the Division
Commander and the designated Union Official agree that the grievance cannot properly be
resolved by the Divisional Commander, the grievance shall be immediately advanced to the Third
Step of the grievance procedure. Any such grievance must be submitted within seven(7) calendar
days after the first event giving rise to the grievance or within seven (7) calendar days after the
Union, through the use of reasonable diligence, could have obtained knowledge of the occurrence
of the first event giving rise to the grievance.
Section 9.7 Miscellaneous
No member of any bargaining unit shall have any authority to respond to a grievance being
processed in accordance with the grievance procedure set forth in this Article.Moreover,no action,
statement, agreement, settlement, or representation made by any member of any bargaining unit
or other City employee represented by any Union shall impose any obligation or duty or be
considered to be authorized by or binding upon the City has agreed thereto in writing.
ARTICLE 10 NO STRIKE-NO LOCKOUT
Section 10.1 No Strike Commitment
The Labor Organization and the members of the bargaining unit covered by this Labor Agreement
recognize and agree that the rendering of police services to the City and cooperation and support
to surrounding police jurisdictions, cannot, under any circumstances or conditions be withheld,
interrupted, or discontinued, and that to do so will endanger the health, safety, and inhabitants
thereof.
Section 10.2 Strikes Prohibited
Neither the Union nor any of its officers or agents, nor any employees covered by this Labor
Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any strike,
sympathy strike, or any other intentional interruption or disruption of the operations of the City,
and no employee covered by this Labor Agreement shall refuse, while on duty,to cross any picket
line, wherever established.
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Section 10.3 Job Actions Prohibited
Neither the Union nor any of its officers or agents, nor any employees covered by this Labor
Agreement will,for any reason,instigate,promote,sponsor,aid,condone or engage in any boycott,
secondary boycott, residential hand billing, work slowdown, speed-up, sit-down, concerted
application of unauthorized or abnormal or unapproved enforcement procedures or policies,
concerted disobedience of lawful orders of a superior, concerted stoppage of work, concerted
refusal to perform overtime, deliberate absenteeism,picketing of any kind or any other intentional
interruption or disruption of the operations of the City.
Section 10.4 Violations of This Article
Any or all employees who violate any of the provisions of this Article may be discharged or
otherwise disciplined by the City, and the only issue that may be used in any proceeding in which
� such discipline or discharge is challenged is whether or not the employee actually engaged in such
prohibited conduct. Such discipline may include any, some or all of the employees involved. The
failure to confer a penalty in any instance is not a waiver of such right in any instance nor is it a
precedent. Any disciplinary action taken by the City for employee activities prohibited by this
Section shall not be considered a violation of this Labor Agreement and shall not be subject to the
grievance and arbitration procedures of this Labor Agreement.
Section 10.5 Illinois Fraternal Order of Police, Labor Council Notification of Emplovees
The Illinois Fraternal Order of Police, Labor Council agrees to notify all Union Officials mid
agents of their obligations and responsibility for maintaining compliance with this Section,
including their responsibility to abide by the provisions of this Section by remaining at work (that
is, those who are employees of the City) during any interruption as outlined above. In addition, in
the event of a violation of this Section of this Article, the Illinois Fraternal Order of Police, Labor
Council agrees to inform its members of their obligations under this Labor Agreement and to
encourage and direct them to return to work by all means available under its Constitution, By-
Laws, or otherwise.
Section 10.6 No Lockout
The City will not lock out any employees during the term of this Labor Agreement as a result of
an actual or anticipated labor dispute with the Union so long as there is good faith compliance by
the Illinois Fraternal Order of Police, Labor Council with this Article.
Section 10.7 Judicial Relief
Nothing contained herein shall preclude the Employer from obtaining a temporary restraining
order, damages and other judicial relief as determined appropriate by the Court in the event the
Illinois Fraternal Order of Police, Labor Council or any employees covered by this Labor
Agreement violate this Article.
ARTICLE 11 HOLIDAYS AND PERSONAL BUSINESS LEAVE
Section 11.1 Holidays
The following are recognized as holidays for eligible employees:
New Year's Day
Martin Luther King's Birthday President's Day Memorial Day
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Independence Day Labor Day Veterans Day
Thanksgiving Friday after Thanksgiving
Christmas Eve (one-half 1/2 day) Christmas Day
The City agrees to allow bargaining unit employees to use accrued holiday pay as paid time off in
lieu of cash payment as provided in Section 11.2 herein. Holiday pay shall accrue to an employee's
credit on the actual holiday itself. Employees may use accrued holiday pay as paid time off by
requesting same in writing subject to the approval of the Chief of Police or Chiefs designee, such
approval not to be unreasonably withheld.
Section 11.2 Eligibility Requirements
Employees shall work all holidays when scheduled as part of their normal Departmental work
schedule. To be eligible to receive holiday pay or "paid time off' in recognition of a holiday, an
employee must work the full scheduled day before and after the holiday, when scheduled as part
of their normal department work schedule. The Chief shall permit an employee who was ill to
verify the officer's illness so as to qualify for holiday pay by submitting to the Chief of Police or
Chief s designee a medical certification verifying the employee's illness. A medical certification
is acceptable as provided by a physician or physician's assistant or nurse practitioner.
Section 11.3 Holidav Pay
Employees who satisfy the eligibility requirements of Section 11.2 shall receive either "holiday
time off' or "holiday pay" equivalent to the holidays for which the officer becomes eligible.
Employees wishing to take holiday time off in lieu of the holiday pay may request the holiday time
off as if it were personal business leave with the exception that such time must be requested in
increments of no less than one half(1/2)of a regularly scheduled shift or four(4)hours,whichever
is less. In no event may an employee take holiday time off without having first become eligible for
the holiday. Holiday time must be used or paid prior to the end of the calendar year in which it is
earned. December holidays, Thanksgiving Day, Day after Thanksgiving Day shall not be eligible
to be taken as holiday time of£ Employees choosing to receive holiday pay and those employees
who have failed to take accrued holiday time off by October 31 St shall be paid in a lump sum on
the last full pay period during the month of November, at a rate equivalent to a regular day's pay
(at the employees straight time rate)for each of the ten and one half(10.5)holidays in the calendar
year for which the employee satisfied the eligibility requirements and which the employee has not
taken in the form of paid leave as set forth in Section 11.1 herein. Payment of holiday pay shall
include prospective pay for any holidays in December and November of said calendar year. In the
event an officer becomes ineligible for a paid December or November holiday after the officer has
been compensated for it, the City may deduct from the officer's paycheck an amount equivalent to
the pay provided for the holiday.Memorial Day,Thanksgiving Day,Christmas Day,Independence
Day and Labor Day shall be considered priority holidays and any employee who works on a
priority holiday will receive one and one-half(1 '/z) times their regular pay for all hours worked.
When priority holidays fall on a Monday — Friday, Investigations Unit will be closed. Members
of the Investigations Unit with the title of Detective will be given those days off with pay at their
regular rate of pay. As a result,the members of the Investigations Unit are not eligible for priority
holiday pay.
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Section 11.4 Personal Business Leave
With prior approval of the Police Chief, employees may request to use up to thirty-two (32)hours,
four (4) days per calendar year to attend to personal business. Newly hired regular full-time
employees will receive the following number of personal business leave days in their first calendar
year:
Hirin Date Personal Business Leave Days
Prior to April 1 4
Between April 1 and June 30 3
Between July 1 and October 31 2
November 1 or later 1
Personal business leave may be used in increments no smaller than one-half(1/2) of a regularly
scheduled shift or four (4) hours, whichever is less. In no event shall personal leave be converted
to cash compensation or carried over into subsequent years. Personal business leave requests shall
be made no later than twenty-four (24) hours in advance of the desired time off. The Chief may
approve or deny such requests; such approval shall not be unreasonably denied. Under no
circumstances will such requests be approved if, at the time of the request, the absence, in the
Chief's judgment, would cause another employee to be held over or called back to work.
ARTICLE 12 VACATIONS
Section 12.1 Eligibilitv and Allowances
Every employee shall be eligible to take paid vacation time after the completion of one (1)year of
continuous full-time employment with the City in a position covered by this Labor Agreement.
Employees shall start to earn vacation allowance as of their date of hire. Vacation allowances shall
be earned monthly, based on the following schedule:
Len�th of completed continuous service Number of work da�per calendar�
After One (1) year of service Ten(10) working days
Six (6)—Twelve (12) Years Fifteen (15) working days
Thirteen(13)—Nineteen(19) Years Twenty (20) working days
Twenty (20) Years Twenty-five (25) working days
Employees shall earn vacation allowances for any month in which they receive compensation for
more than one hundred twenty (120) "hours of work". Up to six (6) days may be carried over to
the following year but must be used in the next twelve (12) months. For purposes of this Section
only, actual work time plus paid vacations and personal days and compensatory hours shall be
considered"hours of work"; no other paid or unpaid absence from duty shall be counted as"hours
of work". Vacation time may be used in increments of no less than one half(1/2) of a regularly
scheduled shift or four (4) hours, whichever is less.
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Section 12.2 Vacation Pav
The rate of vacation pay shall be the employee's regular straight time rate of pay in effect for the
employee's regular job assignment.
Section 12.3 Schedulin�and Accrual
Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation
time on an annual basis. Following the seniority shift bidding procedure as set forth in Section
6.10 herein, the Employer shall conduct vacation bids between November 1 st and November 30th
of each year for vacation days to be used during the subsequent calendar year.
Step 1 On or before November 1, the Police Chief or Chiefs designee shall post a schedule of
days available for vacation use during the upcoming calendar year. The days available for use shall
not include the week of"Fiesta Days", and such other days as designated by the Chief of Police in
his discretion, such discretion not to be unreasonably applied. The bargaining unit employees with
three (3)or more years of seniority as of October 1 st shall then select their vacation preferences in
the order of their seniority within their assignment of patrol division,detective division,and special
programs, on their respective shift, with the most senior employee on the shift having first choice,
the next most senior employee on the shift having second choice, and so on. A bargaining unit
employee who does not select vacation time within three (3) working days may choose vacation
time anytime thereafter, subject to availability. Bargaining unit employees may make an initial
first choice vacation selection of no more than two (2) calendar weeks (to be taken in amounts of
no less than one (1) week), consecutively or separately, if eligible, during the initial sign up. For
this section only, "Calendar week" means anywhere from one (1) day to six (6) days. After the
initial vacation bidding has occurred, the Employer shall create a unit wide vacation schedule
indicating all vacations scheduled in the initial bid for all shifts.
Step 2 After bargaining unit members with three (3) or more years of seniority have chosen their
initial vacations, bargaining unit members with less than three (3) years of seniority shall then
select their vacation preferences in the order of their seniority from the unit wide vacation schedule,
with the most senior of said employees having first choice, the next most senior employee having
second choice, and so on. Bargaining unit members with less than three (3)years of seniority must
choose their vacations from the eligible days remaining on the shift corresponding to their assigned
shift starting time in accordance with their quarterly rotations; (i.e., bargaining unit members
bidding for vacation time during their rotation on midnight's must choose from the days available
on the midnight shift).
Step 3 After bargaining unit members with less than three(3)years of seniority have chosen their
vacations, bargaining unit members with three (3) or more years of seniority may choose to select
their remaining vacations from the vacation schedule for their designated shift, again in order of
descending seniority. Only one (1) bargaining unit member for the patrol division, detective
division, and special programs, shall be permitted to schedule vacation for any given week during
the initial bid. The vacation periods selected pursuant to this procedure shall be submitted to the
Police Chief or Chief s designee for approval no later than November 30 each year. Thereafter,the
Police Chief or Chief s designee shall review the requests and post a vacation schedule on or before
December 25. After the vacation schedule has been posted, employees can trade, schedule, or
reschedule vacation days only with the approval of the Police Chief or Chief s designee.
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Step 4 Upon the close of the initial bidding process (Step 1 through Step 3), notification will be
made to bargaining unit members that the initial bidding process is over and that a six (6) day
window will be established by the Chief of Police (or designee) in which officers can request the
use of additional vacation time or other benefit time that has already been earned. During this six
(6) day window all benefit time requests will be held for the duration of the six(6) day period and
requests will then be processed in order of seniority. Time off requests made in Step 4 are subject
to the approval of the Chief of Police (or designee) and must meet the 24-hour minimum notice
requirement of this agreement and staffing levels established by the Chief of Police.
All Other Vacation Requests:
After the Initial Vacation Bid(Steps 1 through 3) and Step 4 have been completed, any remaining
vacation requests shall be reviewed and approved/denied on a first-come, first-served basis. All
other earned benefit time requests shall be made in accordance with the section of this agreement
that covers the specified benefit time.
Vacation allowances are earned on a calendar year basis with the following exceptions. First, new
hires will not receive vacation time until the anniversary of their first year of employment upon
which they will receive ten (10) shifts of vacation time (subject to the requirements of Section
12.1) which must be used prior to the end of the calendar year (or except as provided in Section
12.1). Beginning the following January 1 and every January 1 thereafter, such employees will
receive the vacation time they accrued during the prior calendar year for use in the calendar year
in which they are given. Second,on an employee's anniversary date of employment in a year(after
the officer's first) in which the officer becomes eligible to earn additional vacation time (the
employee's sixth,thirteenth and twentieth anniversaries),the employee will receive the additional
time on the officer's anniversary for use during the remainder of the calendar year. On the
following January 1, the employee will receive the vacation time the officer accrued during the
prior calendar year based upon the new rate of vacation accrual.
Vacations to be scheduled and taken during a given calendar year are vacation allowances earned
during the previous calendar year or provided the employee on the officer's anniversary date of
employment for use during the remainder of the calendar year. All vacation days must be taken by
the end of the calendar year in which they are to be scheduled, unless the Police Chief authorizes
in writing such days to be carried over to the following calendar year or to be bought back,or some
combination of the two, as the Chief in the Chief s discretion determines, such discretion not to be
unreasonably withheld. The Chief of Police or Chief s designee reserves the right to cancel any or
all approved vacation leaves in advance or their being taken and/or to recall any employees from
vacations in progress. Such cancellations and revocations shall not be unreasonable.
ARTICLE 13 SICK LEAVE
Section 13.1 Purpose and Allowance
Sick leave with pay is provided as a benefit in recognition that employees do contract various
illnesses from time-to-time and that their financial resources may be diminished in such instances
if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow
employees to work while sick. Any employee contracting or incurring any non-service-connected
sickness or disability (except where the injury or illness is incurred while the employee is
performing compensated service outside of the officer's employment with the City where
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compensation for such injury or illness is provided by the outside employer, i.e., workers'
compensation, sick leave, etc.) shall receive sick leave with pay as set forth in this Article.
Section 13.2 Days Earned in Accumulation
Employees shall be allowed one (1) day of sick leave for each month of service (which equals a
total accumulation of twelve (12) workdays per year). Sick leave shall be earned by an employee
for any month in which the employee is compensated for more than eighty (80) "hours of work."
For purposes of this Section only, accrued benefit days other than sick leave shall be considered
"hours of work"; no other paid or unpaid absence from duty shall be counted as "hours of work."
Sick leave cannot be taken before it is actually earned.
Section 13.3 Notification
Notification of absence due to sickness shall be given to an individual designated by the Police
Chief(normally the Shift Supervisor on duty) as soon as possible on the first day of such absence
and every day thereafter (unless this requirement is waived by the Chief in writing), but no later
than one(1)hour before the start of the employee's work shift. Failure to properly report an illness
without good cause may be considered as absence without pay and may subject the employee to
discipline.
Section 13.4 Medical Examination
The City may, at its discretion,require an employee to submit a physician's verification of illness,
and such verification normally will be required for sick leave of three (3) consecutive duty shifts
or more. The City also may require a physician's verification that the employee is well enough to
return to work. A medical certification is acceptable as provided by a physician, or physician's
assistant or nurse practitioner.Falsification of any verification of illness shall be grounds to subject
the employee to disciplinary action, which may include reimbursement by the employee to the
City for sick leave benefits wrongfully obtained. The City, at its option, may require an employee
to submit to an examination by a physician or other medical professional chosen by the City; if the
City requires an employee to submit to an examination by a physician designated by the City, the
City will pay the medical expenses to the extent they are not covered by insurance (i.e., the
employee shall not be responsible for such costs).
Section 13.5 Sick Leave Utilization
Sick leave shall be used in no less than one (1) hour increments. Sick leave may be utilized only
for the purposes specified in Section 13.1, or as identified by the Illinois Employee Sick Leave
Act(Public Act 99-0841)which includes illness,injury,or medical appointment of the employee's
child,spouse,sibling,parent,mother-in-law,father-in-law, grandchild,grandparent,or stepparent.
There shall be no maximum accumulation or cap on sick days for use in accordance with Section
13.1. To the extent permitted by law, employees on sick leave are required to remain at home
unless hospitalized, visiting their doctor, or acting pursuant to reasonable instructions for care.
The General Order 22.10 Attendance Requirement date 03-OS-09 will be applicable to this Section.
Section 13.6 Unused Sick Leave
(a) An employee who has used less than three (3) sick days during any calendar year may elect to
receive a sick leave cash payment for difference between three (3) days and the number of sick
leave days actually used (three (3) days maximum).
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The number of days for which such employee elects cash compensation shall be deducted from
such employee's accumulated sick leave. Employees who elect to receive such payment for any
calendar year must notify the Chief thereof by January 31 of the following year, with such
payment to be made by February 28 of such following year.
(b) An employee (i) who has been placed on permanent disability pension, or(ii)who has at least
twelve (12)years of service on the Department as a full time employee, or (iii) has at least twelve
(12)years of service on the Department as a full time employee, is eligible to retire, and who dies
(in which case it will be the officer's estate which collects), is eligible to retire and who elects to
retire, shall be paid for unused sick leave days at the rate of fifty percent (50%) of the officer's
regular rate of pay in effect on the 1 st day of May immediately preceding the officer's last day of
active work for the City for all accrued and unused sick leave time as of the officer's last day of
active work for the City,up to a maximum of one-thousand 1000 hours provided the employee has
accumulated at least four-hundred (400) hours of unused sick leave. In other words,the employee
retiring with at least four hundred (400)hours of sick leave will be paid fifty percent(50%) for all
sick leave hours up to one thousand (1000) for a maximum of five hundred (500)hours of pay. In
no event shall any employee be entitled to the benefits set forth in Section 13.6(b) if the employee
is discharged. The four hundred (400) hour minimum requirement shall not apply to employees
who retire in good standing with at least twenty (20) years of service.
ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE
Section 14.1 Unpaid Discretionary Leaves
The City may grant leaves of absence, without pay or salary, to employees for job-related reasons
(such as further training or study), which will enable employees to perform their usual and
customary duties with greater efficiency and expertise, or other valid reasons (such as prolonged
illness of the employee, the officer's spouse, or the officer's child or children or childbirth). No
leave, if granted, shall be for a period exceeding three hundred sixty-five (365) consecutive
calendar days. The denial of discretionary leaves shall not be subject to the dispute resolution and
grievance procedure of this Labor Agreement.
Section 14.2 Military Leave
Military leave shall be granted in accordance with applicable law. Employees must apply for such
leave as soon as they are aware of the need for such leave.
Lon�-Term Military Duty An employee who enters active military service of the United States
shall have re-employment rights as may be provided for under applicable federal law in effect at
that time.
Military Reserve Duty An employee who is an active member of any recognized state or federal
military reserve organization and who is compelled to fulfill a military obligation by law or
regulation, shall be entitled to an unpaid leave of absence for the duration of such required military
duty, without loss of seniority.
Section 14.3 Bereavement Leave
In the event of the death of an immediate family member, an employee may be permitted to be
absent from the officer's job for an appropriate number of days up to three (3) workdays off,
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following the death, with the City's approval and receive regular straight time pay. Although the
days are not consecutive,they must be used within a reasonable time frame of the family member's
death and are subject to approval by the Chief of Police For purposes of this Section, immediate
family shall include only the following persons related by blood,marriage or law to the employee:
parents, spouse, children, siblings, mother-in-law, father-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, spouse's child, spouse's grandparent, grandparents and
grandchildren, step-parent and step-children. In the event of the death of an extended family
member, an employee may be permitted to be absent from the officer's job for one (1) workday
with the City's approval and receive regular straight time pay. For purposes of this Section,
"extended family"shall include aunts,uncles,nieces,nephews,and cousins. Any absence to attend
the funeral of anyone who is not a member of an employee's immediate or extended family may
be arranged with the City, without pay. However, previously accrued, and unused vacation leave
or personal time may be utilized in such case with the consent of the City. An employee shall
provide satisfactory evidence of the death and of the employee's attendance at the funeral is so
requested by the City. At the City's discretion, an employee may be permitted to use accrued sick
leave up to a maximum of five (5) additional days in connection with bereavement leave days to
extend bereavement leave.
Section 14.4 Jury Leave
An employee required to report for jury duty (including service on a grand jury) shall be excused
from work without loss of pay for jury duty which occurs on the employee's scheduled duty days
and during the employee's scheduled duty hours. An employee shall immediately notify the Police
Chief or the Chief s designee as soon as the officer receives a notice to appear as a juror and must
provide the Police Chief or Chief s designee with a copy of the jury summons prior to reporting
for jury duty. In order for employees to receive compensation from the City for such jury duty,the
employee must sign over to the City any compensation the officer receives for serving as a juror
on days for which the Officer was scheduled to be on duty.
Section 14.5 Familv and Medical Leave Act ("FMLA") Leave
A leave of absence for reasons covered by the FMLA shall be granted in accordance with the
City's published Family and Medical Leave Act policy attached hereto as Appendix F.
Section 14.6 Application for Leave
Unless otherwise required by law, any request for a leave of absence other than bereavement leave
under this Article shall be submitted in writing by the employee to the City or its designee as far
in advance as practicable. The request shall state the reason for the leave of absence and the
approximate length of time off the employee desires. Authorization for a leave of absence, if
granted, will be furnished to the employee by the City and it shall be in writing.
Section 14.7 Benefits While on Unqaid Discretionary Leave
(a) Unless otherwise required by law, length of service and other benefits shall not accrue for an
employee who is on an approved non-pay, discretionary leave status under this Article.
Accumulated length of service shall remain in place during that leave and shall begin to accrue
again when the employee returns to work on a pay status. Upon return from leave, the City shall
place the employee in the officer's previous assignment, if vacant. If not vacant, an employee
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returning from leave will be placed in the first available assignment according to the employee's
seniority, where skill and ability to perform the work without additional training is equal.
(b) If, upon the expiration of a leave of absence, there is no work available for the employee, the
officer shall go directly on layoff.
(c) During an approved unpaid leave of absence or layoff under this Labor Agreement, an
employee shall be entitled to coverage under applicable group medical and life insurance plans to
the extent provided in such plan(s), provided the employee makes arrangements for the change
and arrangements to pay the entire insurance premium involved, including the amount of the
premium previously paid by the City.
Section 14.8 Non-Emnlovment Elsewhere
A leave of absence will not be granted to enable an employee to try for or accept employment
elsewhere or for self-employment without prior written approval of the Chief. Employees who
engage in employment elsewhere during such leave without such prior written approval may
immediately be terminated by the City.
Section 14.9 Family Responsibilitv Leave
Officers shall be granted the use of accrued benefit time to receive paid maternity or paternity
leaves of absence to cover periods of pregnancy and post-partum childcare not to exceed four (4)
scheduled workdays. When utilizing this benefit sick time shall apply first then all other accrued
benefit time.
ARTICLE 15 WAGES
Section 15.1 Base Wa�es
Employees covered by the Labor Agreement shall be compensated beginning with the first payroll
period after the execution of this Labor Agreement in accordance with the wage schedule attached
hereto and incorporated herein as Appendix A.
Section 15.2 Experience Credits
In the event a probationary officer is hired that has current law enforcement experience, that
employee may be started at a higher step in the agreed upon wage scale at the discretion of the
Chief of Police. The employee may be placed at a higher step in the wage scale for each year of
experience of prior experience, up to a maximum of three (3)years. In no event will an employee
that is hired with more than three (3)years of service be placed higher than what an officer is paid
after three (3)years of service. The officer hired with prior experience must have been working as
a full-time law enforcement officer and have completed the required basic training as recognized
by the Illinois Law Enforcement Training and Standards Board. This provision will have no effect
on the new hire with regard to seniority and related to shift bidding, vacation, etc.
Section 15.3 Tuition Reimbursement
The City shall continue to make available to employees the same opportunity to have their tuition
reimbursed as it offers all City employees at the time of the execution of this Labor Agreement,
except that tuition reimbursement shall be limited to three-thousand dollars ($3,000) per fiscal
year.
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Section 15.4 Deferred Compensation Plan (457K)
The City shall continue to make available to employees the same 457K Deferred Compensation
Plan provided all City employees. The City reserves the right to change, alter, amend, or eliminate
the plan, as it deems appropriate.
Section 15.5 Investi�ator Stipend
In recognition of their skills and the special obligations place upon them, employees assigned as
full-time investigators in the investigations unit shall be paid an annual stipend of one thousand
dollars ($1,000.00), payable semi-annually on May 1 and November 1 of each year. Investigator
stipends shall be prorated based upon an officer's date of assignment.
Section 15.6 Travel Training Reimbursement
To compensate covered members for attending training classes outside of McHenry, Lake, or
Boone Counties,excluding firearms training,covered members shall receive one (1)hour of travel
time per day at the employee's regular rate of pay not to exceed ten (10) hours in any fiscal year.
ARTICLE 16 UNIFORM ALLOWANCE
Section 16.1 Initial Uniform
The City shall furnish initial uniforms and equipment to all probationary patrol officers at the
City's expense. Initial uniforms shall consist of items listed in Appendix B and all other uniform
equipment normally required or provided by the City or subsequent changes required by the Chief
of Police.
Section 16.2 Uniform Allowances
Employees may purchase approved uniform items with the uniform allowance,not to exceed eight
hundred dollars ($800) per fiscal year. The uniform replacement allowance shall apply to civilian
clothes worn by plain-clothes officers for departmental approved clothing,shoes,and related plain-
clothes equipment. If the City requires a change in uniform or equipment which results in a cost
of one hundred dollars ($100) or greater to the employee, the City will credit the uniform account
of the employee in the amount of the required purchase. The cost of all items associated with the
City's change of duty weapon will be the responsibility of the City.
Section 16.3 Safetv Vest Replacement
The City shall continue to replace bulletproof safety vests worn by police employees at such
durations as are recommended by the manufacturer. Officers may be required to wear their body
armor while on duty.
Section 16.4 Return of Uniforms and Epuipment
Upon separation from employment by the City, employees will be responsible for the return of
uniforms and equipment purchased with City funds or issued directly by the City in good
condition, less normal depreciation and destruction in the course of employment.
Section 16.5 Reimbursement of Uniform Cleaning Expenses
The City agrees to reimburse bargaining unit members for the reasonable cost of professional
cleaning of uniforms required by the City to be worn by members of the bargaining unit in the
performance of their official duties. Employees may be reimbursed for cleaning expenses from
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Master 01-09-23 M
receipts submitted to the employer; such reimbursements shall be deducted from the uniform
allowance of the employee. Employees shall submit receipts to the Chief of Police or Chief s
designee, at quarterly increments, documenting the employee's payment of uniform cleaning
charges, when requesting reimbursement. Amounts paid for reimbursement of uniform cleaning
expenses shall not be limited other than by Section 16.2. In no instance shall an employee be
entitled to more than eight hundred dollars ($800)per fiscal year for the purchase and/or cleaning
of required uniforms.
ARTICLE 17 INSURANCE
Section 17.1 Covera�e and Cost
The City shall make available to non-retired bargaining unit employees and their eligible
dependents the same group health and hospitalization insurance, dental insurance, and vision
insurance coverage and benefits to that in existence for other City employees prior to the signing
of this Labor Agreement. The City reserves the right to change or offer alternative insurance
carriers, health maintenance organizations, or benefit levels or to self-insure, so long as the new,
alternative, or remaining coverages and benefit levels are substantially similar to those which they
are replacing. In order to control future health and hospitalization insurance cost increases, the
City may also alter employee deductibles and/or co-pay requirements provided such changes shall
likewise be applicable to all City employees. Employees may continue to elect to participate in the
City's Health Care Benefits Salary Reduction plan, in which they may pay their share of insurance
premiums and other out-of-pocket costs with pre-tax dollars.
Section 17.2 Cost Containment
The City reserves the right to institute cost containment measures relative to insurance coverage
so long as the basic level of insurance benefits remains substantially the same. Such changes may
include, but are not limited to, mandatory second opinions for elective surgery,pre-admission and
continuing admission review, prohibition on weekend admissions except in emergency situations,
and mandatory outpatient elective surgery for certain designated surgical procedures.
Section 17.3 Life Insurance
The current City coverage of thirty thousand dollars($30,000)for life insurance for each employee
covered by this Labor Agreement in effect at the time of the signing of this Labor Agreement shall
continue for the life of this Labor Agreement, at no cost to the employee.
Section 17.4 Terms of Insurance Policies to Govern
The extent of coverage under the insurance policies (including HMO and self-insured plans)
referred to in this Labor Agreement shall be governed by the terms and conditions set forth in said
policies or plans. Any questions or disputes concerning an employee's claim for benefits under
said insurance policies or plans shall be resolved in accordance with the terms and conditions set
forth in said policies or plans and shall not be subject to the grievance and arbitration procedure
set forth in this Labor Agreement. The failure of any outside insurance carrier(s) or plan
administrator(s)to provide any benefit for which it has contracted or is obligated shall result in no
liability to the City, nor shall such failure be considered a breach by the City of any obligation
undertaken under this or any other Labor Agreement. However, nothing in this Labor Agreement
shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it
may have to the City, employee, or beneficiary of any employee.
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Section 17.5 Waiver of Insurance
Any employee shall have the option to waive the right to receive medical, dental and/or vision
insurance coverage under the terms of this Section. If an employee waives any such insurance
coverage but thereafter chooses to reverse the officer's decision, the reinstatement of each such
insurance shall be contingent upon the employee's insurability and shall also be subject to such
conditions, limitations and restrictions as the City's insurers may prescribe as a consequence of
the employee's prior waiver and non-coverage.
Section 17 6 Emplovee Deductible and Co-Insurance Costs
The employee's premium contributions shall not exceed the monthly premium limit as listed below
for the term of this Labor Agreement:
2023 Medical Insurance Health Plan Year (05-01-2023-12-31-2023)
R��r� T�p� Sin�le �E�tglQye� + Etriplc►�s�►* � F��nity
!� �rt�se ��� � :
PPO Plan $123.00 $273.00 $260.00 $457.75
HSA Plan $95.00 $250.00 $243.00 $405.00
HMO Plan $27.50 $130.00 $125.00 $220.00
2024 Medical Insurance Health Plan Year (01-01-2024-12-31-2024)
R�an Typ� ���gl� Err�plQye� + Empto�e� + Fami#y
S �u�� Ch�� ir� ;:
PPO Plan $140.00 $285.00 $275.00 $475.00
HSA Plan $95,00 $260.00 $252.00 $405.00
HMO Plan $27.50 $130.00 $125.00 $220.00
2025 Medical Insurance Health Plan Year (01-01-2025-12-31-2025)
��'�y�_ ����►f ,���'� ,�, - ��
.. . .. - k . . ��1: t. - • ,��' �
�.
PPO Plan $150.00 �$290.00 $282.00 � $495.00
HSA Plan $100.00 $270.00 $260.00 $410.00
HMO Plan $27.50 $130.00 $125.00 $220.00
2026 Medical Insurance Health Plan Year (01-01-2026-12-31-2026)
r��.'�'`7� ir� �'�y �}i � '"s�-��i.. r'�.� t 'k a Yi�i t -
� x,� - �;. "r
' :;....: '.,� ..:. . : ...,. ...�.
...� �. .., :,_: � � - _.�.�.>�. :'.. ' : �. .,. ..�'.:� :�....�..
�PPO Plan $155.00 $295.00 +„ $287.00 $500.00
HSA Plan $105.00 $275.00 $265.00 $415.00
HMO Plan $30.00 $135.00 $130.00 $235.00
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2027 Medical Insurance Health Plan Year (01-01-20-2027-12-30-2027)
!�l�rn'�"'�p� 8�r� ��' .. +�'�' ����"�'�' ,.�, .��i�� -
Cfi�1 . � .;, .
PPO Plan $158.00 $295.00 $287.00 $500.00
HSA Plan $105.00 $275.00 $265.00 $415.00
HMO Plan $30.00 $135.00 $130.00 $235.00
Dental Insurance 05-1-2023 — 12-31-2027
Single Employee + Employ�a� F�ir��ly
. Ch�td t� .
$6.00 $30.00 $32.00 $60.00
Vision Insurance 05-01-2023 — 12-31-2027
�fn�i� Ernpl+�y+�e + Emp�tc�yee + '' ��ar�t�'!Y
�e Chi�d r�n
$2.00 $10.00 $12.00 $25.00
Employee Deductible and Co-Pav Costs
During the term of this Labor Agreement,the City agrees that any such deductible and co-pay shall
be the same as those costs applicable to the general, non-contract employees, but may be less per
the labor negotiations.
ARTICLE 18 EMPLOYEE ALCOHOL AND DRUG TESTING
Section 18.1 Statement of Policv
It is the policy of the City of McHenry that the public has the absolute right to expect persons
employed by the City in its Police Department will be free from the effects of drugs and alcohol.
The City, as the Employer,has the right to expect its employees to report for work fit and able for
duty. The purposes of this policy shall be achieved in such a manner as not to violate any
established rights of the employees of the Police Department.
Section 18.2 Prohibitions
Except as ordered to do so in the line of duty, employees shall be prohibit from:
(a) Consuming, possessing or being under the influence of alcohol at any time (during the course
of the workday or anywhere on any City premises, including City buildings, properties, or City
owned vehicles.
(b) Possessing, using, selling, purchasing, or delivering any illegal drug at any time and at any
place or abusing any prescription drug.
(c)Failing to report to the employee's supervisor any known adverse side effects of inedication or
prescription drugs which the employee may be taking.
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Section 18.3 Drug and Alcohol Testing Permitted
The City shall have the right to require an employee to submit immediately at alcohol or drug
testing on a specified situation basis (as outlined below) or if the City has reasonable suspicion to
believe that(a) an employee is being affected by the use of alcohol; or(b) has abused prescription
drugs; or (c) has used illegal drugs. The foregoing shall not limit the right of the City to conduct
any tests it may deem appropriate for persons seeking employment prior to their date of hire.
Specified situation testing may occur in the following circumstances:
(a) If an employee is involved in a motor vehicle accident or otherwise damages City or personal
property while in the performance of the officer's duty.
(b) If an employee is injured or injures another while in the performance of the officer's duty.
(c) If an employee is to be promoted to a higher paying position or recalled from layoff; or
(d)If an employee has experienced excessive absenteeism or tardiness under circumstances giving
rise to a suspicion of off-duty drug or alcohol abuse.
(e) Any covered member who discharges their firearm causing injury or death to a person or
persons during the performance of their official duties or in the line of duty, must submit to a drug
and alcohol testing as soon as reasonably possible but not later than the end of the covered
member's shift or tour of duty.
Section 18.4 Order to Submit to Testing
At the time an employee is directed to submit to testing authorized by this Labor Agreement, the
City shall provide the employee with a written notice, setting forth the objective facts and
reasonable inferences drawn from those facts which have formed the basis of the City's decision
to test. The employee shall be given a reasonable opportunity to consult with a Union
representative at the time the notice is given. Refusal to submit to such test may subject the
employee to discipline, but the employee's taking of the test shall not be construed as a waiver of
any objection or rights that the officer may possess. In accordance will Illinois Public Act 100-
0389 which takes effect on August 25, 2017, and amends the Illinois Police and Community
Relations Improvement Act(50 ILCS 727/1-1),employees that are required to submit to testing in
accordance with Section 18.3 of this Agreement shall have no guarantee of written notice.
Section 18.5 Test to be Conducted
In conducting the testing authorized by this Labor Agreement, the City shall:
(a)Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical
Laboratory Act that has or is capable of being accredited by the Substance Abuse Management
Safety & Health Administration(SAMSHA).
(b) Establish a chain of custody procedure for both the sample collection and testing that will
ensure the integrity of the identity of each sample and test result. Ensure that the laboratory or
facility selected conforms to all SAMSHA standards and provides a designated Medical Review
Officer(MRO)who is certified by the State of Illinois to review drug and/or alcohol testing results.
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No employee covered by this Labor Agreement shall be permitted at any time to become a part of
such chain of custody.
(c) Collect a sufficient sample of the same bodily fluid or material from an employee to allow for
initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later
testing if requested by the employee.
(d) Collect samples in such a manner as to preserve the individual employee's right to privacy
while insuring a high degree of security for the sample and its freedom from adulteration. Any
employee ordered to submit to testing shall not be witnessed by anyone while submitting a sample
except in circumstances where the laboratory or facility does not have a "clean room" for
submitting samples or where there is reasonable suspicion that the employee may attempt to
compromise the accuracy of the testing procedure.
(e) Confirm any sample that tests positive in the initial screening for drugs by testing the second
portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent
of better scientifically accurate and accepted method that provides quantitative data about the
detected drug or metabolites.
(� Provide the employee tested with an opportunity to have the additional sample tested by a
clinical laboratory or hospital facility of the employee's own choosing, at the employee's own
expense; provided the employee notifies the City within seventy-two (72) hours of receiving the
results of the test and provided further that the laboratory or clinic is accredited by SAMSHA and
the testing procedure, including chain-of-custody for the transfer of such sample,meets or exceeds
the standards established by SAMSHA and is confirmed by a neutral third party.
(g) Require that the laboratory or hospital facility report to the City that a blood or urine sample is
positive only if both the initial screening and confirmation test are positive for a particular drug.
The parties agree that should any information concerning such testing, or the results thereof be
obtained by the City,inconsistent with the understandings expressed herein(e.g.billings for testing
that reveal the nature or number of tests administered), the City will not use such information in
any manner or form adverse to the employee's interests.
(h) Require that with regard to alcohol testing, for the purpose of determining whether the
employee is under the influence of alcohol, test results showing an alcohol concentration of.02
percent or more based upon the grams of alcohol per 100 millimeters of blood shall be considered
positive.
(i) Provide each employee tested with a copy of all information and reports received by the City
in connection with the testing and the results.
(j) Ensure that no employee is the subject of any adverse employment action except emergency
temporary reassignment or relief from duty with pay during the tendency of any testing procedure,
any such emergency reassignment or relief from duty shall be immediately discontinued in the
event of a negative test result,and the employee shall be fully reinstated to unrestricted duty status.
This Section shall not in any way limit the City's right to take such action as it deems appropriate
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if an employee is determined to have engaged in conduct prohibited by Section 18.2 of this Article
or in conduct that is otherwise subject to discipline.
Section 18.6 Disciplinary Action
Use, sale, purchase, delivery or possession of illegal drugs at any time and at any place (on or off
the job) while employed by the City (except when authorized in the line of duty); abuse of
prescribed drugs, failure to report to the Chief any known adverse side effects of inedication or
prescription drugs which the employee may be taking;and consumption,possession or being under
the influence of alcohol while on duty or on City premises (except when authorized in the line of
duty), shall be cause for discipline, up to and including termination, subject to the Article 9
Grievance Procedure. In cases where, in the Chief or designees' discretion, discipline less than
discharge is determined to be appropriate, such discipline will be conditioned upon the employee:
(a) agreeing to appropriate treatment as determined by the physician(s) involved.
(b) discontinuing use of illegal drugs or abuse of alcohol.
(c) agreeing to authorize persons involved in counseling, diagnosing, and treating the employee to
disclose to, the City Administrator and/or the Police Chief the employee's progress, cooperation,
drug and alcohol use and any dangers perceived in connection with performing job duties and
completion or non-completion of treatment.
(d) completing the course of treatment prescribed, including an "after-care" group for a period of
up to twelve (12) months.
(e)agreeing to submit to unlimited random testing during hours of work during the period of"after-
care", and for a period of eighteen(18) months following the period of"after-care".
Employees who do not agree to or act in accordance with the foregoing, or who test positive a
second or subsequent time for the presence of illegal drugs or alcohol during the hours of work,
shall be subject to discipline, up to and including discharge. This Article shall not be construed as
an obligation on the part of the City to retain an employee on active status throughout the period
of rehabilitation if it is appropriately determined that the employee's current use of alcohol or
drugs prevents such individual from performing the officer's duties or whose continuance on active
status would constitute a direct threat to the property and safety of others. Such employee shall be
afforded the opportunity, at the officer's option, to use accumulated paid leave or take an unpaid
leave of absence pending treatment.
Section 18.7 Voluntary Request for Assistance
The City shall take no adverse employment action against any employee who voluntarily seeks
treatment, counseling or other support for an alcohol or drug related problem, other than that the
City may require reassignment of the employee with pay if the officer is unfit for duty in the
officer's current assignment. The foregoing is conditioned upon the employee:
(a) agreeing to appropriate treatment as determined by the physician(s) involved.
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(b) discontinuing use of illegal drugs or abuse of alcohol.
(c)agreeing to authorize persons involved in counseling,diagnosing and treatment of the employee
to disclose to City personnel the employee's progress, cooperation, drug and alcohol use and any
dangers perceived in connection with performing job duties and completion or non-completion of
treatment.
(d) completing the course of treatment prescribed, including an "after-care" group for a period of
up to twelve (12) months; and
(e)agreeing to submit to unlimited random testing during hours of work during the period of"after-
care", and for a period of eighteen(18) months following the period of"after-care".
Employees who do not agree to or act in accordance with the foregoing, or who test positive for
the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up
to and including discharge. This Article shall not be construed as an obligation on the part of the
City to retain an employee on active status throughout the period of rehabilitation if it is
appropriately determined that the employee's current use of alcohol or drugs prevents such
individual from performing the officer's duties or whose continuance on active status would
constitute a direct threat to the property and safety of others.
Such employee shall be afforded the opportunity, at the officer's option, to use accumulated paid
leave or take an unpaid leave of absence pending treatment. Upon successful completion of the
treatment, the employee shall be returned to the officer's position.
This Article also shall not in any way limit the City's rights to take such action as the City in its
discretion deems appropriate if an employee engages in conduct prohibited by Section 18.2 of this
Article, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol
abuse.
Section 18.8 Treatment
The City's obligation to provide treatment under this Labor Agreement for alcohol and substance
abuse shall be limited to services provided and paid for by the City's insurance plan in which the
employee is enrolled.
ARTICLE 19 EMPLOYEE AND OTHER STATUTORY RIGHTS
Section 19.1 Bill of Rights
The City agrees that at the request of an employee, a Union representative may be present at an
investigatory interrogation, undertaken during the course of a formal investigation, which the
employee reasonably believes might result in disciplinary action. However,nothing in this Section
is intended to modify or expand the rights available to police officers pursuant to the Uniform
Peace Officers' Disciplinary Act, 50 ILCS 725/1, et seq.
Section 19.2 Personnel Files
The City agrees to abide by the requirements of the Personnel Record Review Act, 820 ILCS 40.
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Section 19.3 Indemnification
The City agrees to abide by all statutory requirements for indemnification of police officers.
Section 19.4 Discipline
As a matter of policy, the City recognizes the principles of progressive and corrective discipline,
where applicable. Nothing, however, shall foreclose the City from seeking discipline
commensurate with the offense. The City also acknowledges that non-probationary employees
may only be disciplined for just cause.
Section 19.5 Notice of Discipline
Upon receiving the consent of an employee who is formally disciplined, the City shall notify the
Union in writing that said employee received discipline.
Section 19.6 Access to Arbitration
The parties agree that an alleged violation of Section 19.1, 19.2, or 19.3 above may not be taken
to arbitration under the grievance procedure.
ARTICLE 20 GENERAL PROVISIONS
Section 20.1 Gender
Unless the context in which they are used clearly requires otherwise, words used in this Labor
Agreement denoting gender shall be deemed to refer to both the masculine and feminine.
Section 20.2 Ratification and Amendment
This Labor Agreement shall become effective when ratified by the Union and the City Council
and signed by authorized representatives thereof and may be amended or modified during its term
only with mutual written consent of both parties.
Section 20.3 Fitness Examinations
If there is any question concerning an employee's fitness for duty, or fitness to return to duty
following a layoff of leave of absence, the City may require, at its expense (to the extent not
covered by insurance), that the employee have an examination by a qualified and licensed
physician or other appropriate medical professional selected by the City.The City may also require
any or all employees to take a complete physical exam as often as once a year. Such physical
examinations shall not include employee drug or alcohol testing. Prior to requiring an employee
to release the results of an examination due to a question concerning the officer's fitness for duty,
as opposed to a normal examination or one scheduled due to a return from a leave of absence of
layoff,the Chief shall provide the employee with written notice of the reasons for the examination.
Section 20.4 Phvsical Fitness Requirements
In order to maintain and improve efficiency in the Police Department, to best protect the public
and to reduce insurance costs and risk, the City may establish reasonable physical fitness
requirements for employees, which may include individualized goals and minimum fitness
standards. All employees may be required to participate in any such program. Employees who fail
to meet minimum fitness standards or who fail to make a good faith effort to achieve individualized
goals shall be subject to progressive discipline up to and including discharge.
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The City will meet with Illinois Fraternal Order of Police, Labor Council representatives in
accordance with Article 4 to discuss reasonable physical fitness requirements prior to their
implementation or alteration.
Section 20.5 Secondary Emnlovment
All secondary employment shall comply with General Order 22.4 as it existed on Oct. 1, 2002.
Section 20.6 No Smoking
All employees are strongly encouraged to quit smoking. Any employees who do not quit smoking
may be required by the City of department policy to confine their smoking to a designated area(s).
Section 20.7 Special Assi�nment Emnlovees
The City retains its right to participate in any governmental or inter-governmental agency
operation or task force having an independent law enforcement authority or basis of jurisdiction.
Without otherwise limiting an employee's legal rights, the parties agree that any contract disputes
relating to an employee's hours, wages, or terms and conditions of employment that arise as a
result of a decision rendered by the Narcotics Unit or other such inter-governmental agency shall
not be subject to the grievance and arbitration procedure. Any contract disputes relating to hours,
wages, or terms and conditions of employment that arise as a result of a decision rendered by the
City of McHenry will remain subject to the grievance and arbitration provisions of Article 9.
Section 20.8 Rules and Re�ulations
The City's existing policies, procedures, rules and regulations, as well as those of its Police
Department, shall not be considered a part of this Labor Agreement. Such policies and procedures
shall control unless in conflict with specific provisions of this Labor Agreement. The Union
acknowledges the rights of the City to make, alter, interpret and enforce reasonable and lawful
rules, orders and policies as it deems appropriate, consistent with the Management Rights Article
of this Labor Agreement. Other than in an emergency situation, where the City seeks to add to,
modify, alter, change, delete, or otherwise amend or supplement the existing policies, procedures,
rules, regulations, orders or directives of the City or the Police Department, the City shall notify
the Union in writing of the proposed change(s), at least ten(10) days prior to the effective date of
the modification of said non-economic terms and conditions of employment, and shall provide a
reasonable opportunity to the Union, before the proposed modifications are finalized, to meet and
discuss with the City the proposed modification. Any meeting that occurs pursuant to this Section
shall be in the form of a labor-management conference pursuant to Article 4 of this Labor
Agreement.
Section 20.9 Inoculations
The City shall offer, at City expense, a Hepatitis B Virus (HBV) Inoculation Series to all
employees. The City shall administer or provide a verification test of successful inoculation to any
employee that receives the inoculation series, and any additional inoculations. As non-
experimental inoculations become available (as approved by FDA) for additional strains of
hepatitis, Human Immune Deficiency Virus (HIV) related conditions or Acquired Immune
Deficiency Syndrome(AIDS)antibody positive conditions,such inoculations at City expense shall
be provided to employees.
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Section 20.10 Communicable Diseases
The City and the employee shall notify each other as soon as possible if the employee,in the course
of the officer's duties, has come into contact with persons found to have a contagious disease. If it
is determined that the employee has come into such contact, the City shall provide any medical
examination and/or diagnostic test, if necessary, to protect the safety of the employee and/or
members of the officer's immediate family with whom the officer resides. Costs for treatment shall
be paid for by the City to the extent they are not otherwise covered by insurance.
Section 20.11 Replacement of Personal Property
In the event any item of personal property specified below is lost or damaged in the course of an
employee's duties while the employee is exercising due care and caution under the circumstances,
the City will reimburse the employee for the repair or replacement of such item(s), provided the
incident and the amount of the loss or damage is promptly reported to the Police Chief or Chief s
designee. Further, the City's responsibility under this Section shall not exceed three hundred
dollars ($300) per employee, per incident, and the City, in its discretion, may pay only for the
functional equivalent of the personal property damaged, where the cost of the actual damaged
property,although under three hundred dollars($300), is deemed excessive by the Chief of Police.
In the event that the loss or damage is determined not to be in the course of employment or is found
to be due to the employee's negligence or as a result of ordinary wear, no reimbursement shall be
made. The following items shall be subject to replacement or repair under the provisions of this
Section: eyeglasses, prescription sunglasses, contact lens, hearing aids and watches. The City
reserves the right, upon application by an employee, to replace other personal property items at
the City's sole discretion. The employee shall, when applicable, pursue court-ordered restitution
and such restitution will be signed over to the City,up to the amount the City paid to the employee.
Section 20.12 Location of Meetings
All meetings for purposes of administering or negotiating this Labor Agreement shall be held in
McHenry, Illinois unless mutually agreed upon otherwise.
Section 20.13 No Solicitation
While the City acknowledges that the Union may be conducting solicitation of City merchants,
residents or citizens, the Union agrees that none of its officers, agents or members will solicit any
person or entity for contributions or donations on behalf of the City of McHenry or the McHenry
Police Department. The Union agrees that the City name,badge,insignia,communication systems,
supplies and materials will not be used for solicitations purposes. Solicitation by bargaining unit
employees may not be done on work time or in work areas. Neither the Lodge, nor the Illinois
Fraternal Order of Police, Labor Council nor its agents or representatives may use the words
"McHenry Police Department" of"City of McHenry" in its name. The Union further agrees that
any written or oral solicitation of McHenry residents, citizens or merchants and businesses will
include the words "This solicitation is not made on behalf of, nor do receipts go to the benefit of,
the McHenry Police Department of the City of McHenry." The foregoing shall not be construed
as a prohibition of lawful solicitation efforts by the Lodge or Illinois Fraternal Order of Police,
Labor Council directed to the general public, nor shall it limit the City's right to make public
comments concerning solicitation. The Union may continue to use its current stationary
(displaying the City's badge)until its current supply of stationary is exhausted.
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Master 01-09-23 M
ARTICLE 21 SAVINGS CLAUSE
In the event any, Section or portion of this Labar Agreement should be held invalid and
unenforceable by any board, agency or court of competent jurisdiction or by reason of any
subsequently enacted legislation, such decision or legislation shall apply only to the specific
Article, Section or portion thereof specifically specified in the board, agency or court decision or
subsequent litigation, and the remaining parts or portions of this Labor Agreement shall remain in
full force and effect. If there is any conflict between the provisions of this Labor Agreement and
any legal obligations or affirmative action requirements imposed on the City by federal or state
law, such legal obligations or affirmative action requirements thus imposed shall be controlling.
ARTICLE 22 IMPASSE RESOLUTION
Upon the expiration of this Labor Agreement, the remedies for the resolution of any bargaining
impasse shall be in accordance with the Illinois Public Labor Relations Act, as amended, as it
existed on January 1, 1986, with the following exception: The neutral interest arbitrator shall be
selected in accordance with the selection procedure set forth in Section 9.3(a) of this Labor
Agreement,with the proviso that the entire panel of arbitrators requested has experience in interest
arbitration.
ARTICLE 23 ENTIRE AGREEMENT
This Labor Agreement constitutes the complete and entire agreement between the parties, and
concludes collective bargaining between the parties for its term. This Labor Agreement supersedes
and cancels all prior practices and agreements, whether written or oral, unless expressly stated in
this Labor Agreement. The parties acknowledge that during the negotiations which resulted in this
Labor 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 understandings and agreements arrived at by the parties after the exercise
of that right and opportunity are set forth in this Labor Agreement. The City and the Union, for the
duration of this Labor Agreement, each voluntarily and unqualifiedly waives the right, and each
agrees that the other shall not be obligated, to bargain collectively with respect to any subject or
matter, whether or not referred to or covered in this Labor Agreement, even though such subjects
or matters may not have been within the knowledge or contemplation of either or both of the parties
at the time they negotiated or signed this Labor Agreement. It is expressly agreed that the City
may unilaterally exercise any management rights consistent with Article 3 even though the
exercise of such rights may involve subjects or matters not referred to or covered in this Labor
Agreement. The Union specifically waives any right it might have to impact or effects bargaining
for the life of this Labor Agreement.
ARTICLE 24 TERM OF AGREEMENT
This Labor Agreement shall be effective upon its ratification and shall remain in full force and
effect from May 1, 2023, through April 30, 2027. It shall automatically be 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 Labor Agreement. In the event that such notice
is given, negotiations shall begin no later than forty-five (45) days prior to the expiration date.
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Master 01-09-23 M
Notwithstanding any provision of this Article or agreement to the contrary, this Labor Agreement
shall remain in full force and effect after the expiration date and until a new Labor Agreement is
reached unless either party gives at least ten(10)days' written notice to the other party of its desire
to terminate this Labor Agreement, provided such termination date shall not be before the
anniversary date set forth in the preceding paragraph. Executed this �L� day of
�.1�In.:.�.n/ , 2023.
For the City of McHenry: For the Fraternal Order of Police, Labor
Council:
FI��I7} � I V�'i r
Wayne J / Date Marc J. Fisher Date
Mayo � Unit Steward
���� �l �� ��;�� � � �3
Tricia Ramel Date � Robert Klasek ^�L Date
City Clerk Unit Steward
�;�; ::,..,. �--4» ���� j���-- I-��-l�
.��,
`�^ ' Rob Beaudoin Date
.���,, ��
' Cit�;.�se`a,� '�,�� ���° Unit Steward
z �����'��� � (_�1 ��
:
. r4 ----v � � ,
-;y�y� ���� r �� oshuat. Conway Date
� ;�� .<4.,0..
'� ''�� Unit Steward
�z-���..�
:.,.��.�. � 9
ich wiako Date
U it eward
D,��,• � — �'/-- Uy-a?�
��-�w
Kevin S. Krug Date
FOP, Labor Council
Northern Field Supervisor
38
Master 01-09-23 M
APPENDIX A WAGE TABLE
1-May-22 1-May-23 1-May-24 1-May-25 1-May-26
Current 3.50% 3.50% 3.50% 3.50%
Start $67,789.18 $70,161.80 $72,617.46 $75,159.08 $77,789.64
After 1 Year $73,056.87 $75,613.86 $78,260.35 $80,999.46 $83,834.44
After 2 Years $78,324.56 $81,065.92 $83,903.23 $86,839.84 $89,879.23
After 3 Years $83,592.26 $86,517.99 $89,546.12 $92,680.23 $95,924.04
After 4 Years $88,859.95 $91,970.05 $95,189.00 $98,520.61 $101,968.84
After 5 Years $94,127.67 $97,422.14 $100,831.91 $104,361.03 $108,013.67
After 6 Years $99,395.37 $102,874.21 $106,474.81 $110,201.42 $114,058.47
After 7 Years $104,663.05 $108,326.26 $112,117.68 $116,041.79 $120,103.26
Wage adjustments will retroactively apply to all hours worked and paid since May 1, 2023.
Retroactivity will also apply to the receipt of one and one-half(1 1/2)times the regular rate of pay
for hours worked on priority holidays beginning May 1,2019. Retroactivity shall not be applicable
to any other benefit enhancement resulting from this agreement including but not limited to Court
and Training Time (Section 6.5), Sick Leave Utilization (Section 13.5), and Travel Training
Reimbursement (Section 15.6) for this Labor Agreement only.
APPENDIX B REQUIRED INITIAL UNIFORM LIST
DESCRIPTION QUANTITY
Pull Over Sweater with Embroide 1
6 ocket Na Car o Pants 4
Short Sleeve Shirt Na 100 Dac/Pol 3
511 All Season Jacket 1
Lon Sleeve Shirt Na 100 Dac/Pol 3
Black Turtleneck with Embroide 2
Outside Vest Carrier 1
8" Lu Sole Elimininator Boot 1
Reversible Rain Coat B1acWLime 1
Na 5 Star Ca 1
Silver Ex ansion Ca Stra 1
Clear Ca Cover 1
Winter Ca 1
Tie Bendover Na Dac/Wool 1
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Master 01-09-23 M
Tie Bar Silver Fil State 1
Silver Hi h Gloss Name late 2
Silver Servin Since Ta 2
Baton with holder 1
Sam Browne Belt 2 1/4" BW 1
BW Belt Kee ers 3/4" 4
BW Cuff Case 1
Handcuffs 1
BW Double Cli Pouch 1
BW Glove Pouch 1
Velcro Trouser Belt BW 1
Stin er XT Flashli ht or 511 Flashli ht 1
Stin er XT BW Holder w/FL or F11 Holder 1
Radio Holder B/W 1
40
Master O 1-09-23 M
� �J ' \�` APPENDIX C GRIEVANCE FORM o
�� a
� �'� uo
/ c�
�� (use additional sheets where necessary) �
.,-r. F.... .�.�
•, � ' Date Filed: r*'
�� . . :
. ____ ___-%" Department: o
� '
Grievant's Name: �
Last First M.I. �
�
STEP ONE �
Date of Incident or Date Knew of Facts Giving Rise to Grievance: �
Article(s)/Sections(s)violated: �
Briefly state the facts: z
0
Remedy Sought:
Given To: Date:
Grievant's Signature FOP Representative Signature
EMPLOYER'S RESPONSE
Employer Representative Signature Position
Person to Whom Response Given Date
STEP TWO
Reasons for Advancing Grievance:
Given To: Date:
Grievant's Signature FOP Representative Signature
EMPLOYER'S RESPONSE
Employer Representative Signature Position
41
as er - -
Person to Whom Response Given Date
STEP THREE a
Reasons for Advancing Grievance: �
�
Given To: Date: z
0
�
Grievant's Signature FOP Representative Signature �
�
EMPLOYER'S RESPONSE � �
.�
��
<
�
�
�
0
Employer Representative Signature Position
Person to Whom Response Given Date
STEP FOUR
Reasons for Advancing Grievance:
Given To: Date:
Grievant's Signature FOP Representative Signature
EMPLOYER'S RESPONSE
Employer Representative Signature Position
Person to Whom Response Given Date
REFERRAL TO ARBITRATION by Illinois FOP Labor Council
Person to Whom Referral Given Date
FOP Labor Council Representative
42
as er - -
APPENDIX D DUES AUTHORIZATION FORM
ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL
974 CLOCK TOWER DRIVE
SPRINGFIELD, ILLINOIS 62704
I� ,understand that under the U.S. Constitution I have a right
not to belong to a Union. By my signature I hereby waive this right and opt to join the IL FOP Labor
Council. I, , hereby authorize my Employer, the City of
McHenry to deduct from my wages the uniform amount of monthly dues set by the Illinois Fraternal Order
of Police Labor Council,for expenses connected with the cost of negotiating and maintaining the collective
bargaining agreement between the parties and to remit such dues to the Illinois Fraternal Order of Police
Labor Council as it may from time to time direct. In addition, I authorize my Employer to deduct from
wages any back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of my
employment as exclusive bargaining representative to the date this dues deduction is implemented, in such
manner as it so directs.
Date: Signed:
Address:
City:
State: Zip:
Telephone:
Personal Email:
Employment Start Date: Title:
---------------------------------------------------------------------------------------------------------------------
Employer, please remit all dues deductions to:
Illinois Fraternal Order of Police Labor Council
Attn:Accounting
974 Clock Tower Drive
Springfield,IL 62704
(217)698-9433
Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable contributions for federal
income tax purposes;however,they may be deductible on Schedule A of 1040 as a miscellaneous deduction. Please check with
your tax preparer regarding deductibility.
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Master 01-09-23 M
APPENDIX E GENERAL ORDER 22.10 ATTENDANCE RQUIREMENT �
CITY OF McHENRY POLICE DEPARTMENT
,� '�;.
333 S. Green Street, McHenry, Illinois 60050 ��t'
Effective Date - k�`« General Ocder Number
March 5"',2009 �' ����ER z2.10
Subject
Attendance
Reference Rescinds(Replaces: Last ReviewecURevised
PER 1-1,Section AR.Physical
Examinations Encouraged March 24'h,2009
CALEA Standard/s Distnbution: Classification: No.Pages
33.1.2 Attendance Requirement * Master File Copy Section 3,C6apter 22 3.
AII De{wrtrnent Personnel Compensation.Benefits
&Conditia�s
I. PURPOSE
The purpose of this order is to define provisions for employee attendance, promote positive morale and provide for the
Department's ability to serve the Community to the best of its ability.
II. POLICY
It is the policy of the McHenry Police Department to expect their employees to attend work and to be warking in a regular and
predictable manner. Failing to do so may be legitimate grounds for disciplinary action up to and including termination,with or
without fault.All forms of absenteeism will be classified as either scheduled or non-scheduled,or beyond the employees control.
III. DEFINITIONS
Abusive Use: Taking leave in a manner for which it was not intended. Employee fault may or may not be a necessary element
of cause in proving this offense.
Exa`nple:Using sick leave in direct proportion to the amount of time earned,or using it as soon as it is earned, or using it in a
predictable pattern, is substantial evidence of abusive use.
Absent Without Leave:Absence without appropriate notice for three(3)consecutive workdays is considered to be a voluntary
resignation,unless the circumstances are beyond the employees control.
Excessive Absenteeism: That level of non-scheduled absenteeism that exceeds the calculated work unit average by more than
20 percent of that average (see following example). This is a no-fault standard, which means that cause for taking remedial
action is not conditioned on management proving the employee was at fault for the absenteeism problem.
Example:The work unit's average amount of non-scheduled absenteeism is determined to be 16 hrs.for a three month reporting
period.Therefore, 16 hrs.+(16 hrs.x 20%)= 19.2 hrs.Absenteeism greater than 19.2 hrs.would be considered to be excessive
for that reporting period.
Fraudulent (Ise: Misrepresenting the need for leave or claiming illness or injury under false pretense is fraud. Fraudulent use
of leave privileges is theft of time and services.Fraud in any form is a dismissible offense.Employee fault is a necessary element
of proof for cause to be established.
Scheduled Absenteeism:Absenteeism that is prearranged with an immediate supervisor and/or manager.
Examples:Military leave,Family Medical Leave,vacation,arranged use of sick leave,disability leave,jury duty.
Non-scheduled absenteeism: Absenteeism that doesn't fit the definition of scheduled absenteeism.
Exa�nples: Calling in sick, leaving work with or without permission, unavailability or failure to report for emergency call out
or overtime,without reasonable cause or tardiness.
Work Unit:A city department in which employees are involved in a common function.
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IV. PROCEDURE
A. Notification Requirements
1. Employees are required to notify their supervisor, or designated person, if they are going to be tardy or cannot
report for work at the designated time or place.
2. Employees are expected to explain or verify all absences.
3. Employees must report unscheduled absences personally to a supervisor with as much advance notice as possible,
but no later than one (1) hour before the start of the employee's work shift. Employees cannot rely on another
person to make this report. An exception would be where an emergency has occurred and the employee cannot
personally report the absence.In such case,the employee is expected to make a good faith effort,to report as soon
as possible. To the extent permitted by law, employees that are on non-scheduled sick leave shall remain at their
residence,unless hospitalized,visiting the doctor,or acting pursuant to reasonable instructions for care.
4. In the event an employee becomes ill while on duty or at work, he/she must notify a supervisor immediately, and
unless it is an emergency,he/she shall not leave an assignment until properly relieved.
5. Employees are expected to schedule elective absenteeism in advance in order that schedule and work priorities
might be adjusted accordingly. Failure to do so may result in denial of leave or pay for the period.
B. Criteria for Taking Corrective Actions
1. Regular and predictable attendance is considered to be the primary function of every employee warking for
the City of McHenry Police Department. Employees who cannot,or will not,fulfill their responsibilities may
create cause for Management to take one or more of the following actions:
a. Reassignment.
b. Fitness for duty testing
c. Disciplinary action
d. Termination
2. Should an employee have an attendance,tardiness or absenteeism problem,Management will make a case-by
case analysis to determine appropriate corrective action. Factors taken into consideration may include,but are
not limited to:
a. The nature and reasons for the absenteeism problem.
b. The employee's work,productivity and other employment history.
c. A predictable pattern of absenteeism exists in the employee's work record.
d. The staffing needs of the Department.
e. The economic costs to the Department.
f. The employee's demonstrated ability and willingness to improve and to correct the problem.
g. Supervisors have warned an employee of a problem and applied sanctions fairly and consistently.
h. The length of time during which the employee had a poor attendance record.
i. An employee failed to give proper notice of absence. (No later than 1-hour)
j. Reasons for the employee's absences and whether absences were intermittent or extended.
k. Quarterly attendance records of other similarly situated employees.
1. Discipline was consistent with the discipline given other employees in similar situations with similar work
records.
3. Based on substantial evidence of misuse or abuse,the Department maintains the right to investigate an absence,
including but not limited to requesting a doctor's note or contacting an employee at home during any employee's
absence.
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C. Incentives
As part of the City of McHenry Police Deparhnent's attendance and absenteeism control plan, incentives exist to
acknowledge and reward those who maintain good attendance records.Employees may contact their supervisors about
these incentives.See also, City of McHenry, Personnel Policies and Procedures, Section 26.5.
For purposes here, employees who maintain good attendance records are assured that any other employee with an
absenteeism problem may be barred from such things as transfer positions,merit,promotion,or advanced training until
they correct their problems.
Established by the Order af: Effxtive Date Classificatiio�:
�n � March 5'�.2009 sxtion 3,Chaptcr 22
'• '��„ � Co�ensation,Benefits&
ChieF W il)iam J.Btogan Conditions
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APPENDIX F FAMILY MEDICAL LEAVE POLICY
SECTION 28 -FAMILY AND MEDICAL LEAVE ACT POLICY AND PROCEDURES
28.1 Provisions: In accordance with the Family and Medical Leave Act (FMLA),and subject
to the conditions stated below, the City will grant to eligible employees up to twelve (12)
weeks of job-protected unpaid family and medical leave, per twelve (12) month period,
for any one or more of the following reasons:
A. The birth of an employee's child, to care for such child or the placement of a child
with the employee for adoption or foster care. (Leave for this reason must be
taken within the twelve month period following the child's birth or placement
with the employee. If both spouses work for the City, each are permitted to take
only a combined total of twelve (12) weeks leave during any twelve (12) month
period.)
B. To care for the employee's immediate family member, if the immediate family
member has a serious health condition; or
C. The employee's own serious health condition that makes the employee unable to
perform the essential functions of his or her position.
28.2 Definitions: "Twelve month period" means a rolling twelve (12) month period measured
backward from the date leave is taken and continuous with each additional leave day
taken.
"Spouse" means married domestic partner.
"Child" means a child under 18 years of age, or 18 years of age and older, who is
incapable of self-care because of a mental or physical disability as determined by the
Social Security Act and Americans with Disabilities Act (ADA) regulations. An
employee's child is one for whom the employee has actual day-to-day responsibility for
care and includes a biological, adopted, foster, or stepchild.
"Parent" means the biological parent or an individual who stands or stood in loco parentis
(in the place of a parent) to the employee when the employee was a child. It excludes
"parents-in-law."
"Immediate Family" means the employee's spouse, child, or parent.
"Serious Health Condition" means an illness, injury, impairment or physical or mental
condition that involves:
A. Inpatient care; or
B. Any period of incapacity requiring absence from work for more than three
calendar days, that also involves continuing treatment by (or being under
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the supervision o� a health care provider; or
C. Continuing treatment by (or under the supervision o� a health care
provider for a chronic or long-term health condition that is incurable or
which, if left untreated, would likely result in a period of incapacity of
more than three calendar days; or
D. Prenatal care from a health care provider.
"Incapable of self-care" means that the individual requires active assistance or
supervision to provide daily self-care in several of the activities of daily living, such as
caring appropriately for one's grooming or hygiene, bathing, dressing, eating, cooking,
cleaning, shopping, taking public transportation, paying bills, maintaining a residence,
using telephones, and the like.
"Health Care Provider" - means a doctor of inedicine or osteopathy, or any other person
determined by the Federal Government to be capable of providing health care services
including podiatrists, dentists, clinical psychologists, optometrists, chiropractors,
nurse-practitioners, nurse-midwives authorized to practice by state law, and Christian
Science practitioners.
"Medical necessity" means there must be a medical need for the leave, as distinguished
. from voluntary treatments or procedures.
28.3 Eligible Emplo ��ee:
A. All Employees
To be eligible for FMLA, an employee must:
�. Have worked for the City at least 10 months whether consecutively or not,
(meaning the employee was maintained on the payroll); and
2. Have worked at least 1250 hours during the year preceding the start of the
leave. Hours worked are determined by applying the principles of the Fair
Labor Standards Act(FLSA).
B. Exempt Employees
FLSA exempt employees who have worked for the City at least 12 months are presumed
to have met the minimum service required for eligibility.
28.4 Request for Leave:
A. No Need to Assert FMLA Rights
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Employees need not expressly assert their rights under the FMLA, or even mention the
FMLA when applying for leave. It is enough to state that leave is needed for one or more
of the covered reasons, listed under the heading "Family and Medical Leave Provisions"
above.
B. Leave for Medical Condition
The City may have to inquire further to determine whether the leave requested is
for a serious health condition which must be supported by a Medical Certification
from the health care provider.
C. Planning Treatment
Upon getting notice for a leave, the City may, for business reasons, require the
employee to try to reschedule the treatment, so long as the treating health care
provider approves the modification of the treatment schedule.
28.5 Notice Requirement:
A. Foreseeable Leave.
1. Unpaid leave: An employee must give 30 days' notice if the leave is
foreseeable and unpaid. The request for leave must be accompanied by the
"Employee Leave Request Form" furnished by the City Administrator or
his designee. If the employee fails to give 30 days' notice without having a
reasonable excuse far the delay, the leave will be denied unti130 days
after the employee provides the notice.
2. Paid leave: The notice period for a foreseeable paid leave is the same
which the employee is required to give to use vacation, sick leave or
whatever applicable paid benefit time the employee requests, and is
determined either by the City Personnel Policies and Procedures, or a
departmental or City-wide procedure. The substitution of paid leave for
the otherwise unpaid leave provided by the FMLA is described below.
B. Unforeseeable Leave
1. Unpaid leave: In unexpected or unforeseeable situations, an employee
should provide as much notice as is practicable under the circumstances. It
is expected that the employee would give notice within one or two
business days of learning of the need for the leave, except in extraordinary
circumstances. The notice shall be followed by the completed "Employee
Leave Request Form."
In case of a medical emergency involving either the employee's own or the
immediate family member's serious health condition, the City's otherwise
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required advance notice is unenforceable when FMLA leave is involved.
2. Paid leave: The provisions described under Section VII Elb above apply.
28.6 Medical Certification:
A. Timeframe to Submit Form: For leaves (unpaid) taken because of the employee's
or a covered family member's serious health condition, the employee must submit
a completed "Medical Certification" form available from the City Administrator
or his designee within 15 days after the City requests completion of the form, or
as soon as reasonably possible.
B. Subsequent Medical Opinion/Reports: The City may require a second or third
opinion, at the City's expense, and periodic reports on the employee's status and
intent to return to work. The employee must furnish a fitness for duty report to
return from a leave taken because of the employee's own serious health condition.
28.7 Intermittent or Reduced Leave:
A. Serious Health Condition: If it is medically necessary, leave may be taken
intermittently (a few days/hours at a time), or on a reduced leave schedule to care
for an immediate family member with a serious health condition, or because of
the employee's own serious health condition.
1. Medical Necessity: The treatment regimen and other information given on
the "Medical Certification" form is enough to certify the medical necessity
of intermittent or reduced leave. However, the employee must schedule
such leave so as not to disrupt the City's operations. Upon request,the
employee shall provide the City with the reasons why the
intermittent/reduced leave schedule is necessary, and furnish a schedule of
the treatment. The City and the employee will work out a mutually
agreeable schedule, subject to the approval of the health care provider.
2. Temporary Transfer: The employee may be required to transfer
temporarily to a position with equivalent pay and benefits that better
accommodates recurring periods of leave, when the leave is planned for
scheduled medical treatment.
B. Department's Consent: A leave taken intermittently or on a reduced leave
schedule for the birth of the employee's child, or the child's placement with the
employee for adoption or foster care, requires the department's consent.
C. Part-time/Variable Hours Employees: For part-time employees and those
working variable hours, the FMLA leave entitlement is calculated on a pro-rata
basis whereby the 12 weeks worked immediately prior to the start of the leave are
used to calculate the employee's normal work week.
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D. Exempt Employees: Exempt employees' salaries will be reduced by the hours
taken as intermittent or reduced leave during the work week, without affecting
their exempt status.
28.8 Substitution of Paid Leave:
A. Required Substitution: Employees are required to substitute all accrued paid
benefit time for any part of an FMLA leave taken for any reason except for the
last five (or fewer) vacation days left during the remaining employee year, which
they may retain for future use.
B. Combination of Paid/Unpaid Leave: When an employee has used accrued paid
benefit time for a portion of FMLA leave, the employee may request an additional
period of unpaid leave for a total combined leave of 12 weeks.
C. Right of Substitution: An employee has the right to substitute all of his/her
accrued paid benefit time, so long as the City Personnel Policies and Procedures
permit the use of paid benefit time for the type of FMLA leave requested.
28.9 Effect on Benefits:
A. Group Insurance: The employee's group health insurance and life insurance plan
continues under the same conditions as coverage would have been provided if the
employee had continuously been employed during the leave period.
B. Insurance Contributions: Employees' contributions to premiums continue at the
same level as if they were actively employed. If there is a change in the
employee's share of premium costs, they are notified of the change and expected
to pay the premium they would have paid had they not been on leave.
1. Paid leave: Employees who are on paid leave will have their premium
payments withheld through payroll deduction.
2. Unpaid leave: Employees who are on unpaid leave will be advised in
writing at the beginning of the leave period of the amount, method and due
date of their premium payments.
3. Late payment: If an employee's premium payment is more than thirty (30)
days late, the City may terminate the health coverage. However, the
coverage will be restored immediately upon the employee's return from
leave.
4. Reimbursement: If the City pays the employee's share of the premium
which the employee missed during the leave, the City may require
reimbursement from the employee upon return from leave. The employee
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will be required to sign a written statement at the beginning of the leave
authorizing payroll deductions for delinquent payments.
5. Employee does not return from leave: If the employee fails to return from
leave for reasons other than the continuation of the employee's serious
health condition, or the serious health condition of a covered family
member, or circumstances beyond the employee's control, or the employee
returns to work for less than 30 days, the City may seek reimbursement for
the employer's share of the premiums paid on behalf of the employee
during the period of the leave.
C. Other Benefits: An employee is not entitled to seniority or benefit accrual during
periods of unpaid leave, unless otherwise stated in the City Personnel Policies and
Procedures or law. However, the employee will not lose any benefit accrued prior
to the leave.
28.10 Job Protection:
A. Same or Equivalent Position: If employees return from leave by the end of twelve
(12) weeks, or before,they are reinstated to the former position or an equivalent
one, with equivalent pay, benefits, status, authority, and other conditions of
employment as they held before going on leave.
B. Restoration Rights: The restoration rights of an employee returning from FMLA
leave are the same as they would have been had the employee continued to work.
Therefore, had the employee's position been eliminated, or the employee been
terminated while actively at work,there is no right to be reinstated upon return
from leave.
C. Late Return: If the employee fails to return by the end of twelve (12) weeks,
reinstatement to the same or similar position occurs only if it is available.
Otherwise,the employee's employment may be terminated.
D. Key Employee: An exception to reinstatement may also be made in the case of a
"key employee," even if the "key employee" returns timely from leave. A "key
employee" is among the 10%highest paid City employees. "Key employees" will
be notified of their status in writing when they request FMLA leave and informed
as to whether there is a possibility that reinstatement will be denied after leave.
Restoration may be denied if it causes substantial and grievous economic injury as
defined by FMLA regulations.
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APPENDIX G GENERAL ORDER 22.4 SECONDARY EMPLOYMENT
CITY OF McHENRY POLICE DEPARTMENT
333 S. Green Street, McHenry, Illinois 60050
Effective Date
October 21, 2��2 GENERAL ORDER General OrderNumber
Subject 22•4
Seconda /Extra-Du Em lo ment
Reference Rescinds/Replaces: Last Reviewed/Revised:
McHenry Personnel Policies&Procedures,Section l5, 1 s.�.r. General Order 22.3 January 25,2005
City of McHenry Collective Bargaining,Article X[X,Section 19.5
Secondary Employment
CALEA Standard/s Distribution: Chapter 3 No.Pages
22.3.3 Off-Du[v Emolovment Master File Copy Personnel Structure
22.3.4 Extra-Du �Em lo ment All Department Personnel Tab 4 3'
I. PURPOSE
The McHenry Police Department recognizes the desire by employees to maintain outside interests and seek part-time
employment opportunities separate from their full-time employment with the department. The purpose of this directive is to
ensure that although employees may elect to participate in secondary or extra duty employment opportunities, it is important
that they are fit for duty when reporting for their tour of duty at the department. This policy covers both sworn and non-sworn
personnel.
II. POLICY
It is in the Department's interest to ensure that employees do not participate in secondary employment that would constitute a
conflict of interest, infringe on the employee's ability to do his job or would tend to bring discredit to the Deparhnent.
Employees engaging in Secondary Employment must reasonably be available to report for duty on short notice when ordered
in to work.
III. DEFINITIONS
Employment:The provision of a service,whether or not in exchange for a fee or other service including self-employment. This
includes any employment in which another may financially benefit from the employee's work. Employment does not include
volunteer charity work.
Secondary Employment: Any outside employment, which is off duty, wherein the use of law enforcement power is not
anticipated.
Extra-Duty Employment: Any secondary employment that is conditioned on the actual or potential use of law enforcement
powers by the off-duty employee.
E`nployee:All full-time police personnel whether sworn or civilian who are employed by the City of McHenry.
IV. PROCEDURES (Calea 22.3.4 a, c, cl)
A. General Provisions of Secondary and Extra-Duty Employment
1. All off-duty or Secondary and Extra Duty Employment will be approved in accordance with the City of McHenry
Personnel Policy Manual,this Policy and the Police Officers Collective Bargaining Agreement.
2. Prior to engaging in Secondary or Extra Duty Employment employees will submit through the chain of command, a
"Secondary Employment-Request for Approval Form" (Sample Attached).
3. Upon review this form shall be returned with approval or denial of request within ten(10)days after submission.
4. All approved requests are subject to periodic review and reconsideration for approval by the Chief of Police.
Employees shall communicate in writing any changes in the conditions of Secondary or Extra-Duty Employment that
were previously approved by the department.
5. The Chief of Police or his designee will be the point of coordination and administration within the agency to ensure
compliance with this policy.
6. The Chief of Police or his designee will monitor secondary and extra duty employment of agency personnel. The
Chief of Police may revoke the approval of personnel to work certain secondary employment if it appears that the
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employment violates any provisions of the law,of this policy,of the City of McHenry's Personnel Manual or of other
provisions of this manual.
7. Court appearances required as a result of Secondary Employment or Extra-Duty Employment is the responsibility of
the employee and shall not be attended during on-duty hours.
8. Officers engaged in Off Duty, Secondary Employment or Extra-Duty who use their law enforcement powers are
required to notify the department in writing of the circumstances surrounding their use of these powers within 24 hours
of the incident.
9. Department employees will not perform duties that are in conflict with Departmental Directives, permit or condone
activity that is a violation of Federal, State or Local Statutes or give the impression that the Officer was condoning
illegal or immoral activity.
10. Probationary employees,who have not entered the solo step of their probationary period,shall not be eligible to engage
in secondary employment.
B. Specific Provisions Secondary Employment
(Calea 22.3.3)
1. Secondary employment shall not conflict with regularly scheduled duty hours.
2. McHenry Police Officers working any authorized secondary employment will be allowed to work up to a maximum
of thirty (30) hours per week or a total of 70 hours in combination with regular duty in a single week. The week is
considered as covering the period from 0001 hours Sunday morning to 2400 hours the following Saturday night.There
are no restrictions placed on regular days off,holidays or vacation days.
3. No employee shall solicit any person, business or other entity for secondary employment while on duty, or while
acting as a McHenry Police Department employee.
4. Employees will not wear any garments that identify them as McHenry Police Officers while performing Secondary
Employment.
5. Employees will not access, disseminate information from, or perform inquiries of any law enforcement data system
in the performance of any secondary employment.
6. Employees will not identify themselves as a McHenry Police Officer unless required in the process of placing an
individual under arrest.
7. Employees shall not utilize City of McHenry uniforms,weapons or any other equipment in the pursuit of Secondary
Employment.
C. Specific Provisions Extra-Duty Employment
(Calea 22.3.4,a.,b.,c.,d.,e.)
1. Officers will not wear garments that identify them as McHenry Police Officers while performing Extra-Duty
Employment without expressed written permission from the Chief of Police.
2. All City and Department policies, procedures, rules and regulations apply to the behavior and activities of officers
during extra-duty employment.
3. Officers will not utilize City of McHenry uniforms,weapons or equipment in the pursuit of Extra-Duty Employment
unless authorized by the Chief of Police or his designee.
a. Exceptions to this provision may be made for a Department authorized detail of McHenry School District 15 or
156 or another govemmental entity.
4. Officers who are engaged in Extra-Duty Employment within the corporate limits of the City of McHenry or autharized
region shall notify the on-duty Shift Commander and Communications prior to reporting for duty.
5. Communications equipment shall be utilized to keep the officer in continuous contact with the Communications
Center while working within McHenry County.
6. If time allows, it is strongly recommended that an officer engaged in extra-duty employment contact the department
or law enforcement agency with jurisdiction over the area where they are employed prior to placing an individual
under arrest. If time does not permit,said notification will be made as soon as possible after the arrested individual is
secured.
7. McHenry Police Officers working any authorized secondary employment will be allowed to work up to a maximum
of thirty (30)hours per week or a total of 70 hours in combination with regular duty in a single week. The week is
considered as covering the period from 0001 hours Sunday morning to 2400 hours the following Saturday night.There
are no restrictions placed on regular days off,holidays or vacation days.
8. Sworn Employees may engage in employment as a "Peace Officer" as defined in the Criminal Code of 1961, 720
ILCS 5/2-13 for a governmental entity other than the City of McHenry under the terms of this order. Officers who
elect to engage in such employment shall not utilize City of McHenry Uniforms,weapons or equipment.
9. Court appearances required as a result of Extra-Duty Employment is the responsibility of the employee and shall not
be attended durin on-du hours.
Established by the Order of. City Council Review Effective Date Chapter 3
�,,�,� p�,�,, � October 7, 2002 October 21, 2002 Tab 4nnel Structure
Chief Thomas J.O'Meara
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Sample of Off-Duty Employment-REQUEST FOR APPROVAL ATTACHMENT A 223.3
City of McHenry Police Department
Off-Duty Employment — Request for Approval
To: Chief of Police
From: Date of Request:
Prospective Secondary Employer/Company Name:
Address: City: State:
Prospective Immediate Supervisor: Telephone:
Anticipated Starting Date: Anticipated total work hours per week:
(Maximum recommended for sworn offrcers per regulation is 20 hours per week.)
Description of work to be performed:
1. I have reviewed General Order 22.3.3, Secondary Employment and Extra Duty Employment
and agree to conform to the provisions of this order.
2. I am aware that if my off-duty employment is situated outside the corporate limits of the City of
McHenry, I will not represent myself as a McHenry police o�cer during the performance of my
duties. In addition, I accept the condition that I am not to use city equipment nor utilize the
facilities of our Records Section in connection with my prospective off-duty employment.
Date:
Signature of Employee
Do not write below this line.
TO:
From: Date:
Request is: ❑ Approved ❑ Denied
Comment:
This request must be received in the ChiePs oftice prior to starting date.Original Copy to Personnel File,one copy to Chief's office
file and one copy retumed to submitting employee. ; ,���i_
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APPENDIX H
SENIORITY LIST
MCHENRY POLICE DEPT PATROL OFFICER-- SENIORITY LIST
1. Officer John R. Adams #1062 06/14/1999
2. Officer Robert J. Roske #1067 10/O1/1999
3. Officer Jill A. Foley #1066 10/O1/1999
4. Of�cer Marc J. Fisher #1074 O1/OS/2001
5. Officer Lawrence L. Popp #1027 07/02/2001
6. Officer Richard A. Rewiako #1031 07/02/2001
7. Officer Jason C. Ducak #1075 O1/04/2002
8. Officer Michael E. Spohn #1076 O1/04/2002
9. Officer Omar Morales #1077 04/12/2002
10. Officer Ryan W. Pardue #1078 04/12/2002
11. Officer Adriana Birk #1086 08/16/2004
12. Of�cer James A. Harris #1087 08/16/2004
13. Of�cer Paul R. Prather #1089 04/24/2006
14. Officer Matthew E. Schmitt #1097 12/12/2007
15. Of�cer Robert R. Beaudoin #1102 10/20/2009
16. Of�cer Robert J. Klasek #1103 02/08/2010
17. Officer Matthew J. Voelker #1104 09/07/2010
18. Officer Christina K. Noyes #1105 O1/OS/2011
19. Officer Joshua T. Conway #1111 06/30/2014
20. Officer Samuel M. Shafer #1112 09/22/2014
21. Officer Ryan M. Ehardt #1114 09/21/2015
22. Officer Katelyn M. Lorenz #1118 O1/25/2017
23. Officer Roger J.Hendrickson #1120 12/04/2017
24. Officer Peter M. Mader #1121 OS/14/2018
25. Officer Megan D. Carey #1123 09/12/2018
26. Officer Diana Hernandez #1125 06/17/2019
27. Officer Susan A. Ellis #1126 09/23/2019
28. Officer Ashley N. O'Herron #1127 12/03/2019
29. Officer Henri A. Krueger #1128 12/03/2019
30. Officer Katherine A. Zajac #1130 O1/18/2021
31. Officer Alberto Martinez #1131 03/15/2021
32. Officer Daniel S. Lincicum #1132 03/15/2021
33. Officer Matthew D. Szoke #1133 09/10/2021
34. Officer Zachary R. Diebold #1134 12/30/2021
35. Officer Grahm M. McClure #1135 04/18/2022
36. Of�cer William Campos #1136 04/18/2022
01-09-�
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