2022-03-03 - Ordinance 2022-023 - APPROVING A COLLECTIVE BARGAINING AGREEMENT AND MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE METROPOLITAN ALLIANCE OF POLICE (MAP) BUFFALO GROVE POLICE PATROL OFFICER CHAPTER #672 ORDINANCE NO.2022-023
AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT AND
MEMORANDUM OF UNDERSTANDING(MOU)
BETWEEN THE VILLAGE OF BUFFALO GROVE
AND
THE METROPOLITAN ALLIANCE OF POLICE(MAP)BUFFALO GROVE POLICE PATROL OFFICER CHAPTER#672
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Provisions of the Constitution
of the State of Illinois of 1970;and
WHERAS, in accordance with the Illinois Public Labor Relations Act, the Village of Buffalo Grove entered
into good faith collective bargaining and has thus reached an agreement with the Metropolitan Alliance of Police
(MAP), Buffalo Grove Police Patrol Officer Chapter #672 concerning the attached: 1) successor Collective
Bargaining Agreement (January 1, 2022 through December 31, 2023) and 2) Memorandum of Understanding
related to a COVID-19 Vaccination Policy for its membership.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS that:
Sect,i,on1. The President and the Board of Trustees hereby accepts the terms of the attached
Memorandum of Understanding.
Section 2. The Village Manager is authorized to enter into agreement with the Metropolitan Alliance of
Police (MAP), Buffalo Grove Police Patrol Officer Chapter #672 concerning a Collective Bargaining
Agreement(January 1, 2022 through December 31,2023).
Section 3. The Village Manager is authorized to enter into agreement with the Metropolitan Alliance of
Police (MAP), Buffalo Grove Police Patrol Officer Chapter #672 concerning a Memorandum of
Understanding related to a COVID-19 Vaccination Policy for its membership.
Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. This
Ordinance shall not be codified.
AYES: 6-Stein Otten eimer,_ gigO r2 e!O..j e Lns...m. r�lth�e
NAYES: 0-None
ABSENT: 0—None
PASSED: March 3J 2022.
APPROVED: March 3,_2022
APPROVED:
Beverly Sussman,d1lage President
ATTEST:
Janet n,VillaL?e Clerk
AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE
AND
THE METROPOLITAN ALLIANCE OF
POLICE BUFFALO GROVE
POLICE PATROL OFFICER
CHAPTER # 672
January 1, 2022 - December 31, 2023
TABLE OF CONTENTS
AGREEMENT. ................... ......... ......... ............ ...... ................... ..........................................I
,article I... ........................................ ................................................................................. ...........I
Section 1.1 Recognition..
Section 1.2 Non-Discrinainatican ........................................ ......... ......... ...................,, 1
Section 1.3 Gender....................................................................................
.......................1
Section 1.4 Chief............ .....................,,....... ..,....,,........,............ ,................... .......
.,..1
Article11 ..................._................................ ......... ......... ......... ......... ......... ......... ......... ...........
Section 2.1 Bulletin Board/Posting cal` 'latcri als..........................
ArticleIII ..................... ............................ ......... .........................................................................2
Section 3.1 Management ............... ...........
Section 3.2 Contracting Out ..., ............... ........................................ ....----2
Section 3.3 Precedence of Agreement.............. ....... ....................................................2
articleIV.......... ......... ......... ................... ........................................ ......... ......... ......... ...........3
Section 4.1 Safety Committee ........................ ...,,.... ........................................
Section 4.2 general Orders/GUidelines Task l'ores: Committee... ........ .. ....... .. .........
Section 4.3 Labor-Management Cornmittee.. .........
Section 4.4 Promulgation of New or Revised Rules -,... .......-................... ............. 3
Section 4.5 return to nrk After Illness/In'
ury ...........................................................4
Section 4.6 Drug and Alcohol Testing Policy ...............................................................4
Section 4.7 Performance Evaluation Plan ,........................................................ 5
Section 4.8 Secondary l mployinent..............................................................................,6
Section 4.9 Safe Driving Incentive................. ............................. ................................6
Section 4.10 Officer Involved Shootings........ .........
ArticleV...... ..... ......... ......... ......... ......... .................... ......... ......... ........, ......... ............. .......7
Section 5.1 No Smoking,.................. ...... ................................7
Section 5.2 Residency................ ......... ..... .......... .. ...........7
ArticleVI ......... .............................. ......... .............................., ,.,........ .................... .................,...8
Section 6.1 Salaries.......... ......... ......... ...................... ...
Section6.2 Specialty Pay ................... ..................... ........ ......... ......... .....................9
Section 6.3 Hours of Work and Overtime ..... ................... ......................................... 10
Section 6.4 Training Overtime .. ......... ......... ................... ................... ................... I I.
Section6.5 Longevity-...................................................................................... ......... I I.
Section 6.6 Call Backs & Court Tinle . ................................................... .......,........,. 12
Section 6.7 Health, Dental, Vision & life Benefits -..... ........................ 13
Section 6.8 Attendance at Grievance Meetings............-...............-...... ...... 14
Section 6.9 Uni form Allo wane c/Mai ntenance ............................. ......... ......... .......... 14
Section6.10 Holidays-... ........................................ ......... ........................... .. 14
Section6.1.1 Sick I.eave .. .,............................ ......... ......... .............................. 15
Section 6.12 When ......... ......... ......... 15
i.
Section 6.13 Accrual.............-......................... ........ ...---..............---... 16
Section 6.14 Accrued Sick Leave........ ...... ....... ...... ....---............... 16
Section .15 Light Duty................ ...... ................. ............ 17
Section 6.16 Vacation.,,........... ....... ................— 18
Section 6.17 SIfifis or Watches...... ..... ........- 19
Section 6.18 Work Schedules......................... .............................. ......... .........20
Section 6.19 ("banging
I hanging Days ........ ...................--............21
Section 6.20 Breaks and Lunches................... ....... ................. ......—,21
ArticleVII......................................................................................................................................21
Section 7.1 Grievance - Definition....... ........ ........................ 21
Section7.2 Procedure ................ .......... . ........................... ............................... .........21
Section 7.3 Arbitration-........... ........................-....... ..................... ............ 2 2
Section 7.4 Limitations On Authority ot'Arbitrator..............-.......-................. ...---23
Section 7.5 Time Limit For Filing.........-.... .. ... ....... ........ ................ ...... ...23
Section, 7.6 Miscellaneous...........................----........... ................ ..--.23
Article V I I I...................................................................................................................................24
Section8.1 No Strike........ ......... ............................... ........---........ ...24
Section, 8.2 No Lockout .......... ........... ....... .............--...........----......24
ArticleIX........................................................................................................................................24
Section 9.1 Discipline and Discharge/Investigations .... ..........................--24
ArticleX............................................................................................................................................26
Section 10.1 Dues Deductions... .......-... ..................—...... ......26
Section 10.2 (11 1 liapter Inderrinification —......---....... ............. 26
Article X1 .......................................................................................................................................26
Section 11.1 Definition of Seniority..........-.......................-.......... ..........—.26
Section 11.2 Probationary Period ....—.....................---.......... ...................26
Section 11.3 Seniority List ........ ...... ......... ..................27
Section 11.,4 Layoff—.............. ................. ........... 2 7
Section 11.5 Recall .................. ...... ................ ..... 27
Section 11.6 Termination of Seniority................. ......-- ........................... 27
Section 11.7 Benefits During Layoff......................... ...........29
ArticleX11.......................................................................................................................................28
Section 12.1 Savings Clause... ...... .............. .....................������-28
ArticleX I I I...................................................................................................................................29
Section 13.1 Duration of Agreement... ............. ........................... 29
AGREEMEN]r
This Agreement is made and entered into by and between the Village of Buffalo Grove,
Illinois (hereinall er referred to as the "Village"), and the Metropolitan Alliance of Police Buffalo
Grove Patrol Officers Chapter 4672, (hereinafter ref*ei-red to as the "Union").
It is the intent and purpose of this Agreement to set forth the parties entire Agreement with
respect to the rates of' pay, hours of en,iploynient, fringe benefits, and other conditions of
employment that will he in effect during the term ofthis Agreement for employees covered by this
Agreement; to prevent inteiTuptions of work and interference with the operations of the Village;
to encourage and improve efficiency and productivity and to provide procedures for the prompt
and peaceful adjustment of grievances., as provided herein.
Now, therefore, the parties agree as follows:
AWFICLE I
Section 1.1 Recognition
The Village recognizes the Union as the sole and exclusive bargaining representative f'or
all sworn police officers employed full time by the Village of Buffalo Grove in the classifications
below the rank of Sergeant, but excluding the ranks of Sergeant and above along with all
managerial, supervisory, confidential, part time or temporary employees, civilian employees, and
other employees of the Department and the Village.
age.
Section 1.2 Non-Discrimination
In accordance with applicable law, neither the Village nor the Union shall discriminate
against any employee covered by this Agreement because of race, sex, age, religion, creed, color,
national origin, sexual orientation, Union membership or non-membership or political affiliation.
Any formal dispute concerning the interpretation and application of this paragraph shall be
processed through the appropriate federal or state agency or court rather than through the grievance
procedure set forth in this Agreement.
Section 1.3 Gender
In this Agreement the words "he," "his," and "him," shall connote both masculine and
fierninine genders.
Section 1.4 Chief
References in this Agreement to "Chief' include the Police Chief and his designee(s), The
Chief will give the Union notice of any person serving as a "designee" and for what purposes that
person will serve as a designee.
ARTICLE 11
Section 2.1 Bulletin Board/Posting of Materials
The Village will allow the Union to place a bulletin board in the police station for the
posting of" official Union notices of a non-partisan. non-offensive (based on legally protected
category'), and rion-derogatory nature. A copy of all postings will be provided to the Chief' in
advance 10 ensure compliance with this provision,
ARTICLE III
Section 3.1 Management Rights
LAcept as specifically limited by the express provisions of this Agreement, the Village
retains all traditional rights to manage and direct the affairs of the Village in all of' its various
aspects., and to manage and direct its employees to make and implement decisions with respect to
the operation and the management of its operations, in all respects, including all rights and
authority possessed or exercised by the Village prior to the execution of this, Agreement. These
rights and authority include, but are not limited to, the following: to plan, direct., control and
determine all the operations and services of the Village; to determine the Village's budget and
budgetary priorities, to levy taxes; to supervise and direct the NVOrking forces; to establish the
qualifications for employment, and to employ personnel; to schedule and assign work; to establish
work and productivity standards and, from time to time, to change these standards; to assign
overtime, to determine the methods, means, organization and number of personnel by which
operations are conducted; to make, alter and enforce reasonable rules, regulations, orders and
policies (provided that only rules, regulations, orders and policies that are mandatory subjects of
bargaining shall be subject to the grievance and arbitration procedure); to enforce and alter those
provisions covered under the Village of Buffialo Grove Personnel Rules, to enforce and alter those
provisions covered under the Village of BUtfalo Grove Personnel Rules;to evaluate employees; to
discipline, suspend, and discharge employees 6017JUSt cause in accordance with applicable Rules,
Regulations, and Laws; to cliange or eliminate existing methods, equipment or facilities; and to
carry out the mission of the Village; provided, however,that the exercise of any ofthe above rights
shall, not conflict with any of the expressed. written provisions of this Agreement.
Section 3.2 Contracting Out
If Subcontracting is a factor in the decision not to hire additional Village employees and/or
a decision to lay off any existing employees as sworn police officers, the Village will give the
Union at least ninety (90) days' advance notice of the effective date of the decision. 'The Village
wi 11 bargain over the impact and effects of the issue with the Union as required by law.
Section 3.3 Precedence of Agreement
H'there is a conflict between a specific provision ofthis Agreement and a specific provision
of Village ordinance or a written rule, regulation, directive, policy, or procedure which may be in
ell'ect frorn tirrie to time, the specific provislon(s) cif this Agrecinent will take precedence during the
term ofthis Agreement. The only exception is if'reqUired by law.
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ARTICLE IV
Section 4.1 Safety Committee
The Village and the Union recognize the importance ofinaintaining a Village-wide Safety
Committee where the Union is able to address safety issues within the Department and to promote
the safety, welfare and physical well-being of all Police Department personnel.
Section 4.2 General Orders/Guidelines Task Force Committee
Effective with this Agreement, The Police Chief may establish a General Order(GO) Task
Force. The purpose ofthis Task Force will be to complete the review of the current GO manual.
The (joj'ask Force also has the responsibility to make any recomniendations to the Police
Chief for changes in the GO manuals as necessary but is only in the form of recornmendations and
may or may not be accepted by the Police Chief. Once this is complete, the task force will remain
idle until such time the Police Chief deems it necessary to activate them for the purpose of a
particular (10 review. At no time will the GO Task l"orce be charged with the review or
consideration ofGO's that involve mandatory subjects of bargaining.
Section 4.3 Labor-Management Committee
The Village and Union recognize the need to COITIMunicate on a regular basis throughout
the term of this Agreement. In order to facilitate an open and candid exchange of information, a
Labor-Managcment Committee will be the foruni for these communications. 'the purpose of the
Committee is to establish a regular pattern of meetings to discuss issues of mutual concern.
The Labor-Management Committee may be comprised ofthe following:
For the Village -- Police Chief, Deputy Chief. Commanders, Village Manager, and
Director of Hurrian 1�esources,,
For the Union — Union President, Vice President, Sergeant at Arms, and three Shift
Stewards (or other Union designees).
The Committee shall meet at least four (4) tirnes in:, a calendar year unless the parties
mutually agree to meet more or less. If"any Labor-Management Committee meeting is scheduled
during work hours ol'an ernployce, SUCh designated committee members shall be released from
duty to attend such meeting without loss of pay.
Section 4.4 Promulgation of New or Revised Rules
The Police Department agrees to notify the I.Jifion in advance of promulgating or
implementing any new or revised rules and regulations or Board of Fire arid Police Commissioners
rules and regulations which constitute mandatory subjects of bargaining within the incaning of the
Illinois Public Relations Act. Such notice shall be afforded sufficiently in advance of the purpose
and effective date of the proposed change to allow the Union a fair opportunity to review and
bargain over the impacts and effects oll the proposed change. Knot objected to within thirty (30)
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...........................................- ................. ..........
days of the Union having written notice of changes to rules or regulations,those particular changes
will be deemed to be reasonable.
Section 4.5 Return to Work After Illness/Injury
All employees returning to work after lrlJury or illness situations, whether they are duty or
non-duty related for a period of three (3) or more consecutive shifts, must present a Duty Status
Report from his/her physician before returning to work. It is the responsibility of the employee to
deliver the Duty Status Report directly to the treating physician. If an employee is hospitalized,
the employee (or designee if incapacitated) should notify the Chief of Police immediately.
Any employee who receives a prescription for a controlled substance must report this fact
to their supervisor and the Chief of Police if used or Linder the influence of the prescription during
working time.
If there is any question concerning a police officer's fitness for duty, or fitness to return to
duty following a layoff, illness or injury, the Village may require, at the Village's expense, that a
police officer be examined by a qualified physician and/or other appropriate medical professional
selected by the Village to determine if the officer can safely perform all of his/her essential job
functions (either with or without a reasonable accommodation, if disabled). The foregoing
requirement shall be in addition to any requirement, pursuant to the terms of this Agreement that
a police officer provides a written statement from his own doctor upon returning to work from sick
or injury leave. If the Village's examining physician./inedical professional determines that a police
officer is not fit for duty after receiving the result of any examination or test,the Village may direct
appropriate remedial action and/or place the officer on sick leave, or unpaid leave if the officer
does not have any unused sick leave time, or paid administrative leave if appropriate.
If the officer disagrees, with the Village's examining physician/medical professional's
determination, that officer may, at his own expense, provide the opinion of a physician/medical
professional of his/her choosing. Should the employee's physician/medical professional disagree
with the Village's physician/medical professional, and the Village refuses to adopt the findings
made by the employee's physician/medical professional, the Union and Village will jointly select
a physician whose decision will be determinative of the matter. If the employee is returned to duty
based upon the employee's, and/or jointly selected, physician/medical professional, the employee
will be made whole for any and all time on leave that was unpaid.
Section 4.6 Drug and Alcohol Testing Policy
The Parties agree to establish a committee comprised of an equal number of bargaining
unit members and management for the purpose of attempting to simplify the language of the
existing drug/alcohol policy applicable to all Village employees. The parties intend that the
concepts in the existing policy will remain in effect but nothing in this Section will require
either party to agree to any proposal or concession relative to this Policy. Until and unless a
revised policy is agreed upon by this committee and ratified by authorized representatives of
both parties, the Village's existing Drug and Alcohol policy will remain in effect.
4
The Employer may not take adverse employment action against an employee based solely
on the lawful possession or consumption of cannabis, or cannabis infused substances, by people
who reside in the employee's household other than the employee.
Section 4.7 Performance Evaluation Plan►
The Village and Union recognize that the Performance Evaluation Plan is a vehicle
intended to measure and evaluate on-the-job performance. For the purpose of annual evaluations,
each employee will be required to provide an annual milestone/recap statement of his individual
performance forty-five (45) days prior to the April evaluation period (with issuance of the
evaluation during June). The employee shall receive a final copy of the evaluation no more than
45 days after the evaluation is issued in June.
If an employee has a disagreement with his/her evaluation, the first step of review will be
at the level of the employee's immediate supervisor. If the immediate supervisor cannot resolve
the disagreement, the next step will be to have the employee's Unit Supervisor(e.g., Lieutenant or
Commander) review the evaluation. If at that step the employee's disagreement is not resolved the
employee may then appeal to the Police Chief in conjunction with the Director of Human
Resources, If the employee's disagreement is not resolved at this level, the employee may then
meet with the Village Manager as a final step of appeal. The findings of the Village Manager will
be deemed the final resolution and his findings may not be grieved. All final resolutions,no matter
at what level will be in writing.
For the first and second step of this process the time frame allotment will be fifteen (15)
days for the appropriate level or response. For the remaining steps the time frame will be twenty
(20) days for the appropriate response. Days are counted as business days, Monday—Friday.
All goals and objectives given by a supervisor will be realistic, attainable, and discussed
with the employee. Goals that are mandated by the department will be supported or funded by the
department.
If the Village changes the toot used to measure or evaluate performance, the Village will:
(a) provide the Union with thirty (30) days" prior notice before implementation, and (b) when
required by law, provide the Union an opportunity to bargain over the impacts and effects of the
change(s) prior to implementation.
The Union agrees that its membership is committed to excellence in carrying out the duties
and mission of the police department and the Union executive board agrees it has a duty to address
substandard performance among its members.
Finally, the parties agree to meet and discuss in good faith the concept and parameters of a
"pay for performance" evaluation program in the event such a program is adopted and implemented
for non-represented employees of the Village. Nothing in this final paragraph of Section 4.7 will
require either party to agree to any concession or improvement relative to this issue.
5
Section 4.8 Sec!ondai-y Employment
Eli-riployees may engage in Btra-Duty or other secondary employment which has been
authorized by the Chief'. The Chief may deny or cancel permission for an employee's Extra Duty
Assignment,- but, Such denial or cancellation will not be arbitrary or capricious. On an annual basis,
employees who perform outside employment pursuant to this Section must submit and comply
with the terms ofthe Departnient's Secondary 11"mploynient Approval and Notification Form and
the Village's Secondary 11 I'niployment Indemnity Agreement (where applicable liar Extra Duty
Assignments). as, set forth in Appendix 13.
Employees who, are employed by another municipal police department, municipal law
enforcement agency or other public or private employer, where personnel function as a police
officer or have law en,14rcernent responsibilities as part of their secondary employment, are
considered to be involved in "F xtra Duty" secondary employment activities. Those employees also
agree that: (a) scheduled Extra Duty tinie will be submitted for approval by the Chief monthly on
the first duty day of each month (changes that occur after that will be submitted through Chief)
(b) the employee's schedule is subJect to approval of the Chief to ensure that it does not interfcre
with the operations of the Village or the Department; (c) employees will comply with the
applicable rules and policies governing consecutive hours worked; and (d) employee must have a
minimum of eight (8) consecutive hours of documented time off prior to reporting for any shift
assignment., overtime or any other special duty for the Department.
Section 4.9 Safe Driving Incentive
Any member who is not involved in an on-duty, chargeable traffic crash for a twenty four
(24)month consecutive period shall be granted eight(8)hours of compensatory time added to their
bank annually.
Section 4.10 Officer Involved Shootings
I. The Union agrees its members shall be required to abide by the Employer's General
Order regarding "Deadly Force Incident Procedure, including the Section requiring each offlicer
%vho is involved in an officer involved shooting to submit to drug and alcohol testing, so long as
such testingis required by Public Act 100-389 or any similar State law.
1
1 For the purpose ol" clarity, the parties agree an officer "involved in" an officer
involved shooting is dclincd to, nican any officer who discharged a firearm thereby causing injury
or death to a person or persons. 11' multiple officers discharged their firearms, and it is unclear
whose bullet struck the person or persons, then all officers who discharged their firearm in the
direction of the subject shall be required to submit to drug and alcohol testing.
3. The parties agree the terin, "involved in" an officer involved shooting does not
include oflicers who did not discharge their weapon, even if they were providing other forms of
Support and assistance during the call. Nor does the term "involved in" include officers who
discharge their weapons when it is undeniably clear their projectiles did not actually strike any
person or persons,
6
4. 'Fhe parties agree the provisions of'the Collective Bargaining Agreement regarding
drug testing and standards for discipline shall regulate the drug testing procedures and the
consequences for any positive drug test results.
5 The parties agree any drug or alcohol test required pursuant to this Agreement shall
be considered a compelled, non-voluntary drug or alcohol test under threat of disciplinary action.
Such testing normally will be done by Urinalysis, flowev,cr, blood tests shall only be adn'kistcred
at the directive of the Department with either a warrant or with consent of the officer. This does
not limit the Employer's right to obtain test results via other available legal processes. The samples.
testing,, and results shall only, be used for internal admit-iistrative purposes.
6. The Employer will not share any, test samples or results of testing with any entity
or person except if required by law,
7. Investigations regarding an OIS will be conducted in accordance with Buffalo
Grove Police General Order W-01 (issued and effective December 1, 2018 )(attached hereto
as Appendix Al.). In the event of a conflict between the General Order and the CB.A, the CBA
will prevail.
8. Officers will only answer "public safety questions" under threat of "disciplinary,
action up to and including termination", as in the past.
ARTIC,I LE V
Section 5.1 No S moking
Employees covered under this Agreement shall restrict their smoking to the designated
smoking areas and refrain from smoking in Village vehicles. in accordance with state law, Village
ordinance, and all applicable General Orders.
Section 5.2 Residency
There will be no residency requirernents fear employees covered Under this Agreement
during the term of this Agreement.
7
ARTICLE VI
Section 6.1 Salaries
Police Patrol Officer Effective January 1, 2022 through December 31, 2022:
Starting 299 S 76,044,80
1 310 S 80,,355,84
2 321 $ 84,886,08
3 3 ,650.08
4 343 $ 94.706. 6
5 4 100,048M
6 365 105,691.04
7 377 112,20936
For purposes of establishing raises for this Agreement only, the following formula will be
used to detennine wage increases: effective January 1, 2022, the parties agree to place the
maximum base pay for police officers at the one-half' percent (�/2%) step (per the Village's
established step plan) above the third highest paid agreed upon comparable C01111"IlUnity prior to
the Village's position being Included, for future comparable studies, For purposes of deterrilining
the salaries of job titles within the bargaining unit, fear the dUration, of this Agreement, longevity
pay, (based oil officers with at least fifteen (15)years of completed service)and applicable stipends
shall be added to the base salaries ofall comparables, as well as those of the Village. Only stipends
that are given to all officers with at least fifteen (15) years of experience shall be applied in the
formula,
For the put-pose of determining the general wage increase of comparable communities who
have not yet resolved their Jarnuary I to December 31 that impact the year both parties, are
bargaining wages, the parties shall calculate and apply the average of`the actual general wage
increase and above referenced stipends granted by the comparable COnlInUnities from January I to
December 31. This same process will be used for C01111TILlIntiCS who have not resolved wages for
years prior to the year parties are bargaining.
The parties, agree the following communities (listed in alphabetical order; riot the order to
be used in the 1101-1111,11a) will be used in the lormula referenced in tills Section:
1. Elk Grove Village
2. Glenview
3. Gurnee
4. Highland Park
5, Hoffman I 7states
6. Morton Grove
T Mt. Prospect,
8. Mundelein
8
9. Niles
I O. Northbrook
I I. Park Ridge
11 Rolling Meadows
11 Wheeling
14. Wilmette
It is understood and agreed to by the parties that the general wage increase for calendar year 20�22
shall be two and one half percent (2,50%) based on the formula set forth above in this Section 6.1.
The general wage increase for calendar year 2023 will be computed based oil this same formula
set ftirth in Section 6.1 as done in prior years.
Section 6.2 Specialty Pay
In addition to the annual wages, employees who are serving in tlie following specialties
shall receive specialty pay in the prescribed amounts listed below:
Evidence Technician LI'vidence Technicians shall, receive an additional eight and a half
(8.5) hours ofpay on a quarterly basis fior a total of thirty-four (34)
hours annually,
Field Training Officers Officers, assigned to perform FTO duties shall be paid $5.00 per
hour 1br all time that duty is performed in addition to their regular
salary.
Officer-In-Charge Officers assigned to ' r'atch Commander or f,'Icld Supervisor duties
shall be paid $1.50 per hour far all tirne that duty is perfornied in
addition to their regular salary, This responsibility shall be offered
on a seniority basis.
Canine Handler To compensate for at home grooming, 'feeding, and training of the
canine, the handier will be credited or working thirty (30) minutes
of canine care tirne for each full duty day.
On the Canine handler's days off, or approved leave request. the
handler will be compensated one (1) hour for each day to properly
train, feed. and groom the canine, unless the canine is boarded. This
compensation (on day ofl) shall be at firric and one-half and be paid
in the form of overtimeor compensatory time, at the discretion of
the Department. Canine Handlers will be allowed to accrue four
hundred eighty (480) hours of compensatory tinge.
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Crisis Intervention Officers who have been fully certified to have successfully
Team Training completed the 40-hour Crisis Intervention Team ("CIT") training
program (including all applicable testing and refresher requirements
that apply from time to time as determined by the Employer) will
receive an annual stipend in the amount of Four Hundred Dollars,
($400). This training team stipend is payable to those eligible
during the first payroll period of each calendar year. Employer will
make CIT training available to all employees at no cost to the
employee.
Night Officers Officers assigned to the night shift shall receive an additional eight
and a half(8.5)hours of pay on a quarterly basis for a total of thirty-
four (34) hours per year. Officers will be paid an additional $1.00
per hour worked on the night shift.
Investigators Officers assigned as Investigators shall receive an additional eight
(8) hours of pay on, a quarterly basis for a total of thirty-two (32)
hours per year.
NIPAS Assignment Officers assigned to the Mobile Field Force & EST will be allowed
to accrue four hundred eighty (480) hours of compensatory time.
Traffic Unit Officers assigned to the Traffic Unit (including the full time Truck
Enforcement officer) shall receive an additional eight (8) hours of
pay on a quarterly basis for a total of thirty-two (32) hours per year.
All officers shall attain/maintain the appropriate certification(s)
throughout the quarter to be eligible for this stipend.
Section 6.3 Hour's of Work and Overtime
A. Overtime hours shall be:paid at one and one-half(1.5)times the employee's regular straight
time hourly rate of pay. An employee's regular straight time hourly rate of pay for overtime
pay purposes shall be computed as follows: (Annual. Rate/ 2080 X 1.5)
B. Employees will be compensated at the one and one half(1.5) time rate when. required to
work any time outside of their regularly scheduled shift unless otherwise stated in this
Agreement.
C. Hire backs for any actual contractually designated Holiday on list indicated at Section
7.1 (not observed) shall be paid at two (2) times the employee's regular straight-time
hourly rate of pay.
D. In addition to the provisions described above, employees shall be paid one and one-half
(1.5) the employee's regular straight time hourly rate of pay for regularly scheduled hours
of work which are actually worked in excess of one hundred and seventy-one (17 1) hours
in the employee's normal twenty eight (28) day work cycle (or in excess of the applicable
hours ceiling under the Fair Labor Standards Act should the Village designate different
FLSA employee work cycles in accordance with the Fair Labor Standards Act).
10
L In lieu of'overtime payment(s), employees may elect to be granted compensatory time off,
Such compensator), time may be accumulated to a maximum of one hundred twenty (120)
hours, Once an employee reaches the maximum amount of compensatory time,all overtime
will be paid at the one arid one half(1.5) time rate. Employees may submit requests for
compensatory time off at their discretion.
F. Hours worked for purposes cal calculating eligibility for overtime includes actual hours
worked, sick time, vacation time, compensatory time, personal holidays., and all other
paid benefit time,
G. Compensatory time banks will not be allowed to have a deficit balance.
1-1. Compensation shall not be paid or earned (or compensatory time accrued) more than
once for the Sarnic hours under any provision of this Agreement. The intent of' this
paragraph is not to prevent an offlicer from working overtime while on scheduled
vacation or other approved berreflit time off. As an example, however, an on-duty
officer may not utilize benefit time during the shift to qualify as off-duty for purposes,
of collecting Court finie. At the same time, if an employee works he will not lose any
benefit time that he was approved to use during those hours worked.
Section 6.4 Training Overtime
A. Employees attending shift or proficiency training during the employees' off duty hours will
be credited with no less than three (3)hours of overtime, unless their activities are an actual
extension Of their tour ofdUty.
B. Employees attending a full day of training (e.g_ NEMRT, NIPAS) will have their
schedule ad'jUsted and will be placed on a training day for this purpose. The employee
normally will receive an alternate full day off on a day that is selected by the employee
with approval of the supervisor (which approval will not be unreasonably withheld) on
a day that falls prior to the end of the next pay period.
C if the alternate day cannot be scheduled pursuant to Section 6.4(B) above, the employee
will receive overtirne compensation for (lie training time up to a maximum of eight (8)
hours.
Section 6.5 Longevity
1.1."ni,ployees shall be eligible lor longevity pay beginning with the fifth (5th) anniversary of
their original employment date. Longevity awards will be presented on the employee's
anniversary date according to the following schedule and are subject to deductions:
Years of Service Award
5 through 9 $400
10 through 14 $600
15 through 19 $800
20 or more $1,000
Section 6.6 Call Backs & Court'Firne
In order to allow for an equitable distribution of call backs amongst the members, a call
back list shall be maintained by each patrol shift. At the beginning of each year, all members oil
the shift shall be placed on a list in order of Department seniority. When the Department has at
least twenty four(241 hours' notice of the need to fill a position, members shall be contacted in the
order of the I i st, once a member accepts a call back, they shall rotate to the bottom of tile call back
list, The call back list shall be exclusive of count time requirements. All call backs shall be paid at
the applicable overtime rate for a minimum of two (2) hours.
Any officer who is, required to attend court Gaff duty shall be compensated a rnininiuril of
three (3) hours at. the overtime rate, When there is less than twenty four (24) hours' notice to the
Department of the need to fill a position, whenever practicable, shift overtime will be scheduled,
on a voluntary basis. offered first to those working (oil a seniority basis) when the overtime
vacancy occurs. If the shift overtime is not filled it shall be offered then to those employees
('Currently oft'duty) on a seniority basis,
'I'lie Department will notify officers ofovertinle using the procedures below:
1. For vacancy less,than 24 hours away:
a. Contact officers working in patrol, traffic and those working in their offices
via phone or face-to-flace and award to most senior officer.
b. If those who are, working in patrol or traffic (point I(a) decline), contact all
other officers via a scheduling software alert and award open shift with most
senior officer interested after I hour has elapsed (or as soon as practical
after I hour has elapsed),
C. The awarded officer's position oil the C13A overtime rotation list should not
be changed when the vacancy is less than 24 hours, away.
1 For Vacancy between 24 and 48 hours away.
a, Contact officers via a scheduling software alert and award using C13A
rotation list in 12 hours
b. The awarded officer's position on the CBA overtime rotation list should be
adjusted when the vacancy is between 24 and 48 hours away.
1 for Vacancy more than 48 hours away:
a. Contact eligible officers via, a scheduling software alert and award open
shift using CBA overtime rotation list in 24 hours
b. The awarded officer's position on the CBA overtime rotation list should be
adjusted when the vacancy is more than 48 hours away.
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If forced shift overtime becomes necessary, an ernployee (on inverse seniority basis) who is
working shall be ordered to stay to fill the vacancy l'or all or part of the shift as deemed appropriate
by the Chief(or designee).
Section 66.7 Health, Dental, Vision & Life Benefits
The Village shall grant employees covered by this Agreement. except as specifically and
expressly limited by this Agreement:
Health Insurance Benefits:
I Eligible employees who elect Health Insurance coverage for the Fniployee (and/or
any eligible dependents) will continue to pay as premium contribution amount equal
to fifteen percent (15%) ofthe prC11141111 Costs for that class of'coverage,
2. There, will, not be any financial contribution required for eligible employees to
participate in the dental or,vision component ofthe group health insurance program.
3. The Village will maintain the :structure of the plans that were in,effect as of January
1, 20,18 (with no l"PO B plan as agreed),
4, All employee prerniurn contributions will autornatically be taken OUt Of an
employee's check on a pre-tax basis via Scction 125 of the internal Revenue Code.
This means that employees will not pay taxes on the premium contributions.
5, Nothing set forth herein shall prohibit the right of' the Village to obtain other
hospitalization and major nwdical benefits or change such benefits under a
different program or with a different insurance company (including self-
insurance). provided the basic level of coverage and benefits are substantially
similar, The Village will notify the Union, in writing, ofany proposed changes in
the basic level of coverage and/or benefits. SUbJect to the terms of this Agreement,
and only if the plan is substantially similar to the benefits currently received, the
Village may include covered members in the same plan as other Village
employees.
Dental Insurance Benefits:
Employees may elect to participate in any dental insurance program for themselves and their
dependents which the Village off3ut"Ialo Grove has provided to Village employees generally,
The Village shall be responsible for one hundred percent (100%) of the costs of such dental
insurance for the employee and any eligible dependents who are covered.
Vision Insurance-
Employees may elect to participate in any vision insurance program for themselves and their
dependents which the Village of Buffalo Grove has provided to Village employees generally. The
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Village shall be responsible flor one hundred percent (100%) of the costs of'such vision insurance
for both employee and any eligible dependents who are covered.
Terms of'Policies to Govern:
The extent ofcoverage under the insurance policies,rcfQrred to in this Article shall be governed by
the terms and conditions set lorth, in said policies. Any questions concerning coverage shall be
resolved in accordance with the terms and conditions in said policy and shall not be subject to the
grievance procedure set forth in this Agreement.,
Group Term Life Insurance - No Employee Contribution
The Village will provide group Term lifle insurance to the employee at no cost to the
employee with a benefit equal to the employee's annual base salary (per 6.1
Section 6.8 Attendance at (r;rievance Meetings
Members will be granted leave to attend meetings, hearings, arbitrations, or matters
pending before a tribunal when that tribunal compels a rnember's attendance. Such leave will be
granted without loss of pay or benefits. Employees, subpoenaed by management to attend a
grievance meeting or arbitration hearing will be compensated at their applicable rate if the hearing
is scheduled during the employce's off-duty hours. On-duty personnel who are riot serving as a
[Jmon representative or technical assistant will only be given leave for the period of time,necessary
for them to travel and testify on the day in question., The Union will not abuse this right.,
Section 6.9 Uniform Allowance/Mai n ten ance
Officers covered by this agreement. shall receive a uniform allowance (which includes the
costs of' maintenance and cleaning) of One Thousand Dollars ($1,000) (pre-tax) annually. The
allowance is provided for the replacement or repair of uniform clothing and personal equipment
used in the course of their duties. No unifiort-ri allowance will be paid until the completion of one
year of service. All uniform allowance payouts will be on the first pay period of`the next fiscal
year. (For example, an officer hired in May 2022 will receive his/her first Uniform allowance
payment in January 2024.) Any niernbers hired after the first pay period in January 2022 will not
receive the 2023 stipend, but all other members will receive the stipend upon ratification, if they
have not already received it.
Section 6.10 Holidays
The Village shall observe the following holidays annually:
New Year's Day Martin Luther King, Jr. Day President's Day
Memorial Day Independence Day Labor Day
I
Thanksgiving Day Day after"I'hanksgiving Christmas Eve
Christmas
All members assigned to patrol or traffic shall be paid the regular hourly rate of pay fior
eight (8) hours for each observed holiday. All other employees who are not assigned to patrol or
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traffic shall receive their normal compensation for time off work on Village observed holidays if
the employee normally would be scheduled to work on that observed holiday. All members
assigned to patrol or traffic who work on the observed holiday shall be compensated at their normal
rate. Employees called in to work on an actual holiday, when not scheduled to do so, will be paid
pursuant to Section 6.3C.
Without any loss of pay, members assigned to investigations will not normally be
scheduled to work on holidays. If the investigator is,required to work on a holiday,the investigator
will receive pay pursuant to Section 6.3C. Employees shall receive one (1) floating holiday per
calendar year, said day to be scheduled so long as the selection of that shift does not drop below
the staffing, levels designated by management,
Section 6.11 Sick Leave
Employees covered by this Agreement shall be allowed sick leave on the basis of the
Following:
a. Employees shall earn ten (10) days of sick leave with pay credit annually. ']"his is
equivalent to eighty (80) hours annually.
b. F"'Imployees shall aterLIC sick leave at a rate of five sixths(5/6) of a day for each Full
month of employment,
C. Sick leave shall be credited in advance to the employee at the beginning of each
calendar year, effective, with tile second calendar year of employment.
d. Sick leave shall not be accrued while oil a discretionary personal leave of absence
(not required by law) without pay in excess of thirty (30) calendar days,
Section 6.12 When Taken
Sick leave with pay will be granted for absence from duty because of actual personal
illness., non-compensable bodily intjury or disease, exposure to contagious disease, to care for an
ill or inyjurcd member of the employee's immediate family,the birth of a new-born child, or to keep
a doctor's or dentist's appointment. Sick leave shall not be granted in cases where regular or
disability retirement has been approved.
For the purposes of this Agreement., immediate family members shall include,
husband., wife., civil union partner, son, son-in-law, daughter, daughter-in-law., foster child,
mother, mother-in-law, step mother, father, father-in-law, step father, brother, brother-in-
law, sister, sister-in-law, step children and grandparents of the employee or his/her
spouse/civil union partner.
When an employee finds it necessary to be absent for any of the reasons specified
herein, he shall report that he is using sick time to a supervisor. The employee is not required
to give any personal health information at this time. An employee is required to give Such
notification one (1) hour in advance of his, scheduled starting time. An employee is responsible
for making a daily report (based on duty day) thereafter for the duration of the illness or injury.
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A medical certificate may be required by the Department head for any absence lasting three
(3) or more consecutive shifts.
Section 6.13 Accrual
Employees may accumulate sick leave credit to a maximum of two thousand eighty(2,080)
hours.
Section 6.14 Accrued Sick Leave
Retiring employees are eligible to establish an employer sponsored Retiree Health Savings
(RHS) Plan. Employees will be eligible to apply their accrued sick leave based on the following
table:
Years of Service and Age at Retirement Percent of two-thousand eighty (2,080) Hours:
20 years of service And 41 years of age at retirement 27.5%
20 years of service And 42 years of age at retirement 30.0%
20 years of service And 43 years of age at retirement 3,2.5%
20 years of service And 44 years of age at retirement 35.0%
20 years of service And 45 years of age at retirement 37.5%
20 years of service And 46 years of age at retirement 40�.0%
20 years of service And 47 years of age at retirement 42.5%
20 years of service And 48 years of age at retirement 45.0%
20 years of service And 49 years of age at retirement 47.5%
20 years of service And 50-54 years of age at retirement 50.0%
21 years of service And 50-54 years of age at retirement 55,0%
22 years of service And 50-54 years of age at retirement 60.0%
23 years of service And 50-54 years of age at retirement 65.0%
24 years of service And 50-54 years of age at retirement 70.0%
25 years of service And 50-54 years of age at retirement 75.0%
26 years of service And 50-54 years of age at retirement 80.0%
27 years of service And 50-54 years of age at retirement 85.0%
28 years of service And 50-54 years of age at retirement 90.0%
29 years of service And 50-54 years of age at retirement 95.0%
30 years of service Or 55+years of age at retirement 100.0%
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The Retiree health Savings (RI-IS) Plan will be administered by the ICMA Retirement
Corporation and will allow employees to accumulate assets in order to pay medical and other
eligible expenses in retirement. "I'lie legal basis for an RIJS is currently based on Private Later
Rulings issued by the Internal Revenue Service which allow employers such as the Village to
establish such plans. The provisions, ofthis plan will be governed by documents executed by both
the Village and ICMA Retirement Corporation. The documents collectively corriprise the
Vantag,ccare Retiree I lealth Savings Plan. It is the intent of the Village to establish as separate plan
for the members of the Union.
The Village and I.Jnion will review and determine funding levels and formulas in
compliance with rules appropriate to the legal basis used to establish the plan and as set forth froin
time to time in the Village's Personnel Rules and as permitted under applicable tax rules or statutes
as adopted and/or amended. 1.�Imployees who elect to participate in individual contribution
programs may be subjected to all applicable rules,., including irrevocability of those contributions.
At a Millinh.1111, the Village will apply the value of accrued sick leave (Deposit Value) into
an employee's RI-IS Plan accountat retirement, Employees must apply the entire Value of accrued
sick leave to their plan aCCOUnt based on the following formula:
Deposit Value - - - - - - Number of sick leave hours (shifts) x Dollar hourly value.
The dollar value shall be equal to the lowest hourly rate (which includes Performance
Bonus) paid to all Village employees eligible to participate in the Plan as of January I st for
the calendar year in which the employee retires. The hourly rate will be applicable only for the
year so calculated. That hourly rate value shall be distributed to all Village employees after it
is calculated for the Current year.
On an annual basis (,January Ist through December 31st), employees will convert Lip to
sixteen (16) hours 0 full used sick time for deposit into their Plan account; providing that they have
completed one (I) year of vvork with no absences. Eight(8)hours will be converted if only one (1)
sick day is used.
Days converted for deposit into the plan account are subtracted from the employee's
accrued sick leave balance. Conversion ofthe LmUsed sick day shall riot be into vacation leave or
paid directly to the eniployce. The value of the conversion shall be equal to the employee's daily,
wage and not limited to the vvage assigned to the retirement funding value calculated above.
Employees wswhea leave the police department due to disability or death will receive the value
of their accrued sick leave under this plan as part of the RHS benefit.
S�ection 6.15 Li hit Du(v
An employee who is eligible for in ury or illness leave may be required and/or may
volunteer to work for an available, temporary light duty assignment that is consistent vvith
employee's medical restrictions. As a general rule, light duty work assignments will not exceed
sixty (60) calendar days except when work is available and constitutes a reasonable
accommodation for an employee with a disability. The actual length and type of light duty work
will be determined by the Police Chief in accordance with the business needs of the Village. Light
17
cluty assignments may be terminated based upon a lack of performance in relation to the assigned
Job or for other reasons deemed appropriate by the Chief.
These issues will be addressed on a case-by-case basis. Employees will only be required to
perform meaningful work, and will always be subject to the Police Department chain of cornmand.
A police officer will not be subject to discipline by a person outside of the sworn Police
Department chain of command. Should an employee disagree with the directives given by a
civilian, the employee may seek direction from his police supervisor who will resolve the dispute.
The Village will not assign an employee to work light duty when there is not a legitimate business
need to have such work perl"ormed.
Section 6.16 Vacation
A� Employees covered by the Agreement shall receive vacation leave credit according to the
following schedule:
1. 1 st partial year and first full calendar year oat`service:
After I month 8 hours
After 2 rrionths, 16 hours
After 3 months 20 hrs.
After 4 months 28 hrs,
After 5 months 36 hrs.
After 6 months 40 hrs.
After 7 months 48 hrs.
After 8 months 56 hrs.
After 9 months 60 hrs.
After 10 months 68 hrs.
After 11 months 76 hrs.
After 12 months 80 lirs.
2. 2nd full calendar year of"service: 88 firs.
I 3rd full calendar year of service: 96 his..4. 4th full calendar of service: 104 hrs,
5. Sill fall calendar year ofservice. 112 firs.
6. 6th-10 full calendar year of service: 120 lirs.
7. Ilth-I 4th Full calendar year of service- 136 hrs.
& 15th-I 9th full calendar year of service® 160 firs.
9. 20th— 24th I"Lill calendar year of service: 184 hrs.
I O�, 25th (and after) full calendar year of'scrvice: 200 hrs.
18
B. Employees shall accrue paid vacation credits on a monthly basis. Vacation leave shall be
credited in advance to the employee at the beginning of`the calendar year, effective with
the second (2nd) calendar year of`service and shall be prorated based upon the number of
full months worked by the employee. Employees must complete six (6) months of service
before being entitled to take vacation leave, unless otherwise approved by the Chief of
Police and provided a loan agreement/vacation advance agreement is entered into ,"rith the
employee concerning the repayment of the time once carried. Vacation leave, shall not be
accrued or earned while: on leave of absence without pay.
C. Earned vacation days shall normally be taken within the year they are earned. A
maximum offorty (40) hours may be carried over to the next twelve (12) month period
with prior approval by the thief or his designee. Any amount in excess of forty (40)
hours shall be forfeited unless Specifically authorized by the Village Manager or his
designee Lip to a iiiaximurn of eighty (80) hours. All hours carried over must be used by
June 30 of the folloNving year otherwise they will be forfeited.
1). Vacation leave schedules shall be approved by the Police Chief or his designee consistent
with the operational needs of the Police Department. Vacation requests will be accepted for
the upcoming year afterthe Shill bids are posted on November 15th. In the event ofa conflict
between two (2) or more officers' request for vacation, seniority shall be the determining
factor until March 3 1 st. As of April I st, vacation shall be granted on a first corne, first serve
basis.
L,'- Employees leaving the Police Department shall be compensated for vacation leave earned
and unused through the date of separation or resignation (regardless of reason). Annual
vacation leave entitlements at the tirne of separation or resignation shall be prorated based
on the time worked by the employee in the calendar year. Vacation leave in excess of that
carried will be deducted from the employee's final paycheck, subject to the provisions of'
the Illinois Wage Payment and Collection Act. In, the event of separation due to death of
the employee, compensation normally will be made to the employee's beneficiary or estate
as provided by law.
Section 6.17 Shifts or Watches
The Bullalo, Grove Police Department will maintain three (3) shifts or watches they are:
Day Watch which is 0630 hours to 15010 hours,
Evening Watch which is 1430 hours to 2,300 to hours. and
Night Watch, which is 2230 hours to 0700 hours.
The Village shall maintain permanent shift assignments, to staff each watch based upon
their seniority and assigned specialized duties (e.g. evidence technicians, FTO, etc,), U'lach October
I st, officers will bid for shifts for the upcoming calendar year. Final shift rosters for the upcoming
year shall be posted no later than.November 15th, Assignments to shifts will be determined by the
Police Chief, however final shift selection shall not be arbitrary or capricious but rather based on
the factors stated herein.
19
Probationary officers will be subject to, rotating shifts in three (3) month intervals during
the six (6) month period after release from FTO training. The Employer agrees that this will not
result in reassignment of a senior officer during this six (6) month period.
Section 6.18 Work Schedules
The regular work schedule for members assigned to patrol shall consist of a rotation of five
(5) consecutive days on duty tollowed by two (2) consecutive days off' duty., then live (5)
consecutive days on duty followed by three(3)consecutive days off'duty. This schedule will repeat
itself, Each regular workday shall be eight and one half(8.5) hours in duration, including thirty
(30) minutes paid lunch and two (2) paid Fifteen(15)minute work breaks with the officer available
to respond to an emergency ifneeded.
While it is understood that Patrol Officers work an eight and one half'(8.5)hour day, benefit
time will be charged at an eight (8) hour rate.
The 5/2 - 5/3 schedule pf0dUCCS only two-thousand-sixty-eight (2,068) hours of'work per
twelve (12) month period. Fmployees will not be required to pay back the twelve (12) hours owed
to the Village. It is understood that each employee will be assigned one (1) eight (8) hour
Administrative day (A-day) per year, to be scheduled during the annual Buffalo Grove Days
festival, a training day, Shift Proficiency Training, or during Range L)ays, If Buffalo Grove Days,
a training day(s), Shift Proficiency Training, or Range Day (s) falls(s) during the two (as opposed
to three) regular days off portion, of the member's regular schedule, the A-day will be worked at a
mutually agreed upon time.
Officers assigned to the Traffic Unit shall report for duty for either of the following shifts,
unless the Traffic Sergeant designates a different forty (40) hour schedule based upon legitimate
business needs:
06 00 through 160,0
0900 through 1900
Officers assigned to the Investigation Section shall work four (4) ten (10) hour days
Monday through Saturday. Officers working in this Section may work five(5) eight(8)hour shifts
Monday through Saturday with tile approval oftheir supervisor. Metilbers, working in FOSG will
be regularly assigned to a reoccurring ten (10) hour shift With a start time no later than 1200 and
no earlier than 0600. This mcniber's regular schedule may be changed as long as the affected
member(s) receive seven (7) days' advance notice prior to the change (or as agreed to otherwise),
The School Resource Officers and Police Liaison Officer will work five (5) eight (8) hour
days Monday through Friday when school is in session. Officers working in this division may
work four(4)ten(10)hour days when school is not in session with the approval of their supervisor.
Some emergency situations may require implementation ofa modified work schedule and
changing assignments. In the event of such emergency, notice will be given to the union, along
with a good Idith estimate of' how long the modifications will be in place for. Modified work
schedules will not last any longer than thirty (30) days in a calendar year,,
20
I
Section 6.19 Changing Days Off
1,,'n,iployees who wish to exchange days off of work for one another must work back for the
person with whom they exchanged the shifit within the same work period of the same calendar
Fear, unless approved in advance by the officer's supervisor. All exchanges must be documented
in the remarks Section of the Daily Attendance Record and approved in writing by the officer's
supervisor.
Section 6.20 Breaks, and Lunches
All employees shall be entitled to a one half(1/2) hour lunch period and two (2) quarter
(1/4) hour break periods each shift subject to calls received and the needs of the Department.
ARTICLE VII
Section 7.1 Grievance - Definition
A "grievance" is,delined as a dispute or difference of'opinion raised by an employee or the
Union against the Village involving in alleged violation of this Agreement. Such grievances may
be filed by the employee. or Union. The Union may file joint, group, or class action grievances on
behalf oftwo (2), or more employees, or the Union as whole.
Section 7.2 Procedure
The parties acknowledge that it is usually most desirable for an employee and his
immediate supervisor to resolve problems through free and informal communications, If, however,
the iril'orn-tal process,does not resolve the matter,the grievance will be processed as follows unless,
by mutual agreement in writing, the parties waive one or more of the aforementioned steps'.
STEP 1: The grievance will be submitted in writing to the immediate supervisor
specifically indicating that the matter is a grievance under this Agreement. The
grievance shall contain a statement of the facts, the provision or provisions of this
Agreement which are alleged to have been violated, and the specific relief
requested, and the signature of the grievant and/or tJnjon representative. All
grievances must be presented no later than tell (10) calendar days from the date of
the discovery of the matter giving rise to the grievance.
The immediate supervisor shall render a written response to the grievant within
ten (10) calendar days
STEP 2: If a grievance of a member is not settled at Step I and the Union or grievant wishes
to, appeal the grievance to Step 2 of the grievance procedure, it shall be submitted
by the Union in writing to a Lieutenant or Commander within ten (10) calendar
days after receipt of the Village's answer in Step 1. The Lieutenant or Commander
shall investigate the grievance and. in the course Of Such investigation. shall offer
to discuss the grievance within seven (7) calendar days with the grievant and the
Union. I f no settlement of the grievance is reached, the Lieutenant or Coirri-nander
21
or his designee shall provide a written answer to the grievant and the Union within
seven (7) calendar days following the meeting.
STEP 3: If a grievance of a member is not settled at Step 2 and the Union or grievant wishes
to appeal the grievance to Step 3 of the grievance procedure,, it shall be submitted
by the Union in writing to the Police Chief within seven (7) calendar days after
receipt of the Village's answer in Step 2. The Police Chief (or designee) shall
investigate the grievance and, in the course of such investigation, shall offer to
discuss the grievance within seven (7) calendar days with the grievant and the
Union. If no settlement of the grievance is reached, the Police Chief or his
designee shall provide written answer to the grievant and the Union within seven
(7) calendar days following the meeting.
STEP 4: If a grievance is,not settled at Step 3 and the Union wishes to appeal the grievance
to Step 4 of the grievance procedure, it shall be submitted by the Union in writing
to the Village Manager within seven(7)calendar days after receipt of the Village's
answer in Step 3. Thereafter, the Village Manager, or his designee, and other
appropriate individuals as desired by the Village Manager, shall meet with the
grievant and Union representative(s) within seven (7) calendar days of receipt of
the Union's appeal. If no agreement is reached, the Village Manager or his
designee shall submit a written answer to the grievant and the Union within seven
(7) calendar days following the meeting.
Section 7.3 Arbitration
If a 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 within twenty-
one (21) calendar days of receipt of the Village's answer as provided to the Union at Step 4. A
grievance is deemed advanced to Arbitration when the Union provides written notice to the Village
Manager of its intent to have the matter resolved by an Arbitrator.
A. The parties shall jointly request the Federal Mediation and Conciliation Service to submit
a panel of seven (7) Arbitrators who maintain an office in Illinois, Wisconsin, Iowa, or
Indiana. Each party retains the right to reject one (I)panel in its entirety and request that a
new panel be submitted.,
Each party also retains the right to request that the panels submitted for any given case be
limited to members of the National Academy of Arbitrators. Both the Village and the Union
shall alternately have the right to strike one (1) name from the panel. A coin toss will
determine which party will strike the first name; the other party shall then strike a name.
This process shall continue until one(1)person remains,this person shall be the Arbitrator.
B. The Arbitrator shall be notified of his/her selection and shall be requested to set a time and
place for the hearing subject to the availability of Union and Village representatives.
C. The Village and the Union shall have the right to request the Arbitrator to require the
presence of witnesses at the hearing and the production of documents prior to hearing.
The Village and the Union retain the right to employ legal counsel at their own expense.
22
D Unless otherwise agreed to by the parties, the Arbitrator shall submit his/her decision in
writing within thirty (30)calendar days following the close of the hearing or the submission
of briefs by the pat-ties, whichever is later.
E, More than one (1) grievance may be submitted to the same arbitrator ",here both parties
mutually agree in writing.
F. 'Hic Ices and expenses of the Arbitrator and the cost of a written transcript, if ally, shall be
divided equally between the Village and the Union; provided, however, that each party
shall be responsible for compensating its own representatives and witnesses.
Section 7.4 Limitations (fin, Authority of Arbitrator
The arbitrator shall have no right to amend,modify,nullify,. ignore, add to or subtract fi-orri
the provisions of this 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 ofthis Agreement. The Arbitrator shall be empowered to determine the issue raised by
the grievance as SLIbirnued in writing at the first step and 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 applicable Federal or State law, Any decision
or award of the Arbitrator rendered within the limitations of this Section shall be final and binding
upon the Village, Union and the employee(s) covered by this Agreement.
Section 7.5 Time Limit For Filing
No grievance shall be entertained or processed unless it is submitted at Step I within ten
(10) calendar days, after the discovery of the event giving rise to the grievance. If grievance is
not presented by the ernployce/Union within the time limit set forth above, it shall be considered
waived and may not be further pursued. Such waiver shall. not serve to waive the Union or the
employee's right to file a future grievance involving similar facts and circumstances.
Ifa grievance is not appealed to the next step within the specified time period, or within an
approved, written extension thereof, it shall be considered rvithdravvn.' provided, however, that
such settlement shall not serve to waive the Union's or employee's right to file a Riture grievance
involving similar facts and Ci I-C Urn stances. If the Village does not answer a grievance or an appeal
thereof within the specified time limits, the grievance will automatically be advanced to the next
step.
,I'he parties may, by Mutual written agreement, extend any of the time limits set forth in
this Article.
Section 7.6 Miscellaneous
No action., statement, agreement, settlement or representation made by any member of the
bargaining unit shall irnpose any obligation or duty or be considered to be authorized by or binding
upon the Village unless and until the Village has agreed thereto in writing.
23
ARTICLE VIII
Section 8.1 No Strike
Neither the Union nor any officers, agents or employees covered by this Agreement will
instigate, promote, sponsor, engage in or condone any strike, sympathy strike, slow-down, sit-
down, concerted stoppage of`work, concerted refusal to perform overtime, concerted, abnormal
and Ullimproved enforcement procedures or policies or work to, the rule situation. mass
resignations, mass absenteeism, picketing, or any other intentional. interruption or disruption of the
operations of the Village. regardless of the reason for so doing. Additionally, no employee shall
refuse to cross any, picket line to perform his/her job duties, by whomever established.
Any or all employees who violate any of the provisions of this Article may be discharged
or otherwise disciplined by the Village. Nothing in this Article will limit the F'mployer's right to
legal or injunctive relief in the event of a.violation of this Section.
Section 8.2 No Lockout
The Village will not lock out any employee during the term of this Agreement as a result
of a labor dispute with the Union.
ARTICLE IX
Section 9.1 Discipline and Discharge/Investigations
Disciplinary actions instituted by the Village shall be for reasons based upon an.employee's
failure to fulfill his responsibilities as an employee. Where the Village believes,just cause exists
to institute disciplinary action it shall have the option.,, consistent with the principles of timely
progressive discipline imposed for the purpose of encouraging corrective employee action, to
assess an. appropriate penalty which include the following penalties:
Oral Reprimand;
Written Reprimand;
Suspension, or
Termination.
Any disciplinary action or measure, other than an oral and written reprimand imposed upon
an employee shall be subject to review and appeal as provided for in this Agreement. An oral and
written reprimands shall not be subject to arbitration or to review by the Board of Fire and Police
Commissioners. However, an employee is entitled to write a response to any oral or written
reprimand and that response will be attached to the corresponding discipline. The Union shall have
the right to file grievances concerning discipline covering suspension without pay, and/or
termination, or an employee may choose the hearing process by the Board of Fire and Police
Commissioners.onitnissioners, Filing of grievance shall act as a waiver by the employee involved of the right
to challenge the same matter before the Board of Fire and Police Commissioners, A form
containing such specific waiver shall be execrated by the employee prior to filing a grievance.
Seeking review by the Board of Fire and :police Commissioners shall act as a waiver by the Union
and employee involved of the right to challenge the same matter in the grievance process.
24
A. The Village agrees that non-probationary employees shall be disciplined and discharged
only for just cause. A copy of all suspension, demotion and discharge notices shall be
provided to the employee and Union, The l"rriployer further agrees that disciplinary actions
will be imposed in a timely nianner and shall comply with the 1.1niform Peace Officers'
Disciplinary Act" (50 IL( S 725/1, el seq.).
B. Any employee found to be unjustly suspended or discharged will be reinstated with full
compensation for all lost time and with full restoration of all other rights, benefits, and.
conditions of employment, without prejudice, unless a lesser remedy is agreed upon as a
settlement or deerned proper by the appropriate hearing authority.
C. Disciplinary actions, illClUding but not limited to discipline less than a suspension, recorded
in the employee's personnel files shall not be used after thirty-six (36) months to justify
subsequent disciplinary action, except for a related of Tense. Non-meritorious disciplinary
actions shall not be relied upon to substantiate or aggravate any subsequent disciplinary
action.
D. Employees shall be entitled to 1r..lnion representation at all disciplinary, investigatory
meetings, which the employee attends and are initiated by the l"niployer and at any
meeting or interview which that employee reasonably believes could result in discipline.
E. Interrogations will be conducted in accordance Nvith the Illinois Uniform Peace Officers'
Disciplinary Act.
F. prior to the imposition of disciplinary action, the Union will be provided an opportunity to
review the surveillance (e.g. video, photos, audio, or other recorded medium) relevant to
the discipline if the surveillance evidence is both: (i) in the possession or control of the
Employer and (ii) relied on by the l"Imployer in making the discipline decision at issue.
G, Prior to, taking any finaL disciplinary action and ,just prior to CO11CIUding its investigation.,
the Village shall notify the employee and Union of the contemplated measure of discipline
to be imposed, and shall meet with the employee involved and inform the etriployce ofthe
reasons, for such contemplated disciplinary action. The Union is permitted to attend and
participate in this meeting. Prior to the meeting, the Village will notify the Union and
employee in writing of the contemplated discipline and the factual basis lor said
contemplated discipline.
H. Personnel Files - 'The Li-riployer agrees to comply with, the Illinois Personnel Record
Review Act relative to providing the employee access to and copying (if requested) of the
employee's personnel file.
1. It is understood that the rights ol'officers herein shall not diminish the right and privileges
of officers that are guaranteed to all citizens by the Constitution and laws of the 1311ited
States and of the State of Illinois.
J. Reviews of decisions of the Board of Fire and Police ''ornmissioners, or of an arbitrator
under this Section shall be as provided by law, based on the election of the hearing body.
25
ARTICLE X
Section 10.1 Dues Deductions
Upon receipt of proper written authorization from an employee, the E'rnployer shall deduct
each month's Chapter dues in the amount certified by the Treasurer of'Chapter from the pay of all
officers covered by this Agreement who, in writing, voluntarily authorize such deductions. Such
money shall be submitted to the Metropolitan Alliance of Police within fifteen (15) days after the
deductions have been made.
As mandated by Janus v. .41,,SCXfI. , fair share is no longer permitted. Should that authority
be superseded, the parties wilt meet and bargain over the impact Of Such change in law.
Section 10.2 Chapter Indemnification
The Chapter shall indemnify, defend and hold harmless the Village 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 for counsel selected or approved.by the Chapter that
shall arise out of or by reason of action taken or not taken by the Village in complying with the
provisions of this Article. If an improper deduction is made, the Chapter shall refund directly to
the ernployce(s) any such amount. 'Fhe foregoing indemnification clause shall not require the
Chapter to indemnify or hold the Village harmless in the event the Village initiates a cause of'
action against the Chapter except as necessary to enforce its rights under this Section 11.2.
ARTICLE XI
Section 11.1 Definition of Seniority
Departmental seniority shall be defined as the length of service from the last date of
beginning continuous full-time eniployment as a sworn Peace Officer in the Department and
uninterrupted by termination Of eniploynient. Conflicts of' departmental seniority shall be
deterinined on the basis of the order ofthe officers on the Board of and police Commission
hiring list. with the officer higher on the applicable list being the more senior. Where the term
°Iseniority" is used in this Agreement, it shall inean departmental seniority unless otherwise
specified.
Section 11.2 Probationary Period
All new employees and those rehired after termination ofemployment shall be considered
probationary employees until they complete a probationary period ofeighteen(18)months, During
an employee's probationary period., the employee may be suspended or terminated at the sole
discretion of the Village, subject to whatever legal rights, if any, such employees may have
separate and apart from this Agreement. No grievance shall be presented or entertained in
connection with the suspension or termination of a probationary employee.
In the event of an absence or leave, the probationary period may be extended, if approved
by the Board of Police and Police Commissioners, for a comparable period of tirne (i.e., day for
26
day extensions in the event a probationary employee is absent and/or on leave for any reason for a
total of four (4) weeks or more during the first eighteen (18) months of employment).
Section 113 Seniority List
The Village will provide the Union with a seniority list setting forth each employee's
seniority date on an annual basis within a reasonable period of time after the Union's written
request.
Section 11.4 Layoff
Prior to any bargaining unit employees being laid off, all part-time employees with the
power to affect a lawful arrest, if any, responsible for performing duties/tasks performed by
members of the Union, will be laid off. Prior to any employees being laid off, the parties will
complete bargaining over the impacts and effects of such layoffs when required by law. Full time
employees covered by this Agreement will be laid off in accordance with their length of service as
provided in the Illinois Municipal Code, Chapter 65, Section 5/10-2.1-18 as amended from time
to time.
Section 11.5 Recall
Full time employees who are laid off shall be placed on a recall list. If there is a recall, full
time employees who are still on the recall list shall be recalled in the inverse order of their layoff
provided the employee is qualified to perform the available work.
Employees who are on the recall list shall be given twenty-one(2 1) calendar days to report
back to work from date of receipt of the notice of recall, provided that the employee must notify
the Police Chief or his designee of his, intention to return to work within nine (9) days after
receiving notice of recall.
The Village shall be deemed to have fulfilled its obligations by mailing the recall notice by
registered mail, return receipt requested, to the mailing address last provided by the employee,
with a copy to the: Union; it being the obligation and responsibility of the employee to provide the
Police Chief or his designee with this latest mailing address. If an employee fails to timely respond
to a recall notice, his/her name shall be removed from the recall list.
Section 11.6 Termination of Seniority
Seniority and the employment relationship shall be terminated for all purposes, subject to,
confirmation by the Village's Board of Police and Police Commission, if the employee:
A. quits;
B. is discharged;
C. retires (or is retired should the Village adopt and implement a legal mandatory retirement
age),
D. fails to report to work at the conclusion of an authorized leave or vacation;
27
E is laid cuff`and fails to notify the police Chief car his designee of his intention to return to
work within the time period stated in this agreement;
F. is laid off for a period in excess of"two (2) years; and/or
G, does not perform work for the Village for a period in excess of twelve (12) months,,
provided however, this provision shall not be applicable to absences due to military
service, established work-related injiury corripensablC Linder workers' compensation,
disability pension, or a layoff where the ernployee has recall rights. l"xtensions will be
considered on a case-by-case basis to comply with the law (e.g. for a reasonable
accommodation to a disabled individual).
Section 11.7 Benefits During Layoff
During the period of tirne that non-probationary employees have recall rights as specified
above, the following provisions shall be applicable to any non-probationary employees who are
laid off by the Village-
A. An employee shall be paid for any earned but Unused vacation days.
B. An employee shall have the right to maintain insurance coverage by paying in advance the
full applicable monthly pl-CruiUfn for single and it'desired, family coverage,
C. If in employee is recalled, the arnount ofaccU11-11.1lated sick leave days that the employee
had as of the effiective data of the layoffshall be restored.
D. Upon recall., the employee's seniority shall be adjusted by the length of the layoff.
Seniority shall not be interrupted,and shall continue to accrue,during periods oftirne when
an employee is receiving workers" c(:)rnpensallon or disability pension benefits I"or a work, related
injury.
ARTICLE X11
Section 12.1 Savings Clause
In the event any Article, Section or portion of this Agreement should be held invalid and
Unenforceable by any board, agency or court of competent jurisdiction 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 of court decision or
subsequent litigation and the remaining parts or portions of this Agreement shall rernarin in full
force and effect,
In such event, the parties shall, upon request of either party. upon thirty (30) days' notice
of any determination,convinence good faith bargaining over possible replacement language for the
invalidated Article, Section or portion of this Agreement.
28
ARTIC LE X111
Section 13.1 Duration of Agreement
This Agreement shall be effective; as of tree day after the Agreement is eXeCUted by both
parties and shall remain in Full 1OrCC and effect Until 11:59 P.M. oil the 31st day ofDecerilber,
2023. It shall be autoinalically renewed from year to year thereafter unless either party sihall notif.�
the other in writing at least ninety (90) calendar days prior to the Decernbcr 3 1 st anniversary
date that it desires to modify this Agreement, In the event that such notice is given, negotiations
shall begin no later than sixty (60) calendar days prior to the Dccernber. 3 1 st ann.iversary date.
Notwithstanding any provision of' this Article or Agreement to the contrary. this
Agreement $11aril remain in full force and eff*Lct after the expiration date Lind until as new
Agreement is reached unless cither party gives at least ten (10) calendar (lays' written notice
to the other party of its desire to teri-ninate this Agreerrient, Provided such termination date
shall not be before the anniversary (late set Forth in the preceding paragraph of this, Section.
Not,withstanding arly provision ofthis,Article or Agreement to the eonlrary,this Agreement
shall remain in full force and, effiect after the expiration date and trintif a new Agreement is reached
unless either party gives at least ten (10)calendar days'written notice to the other party of its desire
to terminate this Agreem,ent, provided such termination date shall not be before the anniversary
date set r forth in the preceding paragraph cif this Section.
This Agreement executed by Ordinance. ............ oil March —, 2022 by, the, Village: 01,
Buffalo Grove Board of Trustees and signed by°:
For the Village of'Buffalo Grove F oi- the Metropolitan ,lfiance of Police
Chapter 4672
.............. ............
Beverly SUS ri, Village President Mr, Keith R coirge. President
Metropoli(at 40 fliance of Police
...........
Dane C Bragg"K Vill,age Manager Derek wins, "p ter President
29
MEMORANDIJM OF AGREEMENT
This MEMORANDUM OF AGREEMENT ("MOX') is entered into and between the
METROPOLITAN ALLIANCE OF POLICE, on behalf of Chapter 672 (hereinafter"Union") and
the VILLAGE OF BUFFALO GROVE and its Police Department (hereinafter"Employer").
WHEREAS, the Union and Employer are parties to a collective bargaining agreement(the
CBA");
WHEREAS,the Village adopted a published policy related to COVID-19 vaccination (and
boosters) and other work-place safety issues related to the COVID-19 pandemic (the "Vaccination
Policy");
WHEREAS, the Union and the Employer recognize it is in the best interests of the Parties,
public health, and public safety to enter into this MOA; and
NOW, THEREFORE, the Union and Employer,mutually agree to the following:
1, This MOA only applies to COVID-19 and its variants that are recognized by the
CDC and/or IDPIT
1 The Parties, both individually and collectively, fully encourage and support
employees to become Fully Vaccinated (as defined in the Vaccination Policy). The Parties further
agree to use their best efforts to, encourage and assist all employees in becoming fully Vaccinated
(and boosted) against COVID-19,
3. The Parties agree that all employees covered by the CBA and this MOA must be in
compliance with the terms of the Village's Vaccination (as modified by an express provision of
this MOA) as a condition of employment, The Vaccination Policy is attached as Exhibit A.
4. All employees covered by the CBA will provide proof of their vaccination status
(and booster status, if applicable) to the Village's human Resources Department on or before
March 4, 2022. Except as provided pursuant to Sections #10 & 11 below, all employees will
provide proof that they have received an initial dose of the COVID-19 vaccination within fourteen
(14) days of the ratification date of this MOA by the Parties,
5, An employee's failure to comply with the Vaccination Policy and/or this MOA,
without an exemption being granted, may constitute just cause for disciplinary action pursuant to
the terms of Article IX of the CIA. Provided,however,a covered employee will not be disciplined
for the sole reason that the employee refused or failed to be boosted pursuant to the Vaccination
Policy and/or this MOA,except if the requirernent to be boosted is required by law or an applicable
Executive Order that is effective after the effective date of this MOA.
6. The Parties agree that there is nothing in this MOA that limits or restricts the
obligations of the Parties or any employee to comply with all applicable laws, rules, executive
Order and/or other legal authority as it relates to COVID-19 vaccination and risk mitigation.
I
7. Employees will be relieved from duty, with pay, to receive the Vaccine and/or
Booster,while on-duty,and during normal work hours. Employees who are not scheduled to work
during vaccination clinic hours will be provided one hour of relief from their shift to obtain the
booster (scheduled by supervisor). All time spent obtaining the Vaccine and/or Booster will be
treated as "hours worked."
8. There is nothing in this MOA that expands or limits the rights and defenses of either
Party (or a covered employee) under, the Illinois Public Employee Disability Act or the Illinois
Workers' Compensation Act.
9. After January 20, 2022, only the Pfizer or Moderna Vaccine or Booster (or other
fully approved Vaccine/Booster approved by the FDA and recommended by the CDC) will be
deemed sufficient for an employee to comply with these terms. An employee who was previously
vaccinated with the Johnson and Johnson vaccine prior to the effective date of this MOA will have
satisfied the Vaccination requirements as long as the employee obtains a Pfizer or Moderna
Booster when eligible pursuant to the Village's Vaccination Policy.
10. Prior to close of business on March 4, 2022, employees may submit a request for
an exemption from the vaccination requirements of the COVID Vaccination Policy only if. (a)the
vaccination is medically contraindicated as to that employee, including an employee who is
deemed to be disabled and entitled to a reasonable accommodation under the Americans with
Disabilities Act ("ADA") or the Illinois Human Rights Act ("IDHR"); (b) if vaccination would
require the employee to violate a sincerely held religious beliefs as recognized by the Illinois
Human Rights Commission or the Equal Employment Opportunity Commission; or (c) if the
employee has a legitimate and unique moral objection that is deemed to be sufficient to justify an
exemption as determined by authorized representatives of both the Employer and the Union
President.
a. In cases of medical contraindication or disability, employee shall present
documentation from a physician (i.e., M.D. or D.C.) licensed in Illinois to
substantiate such a claim and medical need for a reasonable
accommodation.
b. If the Village has a reasonable and demonstrable reason to question the
validity of the employee's claim or the medical statement of a need for the
accommodation requested, the Village may have the Employee examined
pursuant to the process contained in the last two paragraphs of Section 4.5
of the CBA.
C. Requests for exemption and reasonable accommodations submitted
pursuant to this Section#10 will be considered by the Employer and granted
or denied after interactive discussion and consideration of the facts and
circumstances involved as applicable pursuant to the guidance applicable
under the ADA and/or IDHR when applicable.
d. The Parties represent that they will not unreasonably deny approval of a
request for an exemption submitted pursuant to Paragraph #10. Such
2
requests will be considered pursuant to 745 ILCS 70,including amendments
when applicable.
11. Employees who are approved for a temporary or permanent exemption from the
Vaccine or Booster requirements of the Vaccination Policy (when eligible) due to an approved
exemption as referenced in Paragraph 910
a. May be required (as deemed appropriate in the discretion of the Village) to
wear additional personal protective equipment ("PPE") such as a face
covering/mask at all times (when social distancing at least six(6) feet is not
practical) while engaged in work related activities or Police Department 01"
Village buildings or property on working time, while in pay status and/or
on Village property or in vehicles owned or leased by the Village.
b. Will be required to submit to weekly testing as set forth in the Vaccination
Policy. The Employer will reimburse the employee for required and
necessary expenses incurred to comply with this Paragraph. All testing will
occur on duty unless the employee made arrangements with a supervisor to
be tested while off duty at a location/time approved by the Employer.
C. Weekly testing pursuant to this MOA will be performed at the Village's
Fire Department by an authorized CALIA approved provider using the:rapid
antigen testing method, The tests will be provided by the Village for this
purpose.
12. During the period in which the Village is considering a request for an exemption to
the Vaccination Policy (andJor this MOA) pursuant to Paragraph. #10, the Employee will not be
subject to any disciplinary action for violating these terms. The only exception is if the Employee
unreasonably delays,and/or fails to cooperate with the process referenced in Paragraph#10. Once
a decision is made by the Village, the remaining terms of this MOA apply.
13. Effective December 1, 2021, and continuing through and including December 31,
2022, employees who are Fully Vaccinated (even. if not boosted) will receive tip to eighty (80)
hours of "COVID related leave" of absence without loss of pay or benefits when medically
necessary. COVID related leave can only be used for time that the eligible employee was unable
to work due to a documented reasons that is related to the employee's own positive test for
COVID-19, an employee's own reaction(s) to a Vaccine or Booster, and/or being quarantined due
to CDC standards in effect at the time of the occurrence, Any COVID related leave time will run
concurrently with FMLA, PEDA, workers' compensation, or other time off or paid benefits the
employee may receive for the same days off work, except if prohibited by law.
14. Covered employees who are Fully Vaccinated (and Boosted) by May 31, 2022,
shall be granted one "shift" of paid personal time off to be used between June 1, 2022 and May
31, 2023. Regardless of the reason, any covered employee who is,not both Fully Vaccinated and
Boosted prior to May 31, 2022 is not eligible for this incentive that is offered as quid pro quo for
the remaining terms of this,MOA. The word"shift"means the number Of hours that the employee
would be regularly scheduled to work for the Employer and does not include overtime hours.
3
15, Except as expressly provided in this MOA, the terms off`this MOA terminate and
sunset on the earlier of (a)the date that the CDC declares COVID-19 is no longer a pandelilic in
Buffalo Grove, Illinois, or (b) December 31, 20122. The Parties may mutually agree to alter the
terms ofthis MO A at any time; any such alterations will. not be effective until put in writing and
ITTLItUally executed. Except as provided by an express terms of this MOA, there is nothing in this
MOA that creates a right or oblig,ation off either Party upon exp iration of this MO A.
16, In the event of a breach of this MOA by either Party, the issue may be raised
pursuant to the grievance process contained in the Parties' Collective Bargaining Agreement
("CI- A")as to,covered employees. Provided,however, the issue presented in arbitration is limited
to: "Whether a party breached this MO A and, if so, what remedy is appropriate?"
IT The Parties acknowledge that the terms of this MOA satisfy any obligations of the
Parties to bargain either the decision or effects of these terms, to the extent required by law.
I& By signing below, the Union and ["inployer represent the person executing this
document have the authority to do so and lawful authority to bind the Parties to this Agreement.
19, This MO A will take effect upon the ratification of the Union and authorized
representative of the Employer's Village Board,
20 The MOA may be executed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument,
21. Should any section or clause of'. the MOA he declared illegal or invalid by a court
of cornpetentjurisdiction,or by reason of any existing or subsequently enacted legislation, all other
provisions of this MOA shall remain in ftill force and effect. However, the parties may, if required
Icy law, bargain over any revisions to the MO( necessary due to the changed legal obligations
related to an employee's obligation to be vaccinated or boosted that arise during the term of this
MOA,
IN WITNESS WHEREOF, the parties have executed this, MEMORANDOM Of
AGREEMEN'r on the dates set forth hereinafter.
For the 'Village of Buffalo Grove For the Metropolitan Alliance of Police
Chapter 4672 17
61BIev`erly� Susst at. illage Preside�nt Mr. Keith R. eorge, President
Metropolitan IN] iance of Police
------------ ....... .............
'-�Iillage Manager Dane C. Bragg, Derek Hawk"fis"Chapter president
4
APPENDIX A
Mandatory COVID-19 Vaccination Policy(Revised 2/10/2022)
The Village of Buffalo Grove is committed to maintaining a workplace that is free of
known hazards and to safeguarding the health of employees, vendors, patrons, residents, and the
community from COVID-19. The United States Food and Drug Administration (FDA) has issued
emergency use approval of two COVID-19 vaccines and recently issued full approval to one
COVID-19 vaccine.
Given the extensive risk of significant illness and death that COVID-19 presents, and in an
effort to maintain the health and safety of our employees and other persons, all employees must
receive the first dose of a two-dose vaccine (Moderna or Pfizer) by January 24, 2022 and be ftilly
vaccinated within days of receiving a first dose of a two-dose vaccine, References to "day(s)"
in this Policy are construed as calendar days.
Policy Requirements
Except as provided otherwise by a CBA (or binding MCA), all current employees
regardless of employment status(full-time,part-time, seasonal/temporary, or student interns)must
submit copies of their vaccination cards, including records of booster vac:cination(s), or other
documentation showing the date of their first dose to the Director of Human Resources & Risk
Management by January 24, 2022.
Employees who are already fully vaccinated, including booster vaccination are required to
submit copies of their vaccination cards or other documentation to the Human Resources & Risk
Management by January 24, 2022, if they have not already done so.
All newly hired employees regardless of employment status (full-time, part-time, or
seasonal/temporary, student interns) must receive the first dose of a two-dose vaccine prior to the
start of their employment.
Receipt of a single-dose vaccine, such as Johnson & Johnson does not satisfy this Policy
as all new employees must receive either the Pfizer or Moderna vaccination,
All newly hired employees who have been fully vaccinated prior to the date of hire must
receive a Pfizer or Moderna booster vaccination within 30 days of becoming eligible to do so, as
defined by guidance from the Centers for Disease Control and Prevention (CDC). Additional]),,
all newly hired employees who have received one dose of a two-dose vaccine must receive the
second dose within 30 days of their first day of employment.
All newly hired employees must provide supporting documentation of their COVID-19
vaccination status, including booster vaccination to Human Resources within 30 days of their first
day of employment. 'Tile documentation submitted may be a copy of the employee's vaccination
card or must come from a person or organization certified to administer the vaccine and should
not contain any private medical, genetic or fiamily health information (other than the vaccination
status and dates).
5
Booster Vaccination
A booster vaccination is strongly encouraged but not required tinder this Policy.
The Village will not accept a Johnson & Johnson booster vaccination to satisfy the
fully vaccinated requirements of this Policy.
Employees are considered Bully vaccinated:
• Two weeks after receiving the second dose of a two-dose vaccine (e.g., Pfizer or
Moderna), but not yet eligible to receive a booster vaccination; or
• Upon receiving the Pfizer or Moderna booster vaccination, if eligible; or
• Two weeks after receiving a Pfizer or Moderna booster vaccination if they originally
received one dose of a single-dose vaccine (e.g., Johnson & Johnson).
Employees who are riot fully vaccinated, including booster vaccination, when eligible,will
be scheduled during their scheduled working time to obtain their vaccination(s) or booster, up to
a maximum of one hour per dose. Employees must receive advance approval regarding how much.
time: an employee needs to be vaccinated and any impacts on the employee's work schedule. If a
reasonable accommodation is requested, you must submit the request for consideration on or
before January 18, 2022 so that the circumstances can be reviewed on a case-by-case basis and the
available options can be reviewed before the January 24, 20�22 deadline.
Additionally, all employees considered to be fully vaccinated (both fully vaccinated and
boosted)by May 3,1, 2022 will receive one additional "shift" of floating holiday on a one time, not
recurring basis to be used during the period from June 1, 2022 through Julie 1, 2023. Regardless
of the reason that an employee is not Boosted, any employee who is not Fully Vaccinated and
Boosted prior to May 31, 2022 is not eligible for this additional paid shift off work.
Paid "COVID-19 Time" for Emergency COVID related absences ONLY:
Up to 80.00 hours of Paid "COVID-19 Time" away from work will be granted when
medically necessary due to the employee's own incapacity for the following reason(s) only, based
on events that,occur after the effective date of this Policy:
a. The employee is recovering from any injury, disability, illness, or condition
related to a COVID-19 immunization, including booster vaccination.
b. The fully vaccinated(booster not required) employee is seeking or awaiting
the results of a COVID-1 9 test or diagnosis because either the employee has
been exposed to COVID-19 or the employer has requested the test or
diagnosis,
C. The fully vaccinated(booster not required)employee is recovering from arly
injury, disability, illness, or condition related to COVID-19 after being
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diagnosed as COVID-19 positive and has been advised to quarantine by a
licensed physician (and is medically unable to work remotely)
Additional conditions of receiving COVID 19Time,
a. Paid COVID-19 11me off will run concurrently with otherwise unpaid
FMLA time off both are applicable.
b. Employcesare required to submit proof deemed satisfactory to management
that verifies the employee is medically unable to report to work during
periods that the employee is seeking to use Paid CO VID-19 Time. The
Village reserves the right to seek additional job-related medical information
when deemed appropriate,
c, Paid COVID-19 Time may be used in minimum four (4) hour increments.
d. Before using Paid COVID-19 Time off, the employee should consult With
their Department Head and/or Human Resources to determine if a remote
work assignment, reduced schedule or other form of reasonable
accommodation is available to assist the employee in sanely performing
their essential job functions. Paid COVID Time off is not considered
additional "sick" or"vacation time off and is to be used for one of the above
reasons only due to a medical condition or diagnosis related to the
employee.
e. Paid COVID-19 Time available under this Vaccination Policy (and MOA)
must be used during the period from January 3, 2022 through December 3 1,
2022.
f. Unused Paid COVID-19 Time will not be paid or carried over into
subsequent calendar years and it will not be paid out if unused.
9. Employees returning to work after using Paid COVID-19 Time will be
required to provide a release to return to work to verify that the employee
has been evaluated by a health care provider and deemed to be sale to
perl'orm their essential job functions (either with or without a reasonable
acconnnodation if medically necessary). This release to return to work may
be in the form of a negative PCR COVID�-19 test and full compliance with
all Current CDC' return to work guidelines.
h. Misuse or abuse of Paid COVID-19 Time will result in disciplinary action,
against the offender, that may include termination if the employee
intentionally falsified a request for COVID-19 pay.
i. Fully Vaccinated and otherwise eligible employees may Use COVED-19
Time pursuant to these terms even if the employee is not Boosted. The only
exception, is as required by law (in which case the affected employee must
be boosted and Fully Vaccinated to receive COVID-19 Time).
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Medical and Religious Accommodations/Exemptions
Employees requesting an exemption from this Policy (and MOA) due to medical reasons
or a sincerely held religious belief must complete and submit the appropriate Accommodation
Request form(s) (attached)to Human Resources by January 18, 2022 (or March 4, 2022 if covered
by the MAP CBA). Exemptions will be granted where they do not cause the Village undue
hardship or pose a direct threat to the health and safety of others. Exemptions cannot be granted
solely for personal or philosophical reasons. The Village reserves the right to seek documentation
or verification of the need for an exemption. Requests for an exemption will be considered on a
case-by-case basis.
Employees granted an exemption from this Vaccination Policy must be masked at all times
while in Village facilities except when eating or drinking,in designated areas during break periods.
Employees granted an exemption from this Vaccination Policy will be required to practice
increased infection control protocols including, but not limited to,physical distancing and subject
to availability, weekly Village approved COVID-19 testing. The Village will maintain a list of
approved tests and only the results from one of these approved tests will be accepted.
Employees granted an exemption must provide the Village with a negative Village
approved Ct VID-19 test on a weekly basis. Test results will be reported to and documented by
fluman Resources, Employees exempt from this Vaccination Policy who test positive for the
COVID-19 virus must quarantine fear at least 10 days before returning to work. Village will provide
remote work opportunities for Such Employees,when feasible and available, in the employer's sole
discretion. Employees also may use accrued compensatory time (if, applicable), sick leave and/or
vacation while quarantined. Employees without available leave will be absent without
compensation.
The Village will pay for the testing process under only this section of this Vaccination
Policy.
Employees granted a medical accommodation/exemption under this Vaccination Policy
will be asked to recertify their continuing need for an accommodation/exemption on a basis
consistent with the individual circumstances set forth in their original request.
Violations
Employees who violate this Vaccination Policy will not be allowed to perfionn any services
on behalf of the Village or enter Village premises for work related reasons, I-Eniployees will be
suspended for one week without pay and issued a final warning if they do not timely obtain the
first dose of the COVID-I 9 vaccine by January 24, 2022 (or within 14 calendar days of ratification
of this MOA if covered by a MOA between MAP and the Village). Employees who violate this
Vaccination Policy a second time, including not obtaining a second dose of a two-dose vaccine on
a timely basis,will be discharged. Exceptions will only be available to Employees who have timely
filed a request and received management approval in writing that a Medical or Religious
Accommodation/Exemption has been granted,
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Employees Covered by as Collective Bargaining Agreement
Employees who are covered by a collective bargaining agreement are similarly subject to
this mandatory Vaccination Policy, except as modified by an express provision of an agreement
entered into and signed by the Union and authorized representatives of'the Village Board. For
employees covered by the CBA between the Village and MAP, consult the MCA terins related to
this issue.
In all cases, employees who are in positions that are within the definition of"health care
worker" (including EMS employees) are required to comply with the terms of the Governor's
Executive Order 2021-22 (Covid-10 Executive Order No. 88, issued on 9/3/202 1). A copy of the
Governor's Executive Order is: htt-os://�v-",,,v,,illinois,��),ovem,iiietit/exectitive-o�rders/executiNe-
order. exeLiCtive-order-nuinber-22.2 21. html
Further guidance/questions
Please contact Director of Human Resources& Risk Management, Arthur A. Malinowski,
with questions about this Vaccination Policy (an&or the MDA, as applicable), by calling 847-459-
2549,
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