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2024-12-02 - Ordinance 2024-0121 - APPROVING A COLLECTIVE BARGAINING AGREEMENT AND MEMORANDOUM OF UNDERSTANDING (MOU) BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE METROPOLITAN ALLIANCE OF POLICE (MAP) BUFFALO GROVE POLICE PATROL OFFICER CHAPTER #672 . `� ORDINANCE 2024-0121 �� �� AN ORDINANCE APPROVING A COLLECTIVE BUFFRL�J BARGAINING AGREEMENT AND G�V� MEMORANDOUM 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 pursuant to the Illinois Constitution of1970; and WHEREAS 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: l) successor Collective Bargaining Agreement (January l, 2024 through December 31,2026) and 2) Memorandum of Understanding related to Body Worn Cameras 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, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village Manager is authorized to enter into an agreement with the Metropolitan Alliance of Police (MAP), Buffalo Grove Police Patrol Officer Chapter #672 concerning a Collective Bargaining Agreement (January l, 2024, through December 31, 2026). SECTION 3. 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 Body Worn Camera's for its membership. SECTION 4. If any section, paragraph, clause or provision of this Ordinance shall be held invalid,the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall be codified. Page 1 of 2 smart.with heart. 50 Raupp Blvd, Buffalo Grove, IL 60089 � 847-459-25001 vbg.org AYES: 6-Johnson. Cesario. Ottenheimer. Stein, Bocek. Weidenfeld NAYES: 0- None ABSENT: 0- None PASSED: December 2. 2024 APPROVED: December 2. 2024 PUBLISHED: December 4. 2024 ATTEST: APPROVED: �"�.��n •'i�, Janet . irabian, Village Clerk Eric N. S th,Village Presiden ' , —^-- _ . Page 2 of 2 smart.with heart. 50 Raupp Blvd, Buffalo Grove, IL 60089 \ 847-459-2500/ vbg.org AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE METROPOLITAN ALLIANCE OF POLICE BUFFALO GROVE POLICE PATROL OFFICER CHAPTER # 672 January 1, 2024 - December 31, 2026 {oog�o�so.nocx�.i } TABLE OF CONTENTS AGREEIVIENT..............................................................................................................................1 ArticleI..........................................................................................................................................1 Section1.1 Recognition.................................................................................................1 Section 1.2 Non-Discrimination ....................................................................................1 SecNon1.3 Gender.........................................................................................................1 Section1.4 Chief............................................................................................................1 ArticleII.........................................................................................................................................1 Section 2.1 Bulletin Board/Posting of Materials ...........................................................1 ArticleIII.......................................................................................................................................2 Section3.1 Management Rights....................................................................................2 Section 3.2 Contracting Out...........................................................................................2 Section 3.3 Precedence of Agreement...........................................................................2 ArticleIV .......................................................................................................................................2 Section4.1 Safety Committee........................................................................................2 Section 4.2 General Orders/Guidelines Task Force Committee....................................3 Section 4.3 Labor-Management Committee..................................................................3 Section 4.4 Promulgation of New or Revised Rules......................................................3 Section 4.5 Return to Work After Illness/Injury............................................................3 Section 4.6 Drug and Alcohol Testing Policy ...............................................................4 Section 4.7 Performance Evaluation Plan......................................................................4 Section 4.8 Secondary Employment..............................................................................5 Section 4.9 Safe Driving Incentive................................................................................6 Section 4.10 Officer Involved Shootings.............................................................6 ArticleV.........................................................................................................................................7 Section5.1 No Smoking................................................................................................7 Section5.2 Residency....................................................................................................7 ArticleVI.......................................................................................................................................8 Section6.1 Salaries........................................................................................................8 Section6.2 Specialty Pay...............................................................................................9 Section 6.3 Hours of Work and Overtime....................................................................10 Section 6.4 Training Overtime.....................................................................................l l Section6.5 Longevity..................................................................................................11 Section 6.6 Call Backs&Court Time .........................................................................12 Section 6.7 Health,Dental,Vision&Life Benefits....................................................13 Section 6.8 Attendance at Grievance Meetings...........................................................14 Section 6.9 Uniform Allowance/Maintenance.............................................................14 Section6.10 Holidays........................................................................................14 Section 6.11 Sick Leave.....................................................................................15 Section6.12 When Taken..................................................................................15 Section6.13 Accrual..........................................................................................16 {00860650.DOCX v. 1 } 1 Section 6.14 Accrued Sick Leave.................................... ..................................16 Section6.15 Light Duty.....................................................................................18 Section6.16 Vacation........................................................................................18 Section 6.17 Shifts or Watches..........................................................................19 Section6.18 Work Schedules............................................................................20 Section 6.19 Changing Days Off.......................................................................21 Section 6.20 Breaks and Lunches......................................................................21 ArticleVII....................................................................................................................................21 Section 7.1 Grievance -Definition ..............................................................................21 Section7.2 Procedure..................................................................................................21 Section7.3 Arbitration.................................................................................................22 Section 7.4 Limitations On Authority of Arbitrator....................................................23 Section 7.5 Time Limit For Filing...............................................................................23 Section 7.6 Miscellaneous............................................................................................23 ArticleVIII..................................................................................................................................23 Section8.1 No Strike..................................................................................... ..........23 .... Section8.2 No Lockout...............................................................................................24 ArticleIX .....................................................................................................................................24 Section 9.1 Discipline and Discharge/Investigations...................................................24 ArticleX.......................................................................................................................................25 Section 10.1 Dues Deductions...........................................................................25 Section 10.2 Chapter Indemnification...............................................................26 ArticleXI.....................................................................................................................................26 Section 11.1 Definition of Seniority..................................................................26 Section 11.2 Probationary Period.......................................................................26 Section 11.3 Seniority List............................................................... ..................27 Section11.4 Layoff............................................................................................27 Secfion11.5 Recall............................................................................................27 Section 11.6 Termination of Seniority...............................................................27 Section 11.7 Benefits During Layoff........................................... ......................28 ArticleXII....................................................................................................................................28 Section 12.1 Savings Clause..............................................................................28 ArticleXIII..................................................................................................................................29 Section 13.1 Duration of Agreement.................................................................29 {00860650.DOCX v. 1 } ll AGREEMENT This Agreement is made and entered into by and between the Village of Buffalo Grove, Illinois (hereinafter referred to as the "Village"), and the Metropolitan Alliance of Police Buffalo Grove Patrol Officers Chapter#672, (hereinafter referred 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 employrnent, fringe bene�ts, and other conditions of employment that will be in effect during the term of this Agreement for employees covered by this Agreement; to prevent interruptions of work and interference with the operations of the Village; to encourage and improve ef�ciency and productivity; and to provide procedures for the prompt and peaceful adjustment of grievances, as provided herein. Now,therefore, the parties agree as follows: ARTICLE I Section 1.1 Recognition The Village recognizes the Union as the sole and exclusive bargaining representative far all sworn police officers employed full time by the Village of Buffalo Grove in the classi�cations 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. 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," a.nd "him," shall connote all 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 II 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 {00860650.DOCX v. 1 } 1 category), and non-derogatory nature. A copy of all postings will be provided to the Chief in advance to ensure compliance with this provision. ARTICLE III Section 3.1 Management Rights Except as spec�cally 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 opera.tions, 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 working 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 Buffalo Grove Personnel Rules, to enforce and alter those provisions covered under the Village of Buffalo Grove Personnel Rules;to evaluate employees; to discipline, suspend, and discharge employees for just cause in accordance with applicable Rules, Regulations, and Laws; to change or eliminate existing methods, equipment or facilities; and to carry out the mission of the Village; provided,however,that the exercise of any of the 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 will bargain over the impact and effects of the issue with the Union as required by law. Section 3.3 Precedence of Agreement Ifthere is a conflict between a specific provision ofthis Agreement and a specific provision of a Village ordinance or a written rule, regulation, directive,policy, or procedure which may be in effect from time to time, the specific provision(s)of this Agreement will take precedence during the term of this Agreement. The only exception is if required by law. ARTICLE IV Section 4.1 Safety Committee The Village and the Union recognize the importance of maintaining 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. {00860650.DOCX v. 1 } 2 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 of this Task Force will be to complete the review of the current GO manual. The GO Task Force also has the responsibility to make any recommendations to the Police Chief for changes in the GO manuals as necessary but is only in the form of recommendations 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 GO review. At no time will the GO Task Force be charged with the review or consideration of GO's that involve mandatory subjects of bargaining. Section 4.3 Labor-Management Committee The Village and Union recognize the need to communicate on a regular basis throughout the term of this Agreement. In order to facilitate an open and candid exchange of information, a Labor-Management Committee will be the forum for these communications. The purpose of the Committee is to establish a regulaz pattern of ineetings to discuss issues of mutual concern. The Labor-Management Committee may be comprised of the following: For the Village — Police Chief, Deputy Chief, Commanders, Village Manager, and Director of Human Resources. 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) times in a calendar year unless the parties mutually agree to meet more or less. If any Labor-Management Corrunittee meeting is scheduled during work hours of an employee, 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 Union in advance of promulgating or implementing any new or revised rules and regulations or Board of Fire and Police Commissioners rules and regulations which constitute mandatory subjects of bargaining within the meaning 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 of the proposed change. If not objected to within thirty (30) days of the Union having writtennotice 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 injury 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. {00860650.DOCX v. 1 } 3 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 under 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 officerprovides a written statement from his own doctorupon returning to work from sick or injury leave. If the Village's examining physician/medical professional determines that a police officer is not fit for duty after receiving the result of any examination or test,the Village ma.y direct appropriate remedial action and/or place the of�cer 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 of�cer 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 comtnittee and ratified by authorized representatives of both parties, the Village's existing Drug and Alcohol policy will remain in effect. 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. 5ection 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. {00860650.DOCX v. 1 } 4 If an employee has a disagreement with his/her evaluation, the first step of review will be at the level of the employee's imxnediate 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 twerrt}y (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 tool 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 forperformance" 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. Section 4.8 Secondary Employment Employees may engage in Extra-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 of the Department's Secondary Employment Approval and Notification Form and � the Village's Secondary Employment Indemnity Agreement (where applicable for Extra Duty Assignments), as set forth in Appendix B. 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 enforcement responsibilities as part of their secondary employment, are considered to be involved in "Extra Duty"secondary employment activities. Those employees also agree that:(a) scheduled Extra Duty time 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 Chie�; (b) the employee's schedule is subject to approval of the Chief to ensure that it does not interfere {00860650.DOCX v. 1 } 5 with the opera.tions 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 Of�cer Involved Shootings 1. 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 offic� who is involved in an of�cer involved shooting to submit to drug and alcohol testing, so long as such testing is required by Public Act 100-389 or any similar State law. 2. For the purpose of clarity, the parties agree an of�cer "involved in" an of�cer involved shooting is defined to mean any officer who discharged a firearm thereby causing injury or death to a person or persons. If multiple officers discharged their firearms, and it is unclear whose bullet struck the person or persons, then all officers who discharged their firearm in the direction of the subject shall be required to submit to drug and alcohol testing. 3. The parties agree the term "involved in" an officer involved shooting does not include officers who did not discharge their weapon, even if they were providing other forms of support and assistance during the call. Nor does the term "involved in" include officers who discharge their weapons when it is undeniably clear their projectiles did not actually strike any person or persons. 4. The 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 underthreat of disciplinary action. Such testing normally will be done by urinalysis. However,blood tests shall only be administered 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 administrative 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 A). In the event of a conflict between the General Order and the CBA, the CBA will prevail. {00860650.DOCX v. 1 } 6 8. Officers will only answer "public safety questions" under threat of"disciplinary action up to and including ternunation", as in the past. Section 4.11 Voluntary Physical Fitness Testing An officer may annually participate in a voluntary physical fitness test.The Village agrees to meet with the Union to discuss the test that will be used for purposes of this provision prior to implementing it.Employees who meet or exceed the voluntary physical fitness test shall receive a one-time eight (8)hour paid day off to be used before the end of the calendar year in which it was earned and shall be scheduled in accordance with operational need. If the employee is unable to use the day off within the calendar year in which it was earned,then the employee will receive the equivalent of eight (8) hours of pay at their straight time hourly rate as an incentive. Employees will be advised in writing that their participation is voluntary and at their own risk. ARTICLE V Section 5.1 No Smoking 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 requirements for employees covered under this Agreement during the term of this Agreement. {00860650.DOCX v. 1 } 7 ARTICLE VI Section 6.1 Salaries Police Patrol Officer Effective January l, 2024 through December 31, 2024: Startin� 312 $ 81,140.80 "��� �� ��� �'��; f. $�y'����$�} �� 2 334 $ 90,548.64 - � �3���"� � �K;��.V.I�w1L. . 1 ', 4 _ 356 u�$ � 101,052 64 i � � .h�. , �67 �� ��`�R� 1.06y7��y7�5 6 378 $ 112,771.36 �� 7' ���"�`1��`� $ ..�l� 7�6 88 �`' For purposes of establishing raises for this Agreement only,the following formula will be used to determine wage increases: effective January 1, 2024, the parties agree to place the maximum base pay for police officers at the one-half percent (1/2%) step (per the Village's established step plan) above the third highest paid agreed upon comparable community prior to the Village's position being included,for future comparable studies.For purposes of determining the salaries of job titles within the bargaining unit, for the duration of this Agreement, longevity pay(based on officers with at least fifteen(15)years of completed service) and applicable stipends shall be added to the base salaries of all comparables, as well as those of the Village. Only stip ends that are given to all officers with at least fifteen(15) years of experience shall be applied in the formula. For the purpose of determining the general wage increase of comparable communities who have not yet resolved their January 1 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 communities from January 1 to December 31. This same process will be used for communities who have not resolved wages far years prior to the year parties are bargaining. The parties agree the following communities (listed in alphabetical order;not the order to be used in the formula)will be used in the formula referenced in this Section: 1. Elk Grove Village 2. Glenview 3. Gurnee 4. Highland Park 5. Hoffman Estates 6. Morton Grove 7. Mt. Prospect 8. Mundelein 9. Niles {00860650.DOCX v. 1 } g 10. Northbrook 1 l. Park Ridge 12. Rolling Meadows 13. Wheeling 14. Wilmette It is understood and agreed to by the parties that the general wage increase for calendar year 2024 shall be three percent (3%)based on the formula set forth above in this Section 6.1. The general wage increase for calendar year 2025 and 2026 will be computed based on this saxne formula set forth 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 the following specialties shall receive specialty pay in the prescribed amounts listed below: Evidence Technician Evidence Technicians shall receive an additional eight and a half (S.5) hours of pay on a quarterly basis for a total of thirty-four(34) hours annually. Field Training Of�cers Officers assigned to perform FTO duties shall be paid $5.00 per hour for all time that duty is performed in addition to their regular salary. Officer-In-Charge Officers assigned to Watch Commander or Field Supervisor duties shall be paid $1.50 per hour for all time that duty is performed 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 handler will be credited for working thirty(30) minutes of canine care time 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 of�shall be at time and one-half and be paid in the form of overtime or compensatory time, at the discretion of the Department. Canine Handlers will be allowed to accrue four hundred eighty(480)hours of compensatory time. {00860650.DOCX v. 1 } 9 Crisis Intervention Of�cers who have been fully certif'ied 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 detemiined 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 fust 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 Hours 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 (171) 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). {00860650.DOCXv. 1 } l� E. In lieu of overtime payment(s), employees may elect to be granted compensatory time off. Such compensatory 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 and one half (1.5) time rate. Employees may submit requests far compensatory time off at their discretion. F. Hours worked for purposes of 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. H. Compensation shall not be paid or earned (or compensatory time accrued)more than once for the same hours under any provision of this Agreement. The intent of this paragraph is not to prevent an officer from working overtime while on scheduled vacation or other approved benefit 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 time. 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. I. Twice per calendar year on dates selected by the Village, an Employee may choose to be paid for up to 60 hours(120 hours in total per calendar year) of accrued compensatory time at the rate they are eaming at the time the payment is requested. 5ection 6.4 Training Overtime A. Employees attending shift or proficiency training during the employees' off dutyhours will be credited with no less than three(3)hours of overtime, unless their activities are an actual extension of their tour of duty. B. Employees attending a full day of training (e.g., NEMRT, NIPAS) will have their schedule adjusted and will be placed on a training day for this purpose. The employee normally will receive an altemate 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 overtime compensation for the training time up to a maximum of eight (8) hours. Section 6.5 Longevity Employees shall be eligible for longevity pay beginning with the fifth(Sth)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 {00860650.DOCX v. 1 } 11 15 through 19 $800 20 ormore $1,000 Section 6.6 Call Backs& Court Time 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 on the shift shall be placed on a list in order of Department seniority. When the Department has at least twenty four(24)hours'notice of the need to fill a position, members shall be contacted in the order of the list, once a member accepts a call back,they shall rotate to the bottom of the call back list. The call back list shall be exclusive of court 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 off duty shall be compensated a mi.nimum 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 schedule�i on a voluntary basis, offered first to those working (on a seniority basis) when the overtime vacancy occurs. If the shift overtime is not filled it shall be offered then to those employees (currently off duty)on a seniority basis. The Department will notify of�cers of overtime 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-face and award to most senior officer. b. If those who are working in patrol or traffic(point 1(a) decline), contact all other officers via a scheduling software alert and award open shift with most senior officer interested after 1 hour has elapsed (or as soon as practical after 1 hour has elapsed). c. The awarded officer's position on the CBA overtime rotation list should not be changed when the vacancy is less than 24 hours away. 2. For Vacancy between 24 and 48 hours away: a. Contact officers via a scheduling software alert and award using CBA 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. 3. 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. {00860650.DOCX v. 1 } 12 If forced shift overtime becomes necessary, an employee (on inverse seniority basis) who is working shall be ordered to stay to fill the vacancy for all or part of the shift as deemed appropriate by the Chief(or designee). Section 6.7 Health, Dental, Vision & Life Bene�ts The Village shall grant employees covered by this Agreement, except as specifically and expressly limited by this Agreement: Health Insurance Benefits: 1. Eligible employees who elect Health Insurance coverage for the Employee (and/or any eligible dependents)will continue to pay a premium contribution amount equal to fifteen percent (15%)of the premium costs for that class of coverage. 2. There will not be any fmancial contribution required for eligible employees to participate in the dental or vision component of the group health insurance program. 3. The Village will maintain the structure of the plans that were in effect as of January 1,2018 (with no PPO B plan as agreed). 4. All employee premium contributions will automatically be taken out of an employee's check on a pre-t� basis via Section 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 medical benefits or change such benefits under a different program or with a different insurance company (including self- insurance), provided the basic level of covera.ge and benefits are substantially similar. The Village will notify the Union, in writing, of any 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 bene�ts 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 of Buffalo 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 Village shall be responsible for one hundred percent (100%) of the costs of such vision insurance for both employee and any eligible dependents who are covered. {00860650.DOCX v. 1 } 13 Terms of Policies to Govern: The extent of coverage under the insurance policies referred to in this Article shall be governed by the terms and conditions set forth 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 Emplovee Contribution The Village will provide group Term life 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 Grievance Meetings Members will be granted leave to attend meetings, hearings, arbitrations, or matters pending before a tribunal when that tribunal compels a member'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 employee's off-duty hours. On-duty personnel who are not serving as a Union 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/Maintenance 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 uniform 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 members 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 Juneteenth Independence DayLabor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas All members assigned to patrol or traffic shall be paid the regular hourly rate of pay far eight (8) hours for each observed holiday. All other employees who are not assigned to patrol or 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 traf�c who work on the observed holiday shall be compensated at their normal {00860650.DOCX v. 1 } 14 rate. Employees called in to work on an actual holiday,when not scheduled to do so, will be paid pursuant to Section 63C. 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. The Chief may, in his/her discretion, designate department-wide"blackout days"when no bene�t time off will be scheduled for any bargaining unit employee. These dates will apply to all bargaining unit members. They include three(3)days for Buffalo Grove Days, one(1)day for the Buffalo Grove Pride Parade, and one(1)day for department-wide in-service training, other police department-wide activity (by way of example only: department photos or department-wide meeting) or a special event. Blackout days will not be scheduled on any observed Federal holiday or weekends,with the exception of blackout day(s)for Buffalo Grove Days and the Pride Parade.Advance notice of blackout days will be provided not less than 90 days before each occurrence or when the event is scheduled by the Employer. For special events only: individual vacation requests approved not less than 90 days prior to the Village's establishment of a special event blackout day shall not be subject to blackout. 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. This is equivalent to eighty(80)hours annually. b. Employees shall accrue sick leave at a ra.te 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 the second calendar year of employment. d. Sick leave shall not be accrued while on 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 injury or disease, exposure to contagious disease, to care for an ill or injured member of the employee's unmediate family,the birth of a new-bom 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 includ e, husband, wife, civil union partner, son, son-in-law, daughter, daughter-in-law, foster child, {00860650.DOCX v. 1 } i s 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%ivil union partner. When an employee fmds 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. A medical certi�cate 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 32.5% 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 yeaxs 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% {00860650.DOCX v. 1 } 16 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% The Retiree Health Savings (RHS) 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. The legal basis for an RHS is currently based on Private Letter Rulings issued by the Internal Revenue Service which allow employers such as the Village to establish such plans. The provisions of this plan will be governed by documents executed by both the Village and ICMA Retirement Corporation. The documents collectively comprise the Vantagecare Retiree Health Savings Plan. It is the intent of the Village to establish a separate plan for the members of the Union. The Village and Union 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 from time to time in the Village's Personnel Rules and as pernutted under applicable tax rules or statutes as adopted and/or amended. Employees who elect to participate in individual contribution programs may be subjected to all applicable rules, including irrevocability of those contributions. At a minimum, the Village will apply the value of accrued sick leave (Deposit Va1ue)into an employee's RHS Plan account at 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 lst 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 1 st through December 31 st), employees will convert up to sixteen(16)hours of unused sick time for deposit into their Plan account;providing that they have completed one(1)year of work withno 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 of the unused sick day shall not be into vacation leave or paid directly to the employee. The value of the conversion shall be equal to the employee's daily wage and not limited to the wage assigned to the retirement funding value calculated above. Employees who 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. {00860650.DOCX v. 1 } 17 Section 6.15 Light Duty An employee who is eligible for injury or illness leave may be required and/or may volunteer to work for an available, temporary light duty assignment that is consistent with 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 duty 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 command. 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 performed. 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 of service: After 1 month 8 hours After 2 months 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 hrs. 2. 2nd full calendar year of service: 88 hrs. 3. 3rd full calendar year of service: 96 hrs. 4. 4th full calendar of service: 104 hrs. 5. Sth full calendar year of service: 112 hrs. 6. 6th-10 full calendar year of service: 120 hrs. 7. llth-14th full calendar year of service: 136 hrs. {00860650.DOCX v. 1 } 1 g 8. 15th-19th full calendar year of service: 160 hrs. 9. 20th—24th full calendar year of service: 184 hrs. 10. 25th(and after)full calendar year of service: 200 hrs. B. Employees shall accrue paid vacation credits on a monthly basis. Vacation leave shall be credited in advance to the employee at the begiruiing 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 with the employee concerning the repayment of the time once earned. 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 of forty(40) hours may be carried over to the next twelve (12) month period with prior approval by the Chief or his designee. Any amount in excess of forty (40) hours shall be forfeited unless specifically authorized by the Village Manager or his designee up to a maximum of eighty (80) hours. All hours carried over must be used by June 30 of the following year otherwise they will be forfeited. D. 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 after the Shift bids are posted on November 15th.In the event of a conflict between two (2) or more officers'request for vacation, seniority shall be the determining factor until March 31 st. As of April 1 st,vacation shall be granted on a first come, first serve basis. E. Employees leaving the Police Department shall be compensated forvacation leave earned and unused through the date of separation or resignation (regardless of reason). Annual vacation leave entitlements at the time 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 earned 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 Buffalo Grove Police Department will maintain three(3) shifts or watches they are: Day Watch which is 0630 hours to 1500 hours, Evening Watch which is 1430 hours to 2300 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.).Each October 1 st,of�cers 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 {00860650.DOCX v. 1 } 19 Police Chief,however fmal shift selection shall not be arbitrary or capricious but rather based on the factors stated herein. 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 siac(6) month period. 5ection 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 followed by two (2) consecutive days off duty, then five (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 thiriy (30)minutes paid lunch and two(2)paid fifteen(15)minute work breaks with the of�cer available to respond to an emergency if needed. 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 produces only two-thousand-sucty-eight (2,068) hours of work per twelve(12) month period. Employees 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 Administra.tive day (A-day) per year, to be scheduled during the annual Buffalo Grove Days festival, a training day,Shift Pro�ciency Training, or during Range Days. If Buffalo Grove Days, a training day(s), Shift Proficiency Traixiing, 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: 0600 through 1600 0900 through 1900 Of�cers 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 the approval of their supervisor. Members 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 member'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 Officerwill 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 dayswhen school is not in session with the approval oftheir supervisor. Some emergency situations may require implementation of a modified work schedule and changing assignments. In the event of such emergency, notice will be given to the union, along with a good faith 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. {00860650.DOCX v. 1 } 2� Section 6.19 Changing Days Off Employees who wish to exchange days off of work for one another must work back for the person with whom they exchanged the shift within the same work period of the saxne calendar year, 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 defined as a dispute or difference of opinion raised by an employee or the Union against the Village involving an 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 of two(2)or more employees, or the Union as whole. Section 7.2 Procedure The parties acknowledge that it is usua.11y most desirable for an employee and his immediate supervisor toresolve problems through free and infoimal communications. If,however, the informal 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 speci�c relief requested, and the signature of the grievant and/or Union representative. All grievances must be presented no later than ten(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 1 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 afterreceipt 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. If no settlement of the grievance is reached,the Lieutenant or Commander or his designee shall provide a written answer to the grievant and the Union within seven(7) calendar days following the meeting. {00860650.DOCX v. 1 } 21 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 a 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 afterreceipt 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 Federa.l 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(1) pa.nel 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 V illage 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 noti�ed 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. 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 parties,whichever is later. {00860650.DOCX v. 1 } 22 E. More than one (1) grievance may be submitted to the same arbitrator where both parties mutually agree in writing. F. The fees and expenses of the Arbitrator and the cost of a written transcript, if any, 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 On Authority of Arbitrator The arbitrator shall have no right to amend,modify,nullify, ignore, add to or subtract from 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 of this Agreement. The Arbitrator shall be empowered to determine the issue raised by the grievance as submitted 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 1 within ten (10) calendar days after the discovery of the event giving rise to the grievance. If a grievance is not presented by the employee/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. If a grievance is not appealed to the next step within the speci�ed time period, or within an approved, written extension thereof, it shall be considered withdrawn, provided,however, that such settlement shall not serve to waive the Union's or employee's right to file a future grievance involving similar facts and circumstances. 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. The 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 impose 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. 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 {00860650.DOCX v. 1 } 23 and unimproved 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 Employer'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 fulf'ill his responsibilities as an employee. Where the Village believes just cause e�sts 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 Terniination. Any disciplinary action or measure other than an ora.l 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. Filing of a grievance shall act as a waiver by the employee involved of the right to challenge the same matter before the Board of Fire and Police Commissioners. A form containing such specific waiver shall be executed by the employee prior to filing a grievance. Seeking review by the Board of Fire and Police Commissioners shall act as a waiver by the Union and employee involved of the right to challenge the same matter in the grievance process. 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 Employer further agrees that disciplinary actions will be imposed in a timely manner and shall comply with the "Uniform Peace Officers' Discipli.nary Act"(50 ILCS 725/1, et 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 {00860650.DOCX v. 1 } 24 conditions of employment, without prejudice, unless a lesser remedy is agreed upon as a settlement or deemed proper by the appropriate hearing authority. C. Disciplinary actions, including 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 offense. Non-meritorious disciplinary actions shall not be relied upon to substantiate or aggravate any subsequent disciplinary action. D. Employees shall be entitled to Union representation at all disciplinary investigatory meetings, which the employee attends and are initiated by the Employer, and at any meeting or interview which that employee reasonably believes could result in discipline. E. Interrogations will be conducted in accordance with 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 (u)relied on by the Employer in making the discipline decision at issue. G. Prior to taking any fmal, disciplinary action and just prior to concluding 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 employee of the 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 for said contemplated discipline. H. Personnel Files - The Employer agrees to comply with the Illinois Personnel Recon�i Review Act relative to providing the employee access to and copying(if requested)of the employee's personnel file. I. It is understood that the rights of officers herein shall not diminish the right and privileges of officers that are guaranteed to all citizens by the Constitution and laws of the Unitsd States a.nd of the State of Illinois. J. Reviews of decisions of the Board of Fire and Police Commissioners or of an arbitra.tor under this Section shall be as provided by law,based on the election of the hearing body. ARTICLE X Section 10.1 Dues Deductions Upon receipt of proper written authorization from an employee, the Employer shall deduct each month's Chapter dues in the amount certified by the Treasurer of Chapter from the pay of all officers covered by this Agreement who, in writing, voluntan'ly authorize such deductions.Such money shall be submitted to the Metropolitan Alliance of Police within fifteen(15) days after the deductions have been made. {00860650.DOCX v. 1 } 25 As mandated by Janus v.AFSCME,fair share is no longer pernutted. Should that authority be superseded,the parties will meet and bargain over the impact of such change in la.w. 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 employee(s) any such amount. The 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 Lateral Hires For any police officerhired from a secondary register("lateral officer"),the lateral officer's starting salary will be equal to their years of experience as a full-time sworn police officer in the State of Illinois, up to and including the fifth(Sth)step of the Village's pay plan stated in Section 6.1 in effect at the time. The Chief may, in his/her discretion, allow lateral hires with more than 5 years' experience to be placed up to two(2) additional steps above the lateral officer's years of experience and within the Village's pay plan stated in Section 6.1 and in effect at the time. Said discretion shall be exercised in a non arbitrary or capricious manner. All other benefits for lateral hires, including, but not limited to,vacation, seniority and longevity, shall be at the same level as an entry level officer. Section 11.2 Defmition of Seniority Departmental seniority shall be defined as the length of service from the last date of beginning continuous full-time employment as a sworn Peace Officer in the Department and uninterrupted by termination of employment. Conflicts of departmental seniority shall be determined on the basis of the order of the officers on the Board of Fire and Police Commission hiring list, with the officer higher on the applicable list being the more senior. Where the term "seniority" is used in this Agreement, it shall mean departmental seniority unless otherwise specified. Section 11.3 Probationary Period All new employees and those rehired after termination of employment shall be considered probationary employees until they complete a probationary period of eighteen(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 temiination 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 time (i.e., day for {00860650.DOCX v. 1 } 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). 5ection 11.4 Seniority List The Village will provide the Union with a seniority list setting forth each emplo�;ee's seniority date on an annual basis within a reasonable period of time after the Union's written request. Section 11.5 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 perfornvng 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 11.6 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(21)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 11.7 Termination of Seniority Seniority and the employment relationship shall be terniinated for all purposes, subject to confumation 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; {00860650.DOCX v. 1 } 27 E. is laid off and fails to notify the Police Chief or 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 injury compensable under workers' compensation, disability pension, or a layoff where the employee has recall rights. Extensions 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 11.8 Bene�ts During Layoff During the period of time 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 premium for single and if desired, family coverage. C. If an employee is recalled, the amount of accumulated sick leave days that the employee had as of the effective date of the layoff shall 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 of time when an employee is receiving workers' compensation or disability pension benefits for a work related injury. ARTICLE XII 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 remain in full force and effect. In such event,the parties shall, upon request of either party,upon thirty(30) days'notice of any determination, commence good faithbargaining over possible replacement language for the invalidated Article, Section or portion of this Agreement. {00860650.DOCX v. 1 } 2g ARTICLE XIII Section 13.1 Duration of Agreement This Agreement shall be effective as of the day after the Agreement is executed by both parties and shall remain in full force and effect until 11:59 P.M. on the 31st day of December, 2026. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least ninety (90) calendar days prior to the December 31st 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 December 31st anniversary date. Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after the expiration date and until a new Agreement is reached unless either party gives at least ten (10) calendaz days' written notice , to the other party of its desire to terminate this Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragra.ph of this Section. Notwithstanding any provision of this Article or Agreement to the contrary,this Agreement shall remain in full force and effect after the expiration date and until 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 Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragraph of this Section. This Agreement executed by Ordinance2A2 y-o��yn December 2— ,2024 by the Village of Buffalo Grove Boazd of Trustees and signed by: For the Village of Buffalo Grove For the Metropolitan Alliance of Police Chapter #672 ��.—.— � Eric Smith, Village President Mr ith R. eorge, President M tropo 'tan lliance of Police � � Dane C. Bra g, Village Manager Dere a ' , Chapter President {00860650.DOCX v. 1 } 29 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is hereby made and entered into by and between the METROPOLITAN ALLIANCE OF POLICE,Chapter#672("MAP"or the "Union") and the VILLAGE OF BUFFALO GROVE and its Police Department (the "Employer" or "Village"), collectively referred to as the"Parties". WHEREAS,the Village and MAP recognize that officer-wom body cameras may provide impartial evidence and documentation related to officers' contact with the public and allegations of officer misconduct by helping to collect evidence while also improving transparency and accountability, and strengthening public trust; and, WHEREAS,the Village is mandated by Illinois law to implement a policy related to the use of officer-worn body cameras which has been recognized as a tool for potentially enhancing police accountability, exonerating wrongfully accused officers, and helping to maintain the integrity of our criminal justice system; NOW, THEREFORE, the Parties have agreed to the following: 1. The Village and MAP are parties to a collective bargaining agreement covering the period from January 1, 2024 through and including December 31,2026 (the"CBA"). 2. T'he Village's Chief of Police has adopted a Body Worn Camera Policy (referred to herein as the "BWC Policy" and attached hereto as "E�ibit A"). The BWC Policy will be construed and administered pursuant to the terms of this MOU and the Illinois Officer Wom Bod.y Camera Act, 50 ILCS 706 (the "Act"). This BWC Policy will be incorporated by reference into the collective bargaining agreement between the Village and MAP (the"CBA")as to the covered employees. 3. Once this MOU is signed by authorized representatives of both Parties, in additian to emailing a copy of the BWC Policy and MOU to all employees, the Chief of Police(or designee) will also post this MOU and the BWC Policy on the MAP bulletin board for all officers to review. 4. In the event of a breach of this MOU by either Party, the issue may be raised pursuant to the grievance process contained in the parties' CBA. 5. When an of�cer is asked to give a statement as part of a Department investigation related to the officer's own conduct involving their own use of force and/or another act that could lead to disciplinary action against that officer, the officer shall have the option of reviewing their own BWC video in accordance with Section 10-20(6)(A) of the Act. 6. The Parties acknowledge and agree that the viewing of any BWC video by an officer pursuant to this MOU or the BWC Policy shall not occur unless both: (a) a designated representative of management is present at the time of the viewing, and(b)any written orrecorded statement provided by the officer will reflect the fact that the officer has viewed the video in advance of providing the statement or recording. 7. Body worn cameras may be activated remotely or "live streamed" only if the Village has a good faith reason to do so for a legitimate safety issue and/or ongoing emergency. If {00860645.DOCXv.1 } 1 an officer's body worn camera is remotely activated,the Village will notify the affected officer prior to the time unless it is impracticable to do so because time is of the essence due to an ongoing emergency. 8. The"video recall" function(not to be confused with"buffering")shall only be used for the purpose of advancing a criminal investigation or far officer safety purposes. Video recall function may only be used for disciplinary purposes if it demonstrates criminal behavior on the part of the officer. 9. Within 30 days of the execution of this MOU, Employer shall provide refresher training to all employees regarding the use of BWCs, the BWC Policy, and this MOU. 10. There is nothing in the MOU that is construed as a waiver of an officer's right to claim that a portion of the recording contains a communication that is protected by a legally recognized privileged relationship (e.g., spouse, attomey,labor representative,minister, etc.). Any claim of privilege will be addressed and resolved pursuant to UPODA and the state and federal laws, when applicable. Note: A privileged conversation does not include a conversation with another officer or supervisor while still actively engaged in a call for service, investigation, community care taking function and/or law enforcement encounters or activities. An officer may mute the BWC for a privileged conversation. Prior to muting the BWC on the basis of a privileged communication, the officer shall truthfully identify the reason for muting the B WC(e.g. an officer could say, "I am muting the B WC to speak with my Union representative"). Upon terminating the privileged communication, the employee shall unmute the BWC. Inadvertently, recorded privileged communications shall not be knowingly reviewed by the Employer without a Union representative present. 11. If there is a conflict between this MOU and applicable law,the law will govern. If there is a conflict between an express provision of this MOU and an express provision of the BWC Policy, this MOU will govern. 12. If any change of this MOU or the BWC Policy is necessary by virtue of a change of the Act and/or arising out of any new or changed caselaw or regulations interpreting the Act, the Parties agree to negotiate the impact of the change on the BWC Policy and/or this MOU. 13. The Parties agree that the terms of this MOU and the portions of the BWC Policy that involve mandatory subjects of bargaining only shall be considered the bargained for "status quo"for purposes of bargaining a successor CBA. ' 14. Except as provided by the Freedom of Information Act (including opinion letters of authorized of�cials related to FOIA)�and/or another applicable law, recordings made with the use of an officer worn body camera are not subject to disclosure to third parties. 15. In the event any portion of this MOU should be held invalid and unenforceable by any Board, an administrative agency or court of competent jurisdiction, or by reason of any subsequently enacted legislation or case law, such decision or legislation shall apply only to the specific portion thereof specifically specified in the Board, agency of court requires while all remaining parts or portions of this MOU(and/or the BWC Policy, if affected)shall remain in full force and effect. {00860645.DOCXv.1 } 2 16. This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 17. By signing below, the Union and Employer represent the person executing this MOU have the authority to do so and lawful authority to bind the Parties to the terms ofthis MOU. FOR THE VILLAGE OF BUFFALO FOR THE METROPOLITAN GROVE ALLIANCE OF POLICE �' ,�-- �_-- Date: �L�y�2o2 y FOR THE METROPOLITAN ALLIANCE OF POLICE, CAAPTER #672 Date: !� �22/?,.2y {00860645.DOCXv.1 } 3 EXHIBIT "A" ��'�"���► ���� 2�i � �• :y�� , '�: '1�`.�*S�r� • GENERAL ORDER Date of Issue Effective Date No. December 2 2024 December 2 2024 P-07 subject Distribution Amends BODY WORN CAMERAS A P-07,issued 07/15/23 Reference Rescinds General Orders A-O5,A-61, I-22,K-11 P-07, issued 11/O1/22 720 ILCS 5/14-2, 720 ILCS 5/14-3, 50 ILCS 706/10 CALEA 41.3.8 PURPOSE: The purpose of this policy is to provide personnel with instructions on when and how to use body-worn cameras to record interactions with the public. The terms of the Memorandum of Understanding entered into by the Employer and the Union are incorporated by reference into this Order and will govern in the event of a conflict with the provisions of this Order. DISCUSSION: The Buffalo Grove Police Department ("Department") provides sworn officers and Community Service Officers with body-worn cameras. The department is committed to the belief that video and audio documentation of an officer's encounter with the community is an important and valuable resource. The use of these cameras will help to facilitate professionalism, accountability, and transparency by documenting interactions with the public. The Department strives to respect the reasonable privacy expectations of civilians and others, as provided by law. DEFINITIONS: The terms used in this Policy will be consistent with the definitions used in the Illinois Body Worn Camera Act, 50 ILCS 706/10-1 et. seq. (the"Act"),including the following: Body-Worn Camera (BWC): An electronic camera system and recording medium for creating, generating, sending,receiving, storing, displaying, and processing audiovisual recordings. BWC Administrator: A Department member responsible for oversight of the Department's BWC Program, under the supervision of the Chief of Police(or designee). Buffering Mode: The device feature for which the camera continuously video records and holds the most recent 30 seconds of video prior to record activation; audio recording is not captured when the camera is in this mode. With this feature, the initial event that causes the officer to activate the recording is likely to be captured automatically. {00861188.DOC v. 1 } General O�er P-07, Body-Worn Cameras Page 2 V'uleo Recall: The device feature which captures lower-resolution video when the camera is not actively recording, retrievable for a period within the last 18 hours of active camera use. Audio recording is not captured when the camera is in this mode. Community Caretaking Function: A task undertaken in which the officer is perfornvng an articulable act unrelated to the investigation of a crime. Examples of community caretaking functions include (but are not limited to):participating in town halls or other community outreach, helping a child find his or her pazents, providing death notif'ications, and performing in-home or hospital well-being checks on the sick, elderly or persons presumed missing. (Note: "community car�taking functions" as used in this General Orzier, exclude law enfor�ement related encounters or activities.) Event Mode: When the event button on the BWC is activated the camera is recording both audio and video for up to twelve hours. The buffered video, not audio,captured directly before the event will be saved and attached to the event's permanent memory. Flag: To mark important evidence that can be found more easily in the future. Evidence can be filtered by flagged status and evidence files quickly viewed. Uniform: A law enforcement officer who is wearing any of�cially authorized uniform designated by a law enforcement agency, or a law enforcement of�cer who is visibly wearing articles of clothing, a badge, tactical gear, gun belt, a patch, or other insignia that they are a law enforcement officer acting in the course of their duties. Label: Process of documentation the evidence Title, Case ID, and Description. Law Enforcement Related Encounters orActivities: This includes, but is not limited to traffic stops, pedestrian stops, arrests, searches, interrogations, investigations, pursuits, crowd control, traffic control, non-community caretaking interactions with an individual while on patrol or any other instance in which the officer is enforcing the laws of the municipality, county, or state. This does not include situations where the officer is completing paperwork alone or is only in the presence of another law enforcement officer. ORDER: A. Training Requirements: 1. All officers must complete mandatory training provided by the Department to obtain an understanding of how to use the BWC system and the procedures outlined in this Order. (a) This training shall be role-specific and an accurate record of the officer's participation in the training exercises will be maintained by the Department. (b) Training shall include a review of the Department's BWC Policy statement, program objectives, this Order, and the technical aspects of the operation of BWC systems. {ooa�i iss.Doc�.i} General Orz�er P-07, Body-Worn Cameras Page 3 (c) Additional training may be required at periodic intervals for officers displaying substandard performance in the use of the BWC, when there has been a procedural or BWC Policy change, and/or as otherwise deemed appropriate by the Chief(or designee). 2. Recordings may be used for instruction,training, or ensuring compliance with this Order. Officers who are awaze that a particular recording may be used for training should notify the BWC Administrator (or designee) in advance who may review the recording to determine its feasibility and value as a training tool if deemed appropriate to do so. (a) Of�cers involved in a recording that will be used for training shall be notified in person by a supervisor. This practice will help to facilitate a discussion regarding the purpose of using the recording and allows the officer to express concems (if any) about using the recording for training purposes. (b) The use of recordings for training shall not be used to belittle, ridicule, or embarrass any officer. (c) Recordings designated for training purposes may be viewed by of�cers in the presence of a training instructor, supervisor, or field training of�cer. (d) These recordings may be retained longer than the applicable storage retention time at the discretion of the Chief of Police or designee. (e) Requests from an outside agency for BWC footage for the purposes of training shall be forwarded to the BWC Administrator (or designee) for consideration and fmal approval by the Chief of Police prior to release to the outside agency. Prior to sharing with an outside agency for training purposes, Employer will inform any employee whose likeness or voice is captured on the video. At the employee's request the video/audio will be obscured to make the employee not readily identifiable, except when prohibited by law. B. Responsibilities 1. Officers dressed in uniform and working a shift, detail, or a special event, shall wear their assigned BWC at all times while on duty, except as expressly provided otherwise in this Order. 2. Prior to beginning their shift, officers shall inspect and test their assigned BWC to verify proper functioning and ensure the battery is fully charged in accordance with the manufacturer's recommendation. 3. Officers shall also inspect the BWC for signs of visible damage. As soon as practicable, any visible damage or concerns about the functionality of the BWC equipment will be documented and brought to the attention of the officer's {ooa6i iss.Doc�.i} General Order P-07, Body-Worn Cameras Page 4 immediate supervisor. If the BWC is damaged or is deemed inoperable, the supervisor will arrange for the of�cer to utilize a replacement BWC. Spare BWCs are stored in the Armory for this purpose. 4. Supervisors have authority and responsibility to ensure all of�cers comply with this Order. 5. Should an incident arise that requires the immediate retrieval of the recorded media (i.e., officer-involved shooting or serious officer-involved incident), a supervisor (ideally one who is not involved in the incident) shall respond to the scene and retrieve the body camera(s) that may have captured the incident and ensure the proper upload and preservation of the recorded media pursuant to this Order. The officer(s) involved shall remain out of service until equipped with a fully functioning BWC. 6. At the end of their shift, officers who are not expressly authorized to take their BWC home shall return the BWC to the docking station for uploading. The camera. shall remain at the docking station until the of�cer's next shift. Officers are not authorized to bring the camera home with the following exception after obtaining prior express permission from the Chief of Police(or designee). 7. To accommodate the likelihood of responding to scenes from home, officers assigned to NIPAS, ICE, DEA, Major Crime Task Force (or other task force) as well as the Department K9 Officer are authorized to take BWCs home. These officers are responsible for ensuring the timely docking of their BWCs for downloading of content and firmware updates. However, officers who are assigned to a task force are required to comply with the policy of the agency they are assigned to. In the absence of a task force BWC policy,this Policy shall apply. C. Activation of Body-Worn Camera Of�cers are required to turn on their BWC at all times when the of�cer is wearing their uniform and are responding to calls for service or engaged in any official related encounter or activities occurring while the officer is on duty, subject to the express and limited exceptions listed in this Order. Officers shall use only Department issued BWCs. 1. The BWC will automatically switch from Buffering Mode to Event Mode when the of�cer activates the emergency lights on their own police car. 2. Officers sha11 utilize their Department-issued BWC in the performance of their law enforcement-related duties; exceptions may be granted by the Chief of Police or designee. 3. Officers have discretion as to the placement of the BWC, as approved by the Department pursuant to this Order and consistent with manufacturer recommendations. {ooa�i ias.Doc�.i} General Order P-07, Body-Worn Cameras Page S 4. Officers should ensure their BWC is in Buffering Mode while on duty This ensures that the previous 30 seconds of video is captured when the camera transitions to event mode. 5. Officers assigned a BWC shall change the system from Buffering Mode to Event Mode to record the entire incident for all the following reasons (not all-inclusive list): (a) When involved in an emergency driving situation and the officer knows or reasonably should have known the police car does not have a functioning in-car camera. If the police car has a functioning in-car camera, officers have the discretion to leave their BWC in Buffering Mode while driving. Of�cers responding in a personal vehicle are not required to have their BWC on or in Buffering Mode. (b) Execution of a search warrant, arrest warrant, or a consent search in which the officer is looking for a suspect. (c) Foot pursuits. (d) High-risk situations. (e) Any call for service. (� The initial crime scene search and processing. In instances in which the crime scene search and/or processing will be for an extended period, the BWC is not required to be in Event Mode. However, when the of�cer believes there is a reasonable likelihood of coming into contact with unauthorized person(s), the BWC shall be transitioned to Event Mode. (g) Transporting a detainee or person(s) not in custody,regaxdless of gender. (h) If multiple officers are transporting or detaining a person in custody, all officers on the call are required to record the transport or detention of a person by keeping their BWC on until the call is cleared through dispatch. (i) Prior to arriving at a dispatched call or when self-initiating a response to a call. 6. Evidence Technicians processing a crime scene after the initial response by of�cers are not required to activate their BWC while processing the scene unless they encounter another law enforcement activity that requires the activation of the BWC. 7. Field Training Officers wearing plain clothes shall be equipped with a BWC and shall use the camera in accordance with this Order. {00861188.DOC v.1} General Order P-07, Body-Worn Cameras Page 6 8. Officers working a detail (e.g., Buffalo Grove Days, Bike Rodeo) will wear their BWC in the Buffering Mode while working the detaal. The camera will be transitioned to event mode in accordance with this Order should any law enforcement-related activities occur during the detail. 9. When exigent circumstances exist, that prevent the BWC from being immediately turned on Event Mode, the BWC shall be turned on Event Mode as soon as practicable. The circumstances of any known delay (beyond immediate change to Event Mode) shall be documented in the of�cer's incident report or a supplemental report upon learning of said delay. 10. Verbal notification to the person being recorded is not required by law, except when there is a reasonable expectation of privacy. However, Officers are encouraged to provide notice to the subject being recorded unless it is unsafe or impractical to do so, or if exigent circumstances exist (e.g. undercover assignment, dealing with a juvenile, victim sensitive situation, or other similar circumstances). Generally, if a person inquires as to whether a body camera is in use or whether a recording is being made, absent a safety reason or other legitimate law enforcement reason, officers shall provide a prompt and truthful response. (a) It is suggested that the officer provide a verbal statement indicating a body camera is recording the interaction. Example: "My body camera is on;you are being recorded." 11. During the recording of an incident, officers shall not turn off their BWC until the entire incident has been recorded. In instances where case strategy or tactics is being discussed and release of the information will comprise an investigation, the BWC shall remain in Event Mode. However, the information will be redacted and released pursuant to the applicable laws, including FOIA and the BWC Act when applicable. 12. In the event of an arrest, the incident for the purposes of switching from Event to Buffering Mode is considered concluded after the point at which the subject has been transported and escorted into the police station. 13. Officers have the discretion to continue recording through the booking process to the time the subject is placed in a cell at the police station. (a) The recording of officers serving in an undercover capacity should be avoided unless otherwise directed by a supervisor. In instances where undercover officers are recorded, the identity of the officer will be redacted. If the recording is requested through the Freedom of Information Act (FOIA) it will be released in accordance with the provisions outlined in the Law Enforcement Officer Worn Body Camera Act and FOIA. {oos6i iss.Doc�.i} General Order P-07, Body-Worn Cameras Page 7 (b) When other recording mechanisms in the holding facility are not in use, the officer's BWC shall be in Event Mode when the Miranda warning is being provided to the person in custody. 14. If the officer fails to promptly activate the BWC to Event Mode (for any reason) and does not record the entire incident or otherwise interrupts the recording for any reason, the officer shall as soon as possible follow up with a verbal explanation on the BWC while it is in Event Mode, the time, place and reason why the recording was not made, was interrupted or discontinued. The circumstances involved shall also be documented in the officer's incident report. 15. If an incident report is taken, the officer shall document in the report that the incident or interaction was recorded by a body-wom camera. D. When to Leave the BWC in Buffering Mode Officers have the discretion to leave the BWC in Buffering Mode under the following circumstances: 1. When inside a police cax that is equipped with a functioning in-car camera. (a) However, officers may encounter a situation requiring them to exit their police car during a transport, such as escorting a person in custody out of the police car or when it is probable a law enforcement-related citizen interaction is going to occur. In these instances, the transporting officer shall ensure their BWC is in Event Mode. If there are multiple transporting officers, all of�cers need to ensure their BWCs are in event mode. 2. While engaged in a Community Caretaking Function,provided that the activity is not the result of a call for service. (a) However, the BWC shall be in Event Mode if the officer has reason to believe that the person on whose behalf the officer is performing a Community Caretaking Function has committed or is in the process of committing a crime. (b) If exigent circumstances exist which prevent the BWC from being turned to Event Mode, the BWC shall be turned to event mode as soon as practicable. 3. When the person being arrested is cooperative and safely secured inside the station. (a) If the person becomes uncooperative or if some potential evidentiary purpose arises, officers shall resume recording in Event Mode until the officer no longer has contact with the subject. {ooa�i isa.Doc�.i} General Order P-07, Body-Worn Cameras Page 8 E. Reasonable Privacy Ezpectation Private citizens do not have a reasonable expectation of privacy when interacting with police officers during the scope of an officer's official duties, even when the contact is in a private residence. When officers are lawfully present in a home, during official duties, there is no reasonable expectation of privacy. Whenever practicable, officers are encouraged to provide notice to the subject being recorded unless it is unsafe to do so, or if exigent circumstances exist. 1. The officer must provide notice of recording to any person if the person has a reasonable expectation of privacy and proof of notice must be evident in the recording and documented in the officer's incident report. Consent to continue audio recording must be obtained. Proof of the notification and consent must be evident in the recording and documented in the officer's incident report. (a) Once the initial notice of recording has been provided, the notice requirement has been satisfed, even when another individua.l becomes a pa.rty to the communication. (b) When consent is not obtained, Event Mode shall be deactivated. (c) If exigent circumstances exist which prevent the of�cer from providing the notice, notice must be given as soon as practical, and the exigent circumstances should be noted in the incident report by the officer. 2. A person's objection to being audio and video recorded will not be honored in situations pursuant to an arrest or search of a residence. A subject who is being arrested does not have a reasonable expectation of privacy. 3. If an officer is uncertain as to whether a reasonable expectation of privacy exists, the officer shall provide verbal notice to the person being recorded that they are being recorded. 4. Members shall make good faith efforts to minimize or prevent any inadvertent or intentional surreptitious recording of another Department member,unless lawfully authorized by the Chief of Police or the authorized designee. Further, an officer will promptly disclose any such recording to their supervisor and the subject of the recording,upon discovery of any such inadvertent or intentional recording that was not expressly directed by and authorized by the Chief or authorized designee. 5. Officers are prohibited from using personally owned devices to record their actions,both video and audio,while on duty. F. The BWC should not record under the following circumstances: 1. Inside ambulance,medical, and psychiatric facilities. {oos�i iss.Doc�.i} General Orrler P-07, Body-N'orn Cameras Page 9 (a) Except when a situation arises that the officer reasonably believes to serve a proper police purpose such as when a detainee is violent or combative with officers, EMS personnel, or hospital personnel. Reasonable attempts shall be made to avoid recording persons other than the suspect. 2. Personal activities or other Department members during routine, non-enforcement related activities (e.g. locker rooms, break rooms, restrooms, completing incident reports, case discussions with personnel). 3. The incident involves sensitive exposures of private body parts unless required for capturing evidence. 4. Locations where a reasonable expectation of privacy exists, such as a dressing room, or restroom, unless required for capturing evidence. Refer to Section E. of this policy for more information on a reasonable expectation of privacy. 5. The officer is interacting with a confidential informant, undercover of�cer, or assisting a special division in a sensitive operation where confidentiality is imperative to the operation unless previously approved by a supervisor. 6. A victim of a crime, witness of a crime, informant, or community member who wishes to report a crime request that the BWC be turned to Buffering Mode and such request is made on the recording,unless impractical or impossible to do so. (a) However, the officer may continue to record or resume recording if e�gent circumstances exist, or if the officer has a reasonable and articula.ble suspicion that the person who requests not to be recorded has committed or is in the process of committing a crime. Under these circumsta.nces, unless unpracticable or impossible, the officer shall indicate on the recording the reason for continuing to record, despite the objection of the person being recorded. The circumstances also should be included in the incident report. 7. The officer is engaged in scene protection, monitoring a traf�c post, or other similar activity and reasonably believes there is no longer any necessity to record. 8. The surreptitious audio recording of a private conversation or when there is a reasonable expectation of privacy is prohibited by law and a violation of this Order. G. BWC Use for Non-Uniformed Officers 1. Officers assigned to Investigations, or any other non-uniformed position shall wear a BWC when they are wearing outer protective vests which identify them as police officers. Those individuals are considered in "Uniform" for purposes of this Order. {oos6i isa.Doc�.i} General O�er P-07, Body-Worn Cameras Page 10 2. Of�cers assigned to Investigations, or any other non-uniformed position shall be equipped with a BWC and shall record pursuant to this Order in the following situations: (a) An in-person interrogation, whether custodial or non-custodial, of an individual suspected of committing a crime, regardless of the location of that interrogation. (b) A planned arrest detail. (c) Execution of a search warrant i. Officers involved in the execution of a search warrant ma.y deactivate the BWC once the scene is secure if they are not involved in an interrogation or are no longer in direct contact with citizens involved in the search warrant. (d) A Uniformed detail. (e) A Uniformed patrol assignment (� Any enforcement stop of a person or vehicle. (g) Response to an emergency call for service. (h) Any other la.w enforcement encounters as directed by a supervisor. (i) However, the officer ma.y continue to record or resume recording if exigent circumstances exist, or if the officer has a reasonable and articulable suspicion that the person who requests not to be recorded has committed or is in the process of committing a crime. Under these circumstances, unless impracticable or impossible, the officer shall indicate on the recording the reason for continuing to record, despite the objection of the person being recorded. The circumstances also should be included in the incident report. 3. When an interrogation that must be recorded by law or this Order takes place in a location that has other video and audio recording options, such as an interview room, that equipment may be used in lieu of the officer's BWC. 4. Of�cers assigned to the Investigations Unit, or any other non-uniformed assignment ma.y carry and use an approved BWC pursuant to this Order at any time the officer believes that such a device is or may be useful in recording statements from other involved parties or documenting evidence. {oos�i iss.Doc�.i} General Order P-07, Body-Worn Cameras Page 11 5. Officers involved in the execution of a search warrant may deactivate the BWC once the scene is secure if they are not involved in an interrogation or are no longer in direct contact with citizens involved in the search warrant. 6. Non-uniformed officers will have their assigned BWC available and charged and in proper working order all times while on duty. 7. Non-uniformed officers are subject to the same requirements and restrictions as uniformed officers as outlined in this Order. 8. This portion of the Policy does not apply to employees working in an outside taskforce. H. Prohibited Use of Body-Worn Cameras 1. A BWC shall not be used to record: (a) Communications with other police personnel during routine, non- enforcement related activities. (b) Communications with other police personnel during planning and tactical discussions. (c) Encounters with undercover officers or informants. (d) When an officer is on break or is otherwise engaged in personal activities. 2. Officers who inadvertently activate the body camera during non-law enforcement activities shall notify their supervisor immediately (and in no event later than the end of the shift). The supervisor who was notified will as soon as possible classify the recording as "Restricted" The Deputy Chief or BWC Administrator (or designee) will review the restricted recording only to the point where it can be determined that the recording was appropriately classified as "Restricted." Only the Deputy Chief, the Chief of Police, BWC Administrator (or designee) other Department personnel authorized by the Chief of Police, will have viewing rights for recordings classified as "Restricted." "Restricted" recordings will be retained for a period of 90 calendar days. 3. Officers are prohibited from using any Department-issued BWC or recording media for personal use. Officers are also prohibited and from making copies of any recording(s) created while on duty or while acting in their official capacity without the prior written/express permission of the Chief of Police in advance. 4. Recordings shall not be used by any officer for the purpose of entertainment, embarrassment, or ridicule. 5. Officers who are off-duty and who take official action are not expected to have their assigned BWC in use pursuant to this Order. {ooa�i iss.noc�.i} General Order P-07, Body-Worn Cameras Page 12 6. Officers shall not edit, alter, erase, duplicate, copy, shaxe, or otherwise distribute in any manner BWC recordings (or any portion thereo� without prior written authorization by a supervisor. 7. Any officer committing a violation of this Order, or the Act related to the unauthorized or improper edits, alterations, and/or dissemination of this data may constitute just cause that is the basis of disciplinary action (including dismissal if appropriate based on the circumstances involved) or other sanctions as provided by law. I. Accidental Recordings and Deletion 1. In the event of an accidental activation of the BWC during non-enforcement or non-investigative activities, or in a situation where a reasonable expectation of privacy exists, officers may request approval for a portion of the recording to be " deleted through their supervisor upon submitting a BWC Recording Deletion Request form(Appendix I), and subject to the remaining conditions in this Order. 2. Requests of deletion approved by a supervisor shall be forwarded to the BWC Administrator (or designee) for review and approval prior to deletion. Recordings deemed by the administrator to hold no official purpose shall be deleted. Deletions shall be made by the BWC Administrator(or designee). 3. The BWC Administrator (or designee) shall maintain all completed BWC Recording Deletion Requests (including requests that were denied). J. Review of Body-Worn Camera Officers make decisions based on the totality of human senses. In some instances, an officer's recollection of specific details ma.y be different than what is captured on digital recordings using BWC systems since these systems only capture audio and video. The review of recordings can provide a cue to an officer's memory to recall more facts and greater detail about an incident. 1. All images and sounds recorded by a BWC are the exclusive property of the Buffalo Grove Police Department. 2. The recording of�cer and/or his/her supervisor may access and review BWC recordings prior to completing an incident report or other documentation, provided that the officer or his/her supervisor discloses that fact in the incident report. However, the recording of�cer shall not have access to or review his/her BWC recordings or BWC recordings of another officer prior to completing incident reports or other documentation when the officer is forbidden from doing so by law. (a) If an officer is involved in, or is witness to, an of�cer involved shooting, or use of force incident resulting in great bodily hann, prepares a report, any initial report shall be prepared without viewing BWC recordings, and {oos�i iaa.noc�.i} General Order P-07, Body-Wom Cameras Page 13 subject to supervisor approval, of�cers may file amendatory reports after viewing BWC recordings. Supplemental reports under this Section shall also contain documentation regarding access to the video footage. 3. Supervisors are authorized to review BWC recordings at any time including when they are investigating alleged misconduct or reports of ineritorious conduct or whenever such recordings would be beneficial in reviewing an officer's performance or for other business reasons authorized in advance by the Chief of Police. 4. Recordings shall not be used to discipline law enforcement of�cers unless: (a) A formal or informal complaint of misconduct has been made;or (b) A use of force incident has occurred;or (c) The encounter on the recording could result in a deterniination that a Formal Investigation was initiated under the Uniform Peace Of�cers' Disciplinary Act; or as corroboration of other evidence of misconduct by an officer. 5. The recording officer or his/her supervisor may not redact, label, duplicate, or otherwise alter the recording officer's camera recordings. 6. Supervisors also can grant access for officers to view each other's recordings in appropriate cases. Supervisors may do so under the same circumstances outlined above in Section J.2 if the supervisor reasonably believes that an officer's viewing of another officers' recording(s) would assist the reporting of�cer in completing their incident report or other documentation. 7. Multiple officers assigned to the same incident are also allowed to view all recordings prior to completing their own police reports if authorized by a supervisor. 8. Supervisors may also grant field training officers access to their trainee's recordings for review as part of the field training process. 9. Video Recall: (a) The Video Recall feature will only be utilized with the written approval of the Chief or Deputy Chief of Police,when: i. There is an allegation of serious misconduct as deemed necessary by the Chief of Police or activation of the BWC was required by law. u. In furtherance of a criminal investigation that has been initiated on the officer or suspect. {oos�i iss.Doc�.i} General Onder P-07, Body-Worn Cameras Page 14 ui. The employee is incapacitated and/or unable to recall the video on their own. iv. To capture meritorious actions performed by the officer. v. The officer requests a video be recalled on their BWC for legitimate police or administrative purposes. (b) In the event an employee's video has been recalled, the employee will be notified within 48 hours unless the video being recalled is related to an ongoing criminal investigation. (c) The video recall feature will not be used as the basis of disciplinary action against an officer for minor misconduct that alone is not the basis to initiate a Formal Investigation pursuant to UPODA. K. Supervisor Authority for Administration of this BWC Policy 1. Supervisors shall promptly report BWC system malfunctions or damage to the BWC Administrator(or designee). 2. Patrol shift supervisors shall conduct one random review of an officer's BWC, if applicable, of each subordinate of�cer on a quarterly basis. The random review will consist of a minimum of three different video-recorded events. The reviews are automatically logged within the video system and should be documented in the supervisor's log as one entry per quarter and may be included in the officer's annual performance evaluation when appropriate. An audit trail of all videos "randomly" reviewed by every patrol shift supervisor will be kept a.nd made available to the Union upon request. (a) The purpose of these random reviews is to ensure that equipment is operating properly as well as to ensure that officers are using the cameras appropriately and in accordance with this Order and training exercises. (b) Minor infractions discovered during the routine supervisory review of recorded material should be viewed as training opportunities and not as routine disciplinary actions. The appropriate disciplinary action should be taken (if any) if the behavior or action becomes habitual after being informally addressed and not promptly remedied through training or coaching of the officer. 3. Supervisors may review and flag videos for training purposes and utilize them for same. However, training videos shall not be used in a manner where it is reasonably likely to embarrass, humiliate, degrade, or otherwise duninish an employee before their peers, supervisors, of�cials, or the public. {ooa�i iss.Doc�.i} General Orz�er P-07, Body-Worn Cameras Page 1 S 4. Supervisors shall not review recordings for the sole purpose of searching for violations of department policy or law not related to a specific complaint or incident. 5. If policy violations are observed by a supervisor, the primary goal of the supervisor shall be correcting the violations through employee counseling and/or additional tra.ining. Unless the violation observed is illegal or egregious, discipline shall be reserved for officers with repeat violations of the same policies if the violations fall under Section 6 below. 6. In addition to the random review of recordings listed above, supervisors may review recordings under the following circumstances. Illinois law provides that recordings shall not be used to discipline law enforcement officers unless: (a) A formal or informal complaint of misconduct has been made. (b) The encounter on the recording could result in a formal investigation under the Uniform Peace Officer's Disciplinary Act. (c) A use of force incident has occurred. (d) A vehicle or foot pursuit has occurred. (e) As corrobora.tion or other evidence of misconduct. Recordings shall not be used to prepare perfortnance evaluations unless used to correct substandard employee performance that was brought to the supervisor's attention or highlight the commendatory performance of an employee. L. Uploading and categorization 1. All BWC recordings may be treated as evidence. 2. The BWC system will be placed in the proper charging receptacle at the end of each shift by the officer who used the BWC. 3. If the system has uploading capabilities, the BWC unit will be placed in the appropriate docking station to facilitate the transfer of recordings. 4. Once the recording has been uploaded,the officer is responsible for reviewing the footage and assigning data into categories and properly labeled/identified in accordance with the records management system and Department policy. 5. When applicable, of�cers shall tag the segments of the recordings that have evidentiary value and label them according to the event number, case number, officer's name, and badge number. 6. Identification/labeling for the BWC recording shall include all of the following:: {oos�i iss.Doc�.i} General Ort�er P-07, Body-Worn Cameras Page 16 (a) Buffalo Grove Police Department case number or event number where no case number was issued. (b) Officer's name,badge number, and date. 7. Each recording file shall be appropriately titled. Officers shall add the incident location after the date and time, and if applicable, the subject's name and date of birth. 8. All BWC recordings shall be properly marked and identified as soon as practicable. M. Retention Requirements for Body-Worn Camera Recordings 1. Recordings made on BWCs shall be retained for 90 days. 2. Under no circumstances shall any recording, except for a non-law enforcement- related activity or encounter, made with an of�cer-worn BWC be altered, erased, or destroyed prior to the expiration of the 90-day storage period. 3. In the event any recording made with a BWC is altered, erased, or destroyed prior to the expiration of the 90-day stora.ge period, the law enforcement agency shall maintain, for a period of one year, a written record including all of the following: (a) The name of the individual who made such alteration, erasure, or destruction, and (b) The reason for any such alteration, erasure, or destruction.(50 ILCS 706- 10-20) 4. After the 90-day mandatory storage period, recordings must be destroyed unless any of the following occur(See 50 ILCS 706-10-20 for remaining provisions): (a) A formal or informal complaint has been filed. (b) The officer discharged their firearm or used force during the encounter. (c) Death or great bodily harm occurred to any person in the recording. (d) The encounter resulted in a detention or arrest other than a traffic stop resulting in only a minor traffic offense or petty offense with a fine of more than$1,000.00. (e) The officer is the subject of an internal investigation or otherwise being investigated for possible misconduct. (� The supervisor of the officer, prosecutor, defendant, or court determines that the encounter has evidentiary value in criminal prosecution. {oos6i igg.Doc�.i} General Order P-07, Body-Worn Cameras Page 17 (g) The recording officer requires that the video be retained for official purposes related to his/her official duties. 5. Under the circumstances listed above in point 4 of this Section of the Order, the recording of the encounter shall not be altered or destroyed prior to two years after the recording was flagged. If the recording is used in a criminal, civil, or administrative proceeding, the recording shall not be destroyed except upon a final disposition and order from the court. 6. The above-listed retention/storage requirements in this Order mirror the Act and will be updated in the event of a change in the Act or other applicable law. 7. Recordings may be retained anytime a supervisor designates the recording for training purposes and may be viewed by officers, in the presence of a supervisor or training instructor, for instruction, training, or ensuring compliance with Department policies, subject to the rema.ining provisions of this Order. N. Release of Body-Worn Camera Audio/Video Recordings 1. All requests for audio/video recordings shall be released in compliance with the Freedom of Information Act and the State of Illinois Law Enforcement Body- Worn Camera Act (50 ILCS 706/10-20). 2. Prior to the release of any video, the FOIA of�cer and BWC Administrator (or designee)shall review and approve the requested video. O. Access and Review Authorization of Body-Worn Camera Recordings 1. The following also have access to all BWC recordings: (a) The Chief of Police (b) Deputy Chiefs of Police (c) BWC Administrator(or designee) (d) Administrative Supervisors (e) Evidence Custodian (� Records Clerks (for the purpose of fulfilling Freedom of Information Act (FOIA)requests) P. Security of Body-Worn Camera Recordings 1. All employees should be aware that audio and video data may contain sensitive and private recordings and are responsible for ensuring compliance with the information contained 'm this Order. {oog�i isa.Doc�.i} General Orz�er P-07, Body-Worn Cameras Page 18 2. Furthermore, a breach in data security, careless handling of data, and/or intentional or negligent release of data or recording(s) to non-authorized individuals may jeopardize relationships with citizens, subject victims to an invasion of privacy, jeopardize prosecutions, and potentially endanger the safety of individuals. 3. All recorded media, images, and audio from BWC systems are the property of the Buffalo Grove Police Department and shall not be copied, released, or disseminated in any form or manner outside the parameters of this policy without the expressed written consent of the Chief of Police. 4. Unauthorized use, edits, deletions, duplication, and/or distribution of BWC files are prohibited. Employees shall not make copies of any BWC recordings for their personal use and are prohibited from using a recording device such as a phone camera or secondary video camera to record BWC files. 5. Officers have the discretion to determine if the circumstances wairant a review by a citizen, such as identifying a suspect in the footage. If an officer chooses to do so it will be noted in the police report. 6. In addition to the circumstances outlined in this policy, BWC recordings may be released as required by law (e.g., Freedom of Information Act, by subpoena, arbitrator's order) or pursuant to a court order. BWC recordings may also be provided to Village of Buffalo Grove prosecutors and/or the Village of Buffalo Grove administrative hearing officer for matters directly under their responsibilities. Q. Additional Guidelines for BWC use by School Resource Officers The Department recognizes that the duties and working environment for School Resource Officers ("SRO") are unique within law enforcement. It is recognized that SRO's are required to maintain school safety while keeping the sanctity of the learning environment that the school provides. SRO's are expected to continuously build trusting relationships with students and staff. They also often have impromptu interventions with students to deescalate arguments and/ or conflicts. It is with this understanding that the Department provides special regulations to SRO's on their use of BWC while remaining in compliance with state law. l. The BWC shall be activated in any of the following situations: a. When summoned by any individual to respond to an incident where it is likely that a law enforcement-related activity will occur. {oos6i iss.Doc�.i} General Order P-07, Body-Worn Cameras Page 19 b.Any self-initiated activity where it is previously known or facts develop that a custodial arrest will be made or a law enforcement-related activity will occur. c. Any self-initiated activity where it is previously known or facts develop that the questioning/investigation will be used later in criminal chaxges. d. When feasible an SRO shall activate the BWC when the contact becomes adversarial, the subject exhibits unusual or aggressive behavior, or circumstances indicate that an internal complaint will likely be filed. e. If exigent circumstances prevent an SRO from turning on a BWC when required, the BWC shall be activated as soon as practicable. f. If an incident is recorded on a BWC, the principal of the school shall be notified of the incident/ recording. g. It is also recognized that SRO's often have conversations with students/staff that axe unrelated to the investigation of a crime and fall under the defmition of a community caretaking function.It is not appropriate to record these conversations as it diminishes the trust between the individual and the SRO. Brian J. Budds Chief of Police {oos6i iss.Doc�.i} SETTLEMENT OF ALL LITIGATION AGREEMENT This is a Settlement Agreemerit ("Agreement") between the Village of Buffalo Grove, Illinois("Village")and the Metropolitan Alliance of Police, Chapter#672 ("Union")(collectively "Parties") entered into on the date set forth below. The Parties agree as follows: WHEREAS, the Parties have been engaged in successor contract negotiations for the collective bargaining agreement expiring on December 31, 2023; WHEREAS, on or about July 2, 2024, the Union filed grievance number 24-02 regarding lateral hires; WHEREAS, on or about August 1, 2024, the Union filed an unfair labor practice charge in Case No. S-CA-25-013,which on October 31, 2024, was dismissed in part and a complaint for hearing was issued in part; WHEREAS, on or about August 28, 2024, the Union filed grievance number 24-03 regarding overtime; WHEREAS, on or about October 9, 2024, the Parties agreed to stay grievance numbers 24-02 and 24-03; WHEREAS, on October 26, 2024, the Village submitted an off the record package proposal for mediation to the Union to resolve the Village and the Union's successor collective bargaining agreement. Said off the record package proposal for mediation contained explicit stipulations regarding the tlnion's agreement to waive and release the Village from claims; WHEREAS, on or about November 6, 2024, the Union accepted the aforementioned off the record package proposal for mediation, constituting a tentative agreement; WHEREAS, on November 21, 2024, the Union ratified the aforementioned tentative agreement and has tendered an executed collective bargaining agreement("CBA")and Body Worn Camera Memorandum of Understanding("BWC MOU") for consideration by the Village Board; WHEREAS,the ratified CBA and BWC MOU will be on the Agenda of the Village Board of Trustees on December•2, 2024. NOW THEREFORE, in full and complete resolution of the aforementioned matters, and in effort to avoid the cost of litigation,the Parties hereby agree to the following: 1. Upon approval and execution of the CBA and BWC MOU by the Village Board, the Union will withdraw with prejudice grievance number 24-03 filed on or about August 28,2024. 2. Upon approval and execution of the CBA and BWC MOtJ by the Village Board, the Union will withdraw with prejudice grievance number 24-02 f I�d on or about July 2, 2024. 3. Upon approval and execution of the CBA and BWC MOU by the Village �3oard, the Union will agree to submit a joint motion to dismiss Case No. S-CA-25-013,which is currently pending in front of Administrative Law Judge Sharon Purcell at the Illinois Labor Relations Board (the agreed motion is attached as Exhibit A to this Agreement). (00863490.DOCX v.1} 1 4. The Union hereby agrees to waive and release the Village from all aforementioned claims. � 5. This Agreement does not constitute, and shall noi bc intcrpreted, as any admission of a contract violation or wrongdoing by any party, to includi: the Villagc (deiined withoui limitation to include its employees, agents, and elected ofticials), and the l.'nion(defined without limitation to include its employees and agents). 6. This Agreement is solely entered into by the parties in exchange for the mutual promises, benefits, and agreements, expressly stated in this Agreement and in the successor collective bargaining agreement . AGRF,FD: VII,LAGF., OF I3IJFFALO GROVE. ML'TROPOI.I"I'AN ALI_IANCE OI' POI_ICE ILLINOIS �y,: �, . By: � �C. / Datc: �Z�°Y�Z,aZY Date: � � L' _ {00863490.DOCX v.1} 2