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G-961 - 01/24/2012 - SPECIAL DETAIL RATES - Ordinances Supporting DocumentsAGENDA ITEM Regular Board of Trustees Meeting of January 24, 2012 SUBJECT: Amending the Special Detail Rates for Police/Fire Services FROM: James R. Kruger, Chief of Police; Tom McEllin, Fire Chief BUDGET SOURCE/BUDGET IMPACT: None ITEM 6.17. 1) 1. a. RECOMMENDED MOTION: I move that the Village Board amend Title 3, Chapter 1, Section 6 of the Oak Brook Code of Ordinances, increasing the detail rate to include the cost of any payroll taxes paid by the Village and a 6% administrative fee per hour, to cover administrative and vehicle costs per officer /firefighter for special or extra -duty details for private entities within the Village of Oak Brook ($57.15 for 2012). Background/Bistorv• The Village has set special detail rates for police and fire services at one and a half times the midrange of pay grade 7 pursuant to local ordinance Title 3 Chapter 1, Section 6. The billed rate and the rate paid to the employee is defined in the ordinance as the same. The rate as defined for 2012 is $53.15 per hour. It has been increased as the pay grade increased by the Village Board. While this rate has increased consistently with the pay grade the cost of Medicare or administrative costs were never accounted for in the billed rate since its passage in 1973. Public safety employees are exempt from FICA and pension costs deductions are only considered on base pay by law. The Police Department has one long standing detail at MB Financial Bank of eight hours per day and other sporadic requests for services at corporate events, traffic details or homeowner's requests for large private functions. The Fire Department also will be requested for primarily corporate support with large events where a paramedic is requested as a safety precaution. The total number of hours paid out in 2011 for both police and fire special details was 2,905.75 for a total of $149,181.30. Since the Village did not collect the 1.45% for Medicare there was a cost to the Village of $2,163 to provide the service. The recommendation includes the cost of Medicare, a 6% administrative fee to cover any additional supervision costs and vehicle fees. The 6% administrative fee would have been additional revenue of $8,950.00 to the village for 2011. ( 1f ORDINANCE 2012- PD- FD -SDF -G -961 AN ORDINANCE AMENDING THE OAK BROOK VILLAGE CODE TO SET SPECIAL DETAIL RATES FOR POLICE AND FIRE SERVICES WHEREAS, pursuant to Section 1 -2 -1 and Article 11 of the Illinois Municipal Code, 65 ILCS 5/1- 2-1 and 65 ILCS 5/11, the Village has the authority to charge fees to recoup the costs of providing special police and fire details to residents and entities within the Village ( "Special Detail); and WHEREAS, the Village Code currently authorizes the Village to charge for the Village's overtime costs of providing Special Details; however, the Village Code does not authorize the Village to charge for the administrative and payroll tax costs incurred by the Village when providing Special Details; and WHEREAS, the Village Board has determined that it would be in the best interests of the Village and its residents to amend the Village Code to allow for the Village to recoup all of its costs for providing Special Details; NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 3 -1-6. Section 3 -1-6, entitled "Special Events" of Chapter 3, entitled "Public Safety", of the Village Code shall be amended further, and shall read as follows: "3 -1-6: Special Events: A. Any person, group, civic organization or other entity may request special police or fire services by a written application to the Police or Fire Chief. The chief of the department requested, shall review the application and determine whether or not the requested service can be performed without additional cost to the Village and without adversely affecting the normal operation of the department B. If the chief determines with the concurrence of the Village Manager that the requested services will disrupt the normal operation of the department or will result in additional expense to the Village, the applicant will be informed that a charge will be made by the Village for the special services. C. If the applicant agrees to payment of the charge, the chief shall assign one or more officers to said special duty not to exceed twenty (20) hours per week, per officer. D. The charge to the applicant, payable to the Village, shall include: 1. A rate per hour per officer for each hour served on the special duty based upon one point five (1.5) times the mean salary set for Grade 7 of the Village of Oak Brook salary schedule; 2. The costs of any additional payroll taxes incurred by the Village to provide the special event services; and 3. An administrative fee equal to six (6) percent of all of the charges set forth in subsections 1 and 2 above. Ordinance 2012- PD- FD -SDF -G -961 An Ordinance Amending the Oak Brook Village Code tc.— Set Special Detail Rates for Police and Fire Services Page 2 of 2 Such charges shall be for a minimum period of two (2) hours and shall be paid by the applicant within thirty (30) days of the date of the invoice therefor. E. The person or persons serving at special events shall be paid the amount listed in section D.1. above. by the Village for the same, less the usual deductions for payroll purposes. At no time will Village employees accept wages for services directly from the applicant." Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS 24th day of January, 2012. Gopal G. Lalmalani Village President PASSED THIS 2e day of January, 2012. ATTEST: Charlotte K. Pruss Village Clerk