R-1722 - 05/08/2018 - POLICE AGREEMNT - Resolutions Exhibits ILLINOIS FOP
LABOR COUNCIL
and
VILLAGE OF OAKBROOK
Full-Time Peace Officers
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January 1, 2018 - December 31, 2020
Springfield - Phone: 217-698-9433 / Fax: 217-698-9487 •
Western Springs-Phone:708-784-1010/Fax:708-784-0058
Web Address: www.fop.org
24-hour Critical Incident Hot Line:877-IFOP911 M_M�;Vlllr
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Table of Contents
AGREEMENT.......................................................................................................................................6
ARTICLE 1 RECOGNITION AND REPRESENTATION....................................................................6
ARTICLE 2 NON-DISCRIMINATION..................................................................................................6
Section2.1 Generally............................................................................................................................6
Section 2.2 Americans with Disabilities Act......................................................................................6
ARTICLE3 UNION RIGHTS..................................................................................................................6
Section3.1 Dues Check off...................................................................................................................6
Section3.2 Fair Share...........................................................................................................................7
Section3.3 Indemnification.................................................................................................................7
Section 3.4 Union Use of Bulletin Board .........................................................................................8
Section 3.5 Access to Village Premises.............................................................................................8
Section3.6 Union Stewards................................................................................................................8
ARTICLE 4 LABOR-MANAGEMENT COMMITTEE ......................................................................8
ARTICLE 5 GRIEVANCE PROCEDURE.............................................................................................9
Section5.1 Definition............................................................................................................................9
Section5.2 Procedure.............................................................................................................................9
Section5.3 Bypassing Steps................................................................................................................. 10
Section5.4 Arbitration......................................................................................................................... 10
Section 5.5 Limitations on Authority of Arbitrator........................................................................ 11
Section5.6 Time Limit for Filing.................................................................................................... 11
Section5.7 Miscellaneous................................................................................................................. l l
ARTICLE6 NO STRIKE-NO LOCKOUT......................................................................................... 12
Section6.1 No Strike......................................................................................................................... 12
Section 6.2 Union's Responsibility.................................................................................................. 12
Section 6.3 Discharge of Violators...................................................................................................... 12
Section6.4 No Lockout........................................................................................................................ 12
Section 6.5 Reservation of Rights....................................................................................................... 12
ARTICLE 7 SENIORITY, LAYOFF AND RECALL........................................................................ 13
Section 7.1 Definition of Seniority...................................................................................................... 13
Section7.2 Probationary Period.......................................................................................................... 13
Section7.3 Seniority List................................................................................................................... 13
Section7.4 Layoff............................................................................................................................... 13
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Section7.5 Recall............................................................................................................................... 13
Section7.6 Effects of Layoff............................................................................................................. 14
Section 7.7 Termination of Seniority.................................................................................................. 14
ARTICLE 8 HOURS OF WORK AND OVERTIME......................................................................... 15
Section 8.1 Application of Article....................................................................................................... 15
Section8.2 Work Schedules................................................................................................................ 15
Section8.3 Normal Work Day........................................................................................................... 15
Section8.4 Normal Work Cycle........................................................................................................ 15
Section 8.5 Overtime Compensation................................................................................................... 16
Section 8.6 Overtime Assignments..................................................................................................... 16
Section 8.7 Employee Training Hours/Compensation....................................................................... 17
Section8.8 Court Time....................................................................................................................... 17
Section 8.9 Compensatory Time........................................................................................................ 18
Section8.10 Call-In Pay..................................................................................................................... 18
Section8.11 Shift Bid......................................................................................................................... 18
Section8.12 Canine Officer................................................................................................................20
Section8.13 No Pyramiding ...............................................................................................................20
ARTICLE 9 LEAVES OF ABSENCE.................................................................................................20
Section9.1 Sick Leave........................................................................................................................20
Section 9.2 Bereavement Leave..........................................................................................................22
Section 9.3 Maternity/Paternity Leave...............................................................................................22
Section 9.4 Other Leaves of Absence ...............................................................................................22
Section 9.5 Non-Employment Elsewhere..........................................................................................22
Section 9.6 Family and Medical Leave Act.......................................................................................22
ARTICLE10 VACATIONS..................................................................................................................23
Section10.1 Eligibility.........................................................................................................................23
Section 10.2 Vacation Eligibility........................................................................................................23
Section10.3 Vacation Pay...................................................................................................................23
Section 10.4 Vacation Scheduling........................................................................................................23
Section 10.5 Limitation on Accumulation of Vacation ...................................................................24
ARTICLE 11 SALARIES AND ECONOMIC BENEFITS................................................................24
Section11.1 Salaries.........................................................................................................................24
Section11.2 Retroactivity..................................................................................................................25
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Section 11.3 Grievances Concerning Performance Increases ........................................................25
Section 11.4 Performance Increases.................................................................................................26
Section11.5 Longevity Pay...............................................................................................................26
Section 11.6 Holidays and Personal Days ........................................................................................26
Section 11.7 Uniforms and Equipment...............................................................................................27
Section 11.8 Clothing Allowance for Detectives................................................................................27
Section 11.9 Tuition Reimbursement..................................................................................................27
Section 11.10 Educational Incentive...................................................................................................28
Section 11.11 Severance Pay...............................................................................................................28
Section 11.12 Pay for Serving as Field Training Officer.....................................................................28
Section 11.13 Assistant Shift Commander or Officer in Charge of Detectives Pay......................28
ARTICLE 12 INSURANCE..................................................................................................................28
Section 12.1 Dental, Health, Life, and Vision Insurance Coverage..................................................28
Section 12.2 Cost Containment..........................................................................................................30
Section 12.3 Terms of Policies to Govern..........................................................................................31
Section 12.4 Right to Maintain Coverage While on Unpaid Leave or on Layoff.........................31
Section 12.5 Term Life Insurance.......................................................................................................31
Section 12.6 Retirement Health Savings Plan.....................................................................................31
Section 12.7 Health Insurance Advisory Committee..........................................................................31
ARTICLE 13 MANAGEMENT RIGHTS............................................................................................32
ARTICLE 14 DRUG AND ALCOHOL TESTING..............................................................................32
Section 14.1 General Policy Regarding Drugs and Alcohol.............................................................32
Section14.2 Definitions......................................................................................................................32
Section 14.3 Prohibitions. Police Officers shall be prohibited from:...............................................33
Section 14.4 The Administration of Tests..........................................................................................33
Section 14.5 Conduct of Tests............................................................................................................35
Section 14.6 Cutoff Levels..................................................................................................................36
Section 14.7 Right to Contest..............................................................................................................36
Section 14.8 Voluntary Requests for Assistance...............................................................................36
Section 14.9 Confidentiality of Test Results ....................................................................................37
Section 14.10 Discipline for Positive Tests......................................................................................37
Section 14.11 Random Drug Testing ................................................................................................37
ARTICLE 15 MISCELLANEOUS.......................................................................................................37
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Section15.1 Gender of Words............................................................................................................37
Section 15.2 Fitness Examinations......................................................................................................37
Section 15.3 Application of Agreement to Special Enforcement Units............................................37
Section15.4 No Solicitation................................................................................................................38
Section 15.5 Travel Time Compensation/MileageReimbursement................................................38
Section15.6 Mileage............................................................................................................................38
Section15.7 Bill of Rights.................................................................................................................38
Section15.8 Discipline.......................................................................................................................38
Section 15.9 Secondary Employment................................................................................................39
Section15.10 Disability......................................................................................................................39
Section 15.11 Restricted Duty.............................................................................................................39
Section 15.12 Access to Personnel File...............................................................................................40
Section 15.13 Union Representation..................................................................................................40
Section 15.14 Anonymous Complaints..............................................................................................41
Section 15.15 Reimbursement for Destruction of Personal Property................................................41
Section 15.16 Reimbursement of Training Costs...............................................................................41
Section15.17 Inoculations..................................................................................................................41
Section 15.18 Off-Duty and Practice Ammunition............................................................................42
ARTICLE 16 ENTIRE AGREEMENT................................................................................................42
ARTICLE17 SAVINGS CLAUSE......................................................................................................42
ARTICLE18 DURATION...................................................................................................................43
APPENDIX A MEMORANDUM OF UNDERSTANDING...............................................................44
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AGREEMENT
This Agreement is made and entered into by and between the Village of Oak Brook
(hereinafter referred to as the "Village") and the Fraternal Order of Police Labor Council
(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 employment,
fringe benefits, 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 efficiency and
productivity; to maintain the highest standards of personal integrity and conduct at all times;
and to provide procedures for the prompt and peaceful adjustment of grievances as provided
herein. NOW, THEREFORE, the parties agree as follows:
ARTICLE 1 RECOGNITION AND
REPRESENTATION
The Village recognizes the Union as the sole and exclusive bargaining representative for
all sworn full-time Peace Officers (hereinafter referred to as "Officers" or "employees"), but
excluding all sworn Peace Officers in the rank of sergeant and above, any employees
excluded from the definition of "Peace Officer" as defined in Section 3(k) of the Illinois
Public Labor Relations Act; supervisory, managerial or confidential employees as defined by
the Act; and all persons excluded from coverage under the Act.
ARTICLE 2 NON-DISCRIMINATION
Section 2.1 Generally
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, or national origin. Any 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 2.2 Americans with Disabilities Act
In accordance with applicable law, both the Village and the Union agree to abide by the
requirements of the Americans with Disabilities Act. Any 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.
ARTICLE 3 UNION RIGHTS
Section 3.1 Dues Check-Off
During the term of this Agreement the Village will deduct from each employee's first
paycheck each month the regular Union dues for each employee in the bargaining unit who
has filed with the Village a lawfully written authorization form and will promptly forward
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same to the Union. The Union agrees to give the Village at least thirty (30) days' notice in
writing of any change in the amount of the regular dues to be deducted. The Union further
agrees that it will not submit such written notification of a change in the amount of the
regular dues to be deducted more than once within any twelve (12) month period of time.
The Union agrees to refund to the employee any amounts paid to the Union in error on
account of this dues deduction provision.
Section 3.2 Fair Share
During the term of this Agreement, bargaining unit employees who are not members of the
Union shall, commencing sixty (60) days after the effective date of this Agreement or sixty
(60) days after their employment, whichever is later, pay as a condition of employment a fair
share fee to the Union for collective bargaining and contract administration services rendered
by the Union as the exclusive representative of the employees covered by this Agreement,
provided that the fair share fee shall not exceed the dues attributable to being a member of the
Union. Such fair share fees shall be deducted by the Village from the earnings of non-
members and remitted to the Union in the same manner and intervals as Union dues are
deducted. The Union shall periodically submit to the Village a list of employees covered by
this Agreement who are not members of the Union and an affidavit which specifies the
amount of the fair share fee. The amount of the fair share fee shall not include any
contributions related to the election of or support of any candidate for political office or for
any member only benefit. The foregoing fair share fee obligation shall not apply to any
employee in the bargaining unit as of the date of ratification of the 1993-96 collective
bargaining agreement between the parties who is not a member of the Union on that date.
The requirement to pay a fair share fee shall be applicable to any employee who is employed
in a bargaining unit position after the date on which this Agreement is ratified by both parties
and who either fails to join the Union and authorize dues deduction within the sixty (60) day
period, or who is a member of the Union on or after the date on which this Agreement is
ratified by both parties and who thereafter withdraws from such membership and revokes
authorization for dues deduction. The Union agrees to assume full responsibility to insure
full compliance with the requirements laid down by the United States Supreme Court. It is
specifically agreed that any dispute concerning the amount of the fair share fee and/or the
responsibilities of the Union with respect to fair share fee payers as set forth above shall not
be subject to the grievance and arbitration procedure set forth in this Agreement. Non-
members who object to this fair share fee based upon bona fide religious tenets or teachings
shall pay an amount equal to such fair share fee to a non-religious charitable organization
mutually agreed upon by the employee and the Union. If the affected non-member and the
Union are unable to reach agreement on the organization, the organization shall be selected
by the affected non-member from an approved list of charitable organizations established by
the Illinois State Labor Relations Board and the payment shall be made to said organization.
Section 3.3 Indemnification
The Union shall indemnify and hold harmless the Village, its elected representatives,
Officers, administrators, agents, and employees from and against any and all claims,
demands, actions, complaints, suits or other forms of liability (monetary or otherwise) as a
result of the Village's action in deducting regular monthly dues and fair share fees and
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forwarding same to the Union in accordance with the provisions of Sections 3.1 and 3.2 above
or in reliance on any authorization forms furnished by the Union under any of such provisions.
Section 3.4 Union Use of Bulletin Board
The Village will make available space on the bulletin board located on the lower level at the
base of the stairs for the posting of official Union notices of a non-political, non-controversial
nature, but only after such notices have been submitted to and approved by the Police Chief
or designee for posting. Such approval shall be noted on the posting, along with the date it was
approved and the period of time that the notice will be posted. Except as provided in this
Section, there shall be no distribution or posting of Union materials of any kind on Village
property.
Section 3.5 Access to Village Premises
Duly authorized Union business representatives will be permitted access at reasonable times
to the premises of the Village for the purpose of handling grievances or otherwise
representing employees pursuant to the provisions of this Agreement. These business
representatives will be identified to the Police Chief or designee in a manner suitable to the
Village and on each occasion will first secure the prior approval of the Police Chief or
designee to enter and conduct their business so as not to interfere with Village operations. If
such approval is granted, the Police Chief or designee shall designate the area where such
business is to be conducted and the period of time to be provided. The Union will not abuse
this privilege, and such right of entry shall at all times be subject to general department rules
applicable to non-employees.
Section 3.6 Union Stewards
The Village recognizes the right of the Union to select a Chief Union Steward and alternate(s)
and the Union agrees to furnish the Village in writing within two (2) weeks of ratification of
this Agreement with the names of the Chief Union Steward and any alternate(s) selected by
the Union. The Chief Union Steward shall -be deemed the Union's official spokesperson.
Union stewards are not permitted to conduct Union business during work hours without the
permission of the Police Chief or designee.
ARTICLE 4 LABOR-MANAGEMENT
COMMITTEE
At the request of either party, the Union Steward and the Police Chief or their designees shall
meet at least quarterly to discuss matters of mutual concern that do not involve negotiations.
The Union Steward may invite other bargaining unit members (not to exceed two) to attend
such meetings. The Police Chief may invite other Village representatives (not to exceed two)
to attend such meetings. The party requesting the meeting shall submit a written agenda of
the items it wishes to discuss at least seven (7) days prior to the date of the meeting.
Employees scheduled to work will notify the Police Chief prior to their attendance at a
meeting and if such attendance is approved, the employee will be permitted to attend the
meeting during his regular hours of work with no loss of pay. A Labor-Management
Committee meeting shall not be used for the purpose of discussing any matter that is being
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processed pursuant to the grievance procedure set forth in this Agreement or for the purpose
of seeking to negotiate changes or additions to this Agreement.
ARTICLE 5 GRIEVANCE PROCEDURE
Section 5.1 Defmition
A "grievance" is defined as any dispute or difference of opinion, including any discipline up
to and including termination raised by an employee (or the Union as provided below) against
the Village with respect to the meaning, interpretation, or application of a specific provision
or provisions of this Agreement. The Union may only file a grievance if the same facts give
rise to a grievance involving two (2) or more employees.
Section 5.2 Procedure
The parties acknowledge that it is usually most desirable for an employee and his immediate
supervisor to resolve problems through free and informal communications. If, however, the
informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1
Any employee who has a grievance shall submit the grievance in writing to the employee's
(in most cases, the Sergeant in charge) immediate supervisor and the appropriate Division
Commander. The grievance shall contain a brief statement of the facts, the provision or
provisions of this Agreement which are alleged to be involved in the dispute or difference,
and the relief requested. All grievances must be presented no later than fourteen (14) calendar
days from the date of the occurrence of the matter giving rise to the grievance or within
fourteen (14) calendar days after the employee was provided with information, or obtained
knowledge, of the occurrence of the event giving rise to the grievance. The immediate
supervisor or the appropriate Division Commander shall render a written response to the
grievant and the Union Steward within ten (10) business days after the grievance is
presented.
STEP 2
If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to
Step 2 of the grievance procedure, it shall be submitted in writing to the Police Chief within
five (5) business days after receipt of the Village's answer at Step 1. The Police Chief, or
designee, shall investigate the grievance and, in the course of such investigation, shall offer to
discuss the grievance within ten (10) business days with the grievant, together with the Union
Steward and, if the Union so desires, the Union business representative at a time mutually
agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or
designee, shall provide a written answer to the grievant and the Union within ten (10)
business days following their meeting.
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STEP 3
If the grievance is not settled at Step 2 and the Union desires to appeal, it shall so notify the
Village Manager in writing within ten (10) calendar days after receipt of the answer of the
Police Chief or designee at Step 2. Thereafter, the Village Manager or designee and the Police
Chief or other appropriate individual(s) as desired by the Village Manager(not to exceed three)
shall meet with the grievant and a Union business representative and other appropriate
individuals as desired by the Union business representative (not to exceed three) within
fifteen (15) business days of receipt of the Union's appeal. If no agreement is reached, the
Village Manager or designee shall submit a written answer to the grievant and Union within
ten (10) business days following the meeting.
Section 5.3 Bypassing Stens
The parties may by mutual agreement in writing agree to bypass one or more steps of the
grievance procedure. Any grievance filed by the Union shall be initiated at Step 2. Any
grievance filed involving suspension or termination shall be initiated at Step 3.
Section 5.4 Arbitration
If the grievance is not settled in Step 3 and the Union wishes to appeal the grievance from
Step 3 of the grievance procedure, the Union only may refer the grievance to arbitration, as
described below, within twenty-one (21) calendar days of receipt of the Village's written
answer as provided to the Union at Step 3:
(a) In the absence of agreement on a neutral arbitrator, the parties shall file a joint request
with the Federal Mediation & Conciliation Service ("FMCS") for a panel of five (5)
arbitrators from which the parties shall select a neutral arbitrator. In the event that the
Village representative does not sign and submit said request (already signed by the
Union) to FMCS or return same to the Union fully signed within ten (10) calendar days
after same was received by the Village representative, the Union may file a request that
is consistent with the provisions of this subsection with FMCS signed only by it with
Notice to the Village. The parties agree to request the FMCS to limit the panel to
members of the National Academy of Arbitrators who reside within a radius of 175 miles
of the City of Chicago. Both the Village and the Union shall each have the right to reject
one panel in its entirety, on written notice to the other, within seven (7) calendar days of
its receipt and request that a new panel be submitted. The Village and the Union shall
have the right alternately to strike names from the panel. One party shall strike a name,
the other party shall then strike a name, and this shall continue until one name remains.
The person remaining shall be the arbitrator. A coin flip will determine who strikes first
with the loser of the coin toss striking first.
(b) The arbitrator shall be notified of his/her selection and shall be requested to set a time
and place for the hearing, subject to the availability of Union and Village representatives.
(c) The arbitrator shall endeavor to 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.
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(d) More than one grievance may be submitted to the same arbitrator where both parties
mutually agree in writing.
(e) The fees and expenses of the arbitrator and the cost of a written transcript 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 5.5 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 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 or issues reasonably
raised by the grievance as initially submitted. The arbitrator shall have no authority to make a
decision on any issue or issues not so reasonably raised. The arbitrator shall be without power
to make any decision or award which is contrary to or inconsistent with applicable laws. Any
decision or award of the arbitrator rendered within the limitations of this Section 5.5 shall be
final and binding upon the Village,the Union and the employees covered by this Agreement.
Section 5.6 Time Limit for Filing
No grievance shall be entertained or processed unless it is submitted at Step 1, or Step 2 if
applicable, within fourteen (14) calendar days after the occurrence of the event giving rise to
the grievance or within fourteen (14) calendar days after the employee was provided with
information, or obtained knowledge, of the occurrence of the event giving rise to the
grievance. A "business day" is defined as a calendar day exclusive of Saturdays, Sundays or
holidays observed by the Village. If a grievance is not presented by the employee or by the
Union (as defined above) within the time limits set forth above, it shall be considered
"waived" and may not be pursued further. If a grievance is not appealed to the next step
within the specified time limit or any agreed extension thereof, it shall be considered settled
on the basis of the Village's last answer. If the Village does not answer a grievance or an
appeal thereof within the specified time limits, the aggrieved employee or the Union,
whichever is applicable, may elect to treat the grievance as denied at the step and within
fifteen (15) days after the Village answer was due, appeal the grievance to the next step. The
parties may by mutual agreement in writing extend any of the time limits set forth in this
Article.
Section 5.7 Miscellaneous
No member of the bargaining unit who is serving as acting Shift Commander shall have any
authority to respond to a grievance being processed in accordance with the grievance
procedure set forth in this Article.
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ARTICLE 6 NO STRIKE-NO LOCKOUT
Section 6.1 No Strike
Neither the Union nor any Officer, member of the Union or Officer by this Agreement will
call, institute, authorize, participate in, sanction, encourage, or ratify any strike, work
stoppage, sympathy strike, secondary boycott, slowdown, speed-up, sit down, concerted
refusal to perform overtime, concerted abnormal and unapproved enforcement procedures or
policies, or mass resignation, mass absenteeism or picketing which causes any work stoppage
or any concerted refusal to perform duties by any Officer or Officer group. Neither the Union
nor any Officer, member of the Union, or Officer covered by this Agreement will refuse to
cross any picket line, by whomever established.
Section 6.2 Union's Responsibility
Should any activity prescribed in Section 6.1 of this Article occur, the Union shall
immediately:
A.Publicly disavow such action by the employees or other persons involved;
B.Advise the Employer in writing that such action is not sanctioned by the U n i o n;
C.Notify the employees stating that it disapproves of such action and instructing all
employees to cease such action and return to work immediately;
D.Take such other steps as are reasonably appropriate to bring about observance of the
provisions of this Article, including compliance with reasonable requests of the Employer
to accomplish this end.
Section 6.3 Discharge of Violators
The Employer shall have the right to file charges seeking discharge or otherwise discipline
any or all employees who violate any of the provisions of this Article. In such event, the
employee or employees, or the Union in their behalf, shall have no recourse to the grievance
procedure, except for the sole purpose of determining whether an employee or employees
participated in the action prohibited by this Article. If it is determined that an employee did
so participate, the disciplinary action taken by the Employer may not be disturbed.
Section 6.4 No Lockout
The Employer agrees that it will not lock out any employees during the term of this
Agreement or any extension thereof.
Section 6.5 Reservation of Rights
In the event of any violation of this Article by the Union or the Employer the offended party
may pursue any legal or equitable remedy otherwise available, and it will not be a condition
precedent to the pursuit of any judicial remedy that any grievance provided in this Agreement
be first exhausted.
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ARTICLE 7 SENIORITY LAYOFF AND RECALL
Section 7.1 Definition of Seniority
Seniority shall be based on the length of time from the last date of beginning continuous full-
time employment as a sworn Peace Officer in the Police Department of the Village. Conflicts
of seniority shall be determined on the basis of the order of the Officers on the Fire and
Police Commission hiring list, with the Officer higher on the list being the more senior.
Section 7.2 Probationary Period
All new employees and those rehired after termination of employment shall be considered
probationary employees until they have completed a probationary period as prescribed by
the Oak Brook Board of Fire and Police Commissioners that does not exceed eighteen (18)
months from the date of employment if the individual is already certified or eighteen (18)
months from the date that the employee passes the State of Illinois certification examination
if the employee is not certified at time of employment. An employee's probationary period
may be extended for an additional six (6) months upon mutual written agreement of the
Police Chief and the employee involved. No grievance shall be presented or entertained in
connection with the suspension, layoff, or termination of a probationary employee. There
shall be no seniority among probationary employees. Upon successful completion of the
probationary period, an employee shall acquire seniority which shall be retroactive to his last
date of hire with the Village in a position covered by this Agreement.
Section 7.3 Seniority List
On or before January I each year, the Village will post a seniority list setting forth each
employee's seniority date. In addition, the Village shall send a copy of the list to the Union.
Unless the Village is advised in writing of any alleged error in the list within thirty (30)
calendar days after the list is posted, the list shall be deemed binding on both the Union and
all employees.
Section 7.4 Layoff
The Village, in its discretion, shall determine whether layoffs are necessary. If it is
determined that layoffs are necessary, employees covered by this Agreement will be laid off
in accordance with their length of service in the Department, starting with the employee with
the shortest length of service.
Section 7.5 Recall
Employees who are laid off shall be placed on a recall list for a period of two (2) years. If
there is a recall, employees who are still on the recall list shall be recalled, in the inverse
order of their layoff. Employees who are eligible for recall shall be given two (2) calendar
weeks' notice of recall and notice of recall shall be sent to the employee by certified or
registered mail with a copy to the Union, provided that the employee must notify the Police
Chief or designee of his intention to return to work within three (3) days after receiving
notice of recall. The Village shall be deemed to have fulfilled its obligations by mailing the
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13
recall notice by certified mail, return receipt requested, to the mailing address last provided
by the employee, it being the obligation and responsibility of the employee to provide the
Police Chief or designee with his latest mailing address. If an employee fails to timely
respond to a recall notice his name shall be removed from the recall list.
Section 7.6 Effects of 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:
1. An employee shall be paid for any earned but unused vacation days.
2. 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.
3. 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.
4. Upon recall,the employee's seniority shall be adjusted by the length of the layoff.
Section 7.7 Termination of Seniority
Seniority and the employment relationship shall be terminated for all purposes subject to
confirmation by an Arbitrators Award, if the employee:
(a) quits;
(b) is discharged and the separation is not r e v e r s e d;
(c) retires (or is retired should the Village adopt and implement a legal mandatory retirement
age);
(d) falsifies the reason for a leave of absence, or is found to be working during a leave of
absence without the written approval of the Village M a n a g e r;
(e) fails to report to work at the conclusion of an authorized leave or vacation;
(0 is laid off and fails to notify the Police Chief or designee of his intention to return to work
within three (3) calendar days after receiving notice of recall or fails to return to work within
two working days after the established date for the employee's return to work;
(g) is laid off for a period in excess of two (2) y e a r s;
(h) 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; or
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(i) is absent for three (3) consecutive working days without authorization unless there are
extenuating circumstances beyond the employee's control that prevent notification.
Any dispute regarding this Section shall be resolved through arbitration.
ARTICLE 8 HOURS OF WORK AND OVERTIME
Section 8.1 Agnlication of Article
Nothing herein shall be construed as a guarantee of hours of work per day, per week, or per
work cycle, and nothing herein shall preclude the Village from restructuring the normal work
day, work week or work cycle. It is the Village's intent that such changes will be
implemented based upon the valid and legitimate operation needs of the Department.
Section 8.2 Work Schedules
The Village shall post work schedules showing the shifts, work days and work hours to which
bargaining unit members are assigned. In the event that it becomes necessary to temporarily
change the normal work day, workweek or work cycle of an employee, the affected
employee(s) will be afforded at least seventy-two (72) hours' notice of the change, except in
emergencies. There will be no more than two (2) changes per Officer per work cycle, except
in emergencies.
Section 8.3 Normal Work Day
a) For Officers assigned to one (1) of the four (4) regular patrol shifts, the normal work
day shall consist of twelve and one quarter (12.25) consecutive hours of work,
including two (2) paid fifteen (15) minute break periods, unless changed in
accordance with Section 8.2 or unless otherwise necessary to carry out the mission of
the Employer or in the event of civil emergency, riots, civil disorders, tornado
conditions, floods, etc. as may be declared by the Village President, the Village
Manager, Chief of Police or their authorized designees. The current starting times
are 5:45 a.m. and 5:45 p.m. Fifteen (15) minutes of the forty-five (45) minute lunch
period will be unpaid to accommodate the Roll Call/Shift Briefing Period. However,
Officers will be considered on duty and available for call for the entire work period
without benefit of additional compensation should they be called for service. The
Chief of Police, at his discretion, may also designate a power shift, with the hours and
days scheduled subject to modification by the Chief of Police.
b) For Officers not assigned to one (1) of the four (4) regular patrol shifts, (detective,
D.A.R.E. Officer, crime prevention Officer, etc.), the normal work day shall consist of
eight point four (8.4) or ten point five (10.5) consecutive hours of work as designated
by the Chief of Police, unless changed in accordance with Section 8.2. Lunch and
break periods for the power shift will be generally the same length as in other
assignments.
Section 8.4 Normal Work Cycle
a) The Oak Brook Police Department hereby elects a work period of fourteen (14) days,
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beginning on Sunday and ending Saturday, under the provisions provided in Section 207(K)
of the Fair Labor Standards Act. The normal work period shall consist of eighty-four(84) hours
of work within the fourteen (14) day work period. The Village will not alter or adjust the
normal work day or work period solely for the purpose of avoiding overtime payments or to
limit individual employee's opportunity to work overtime. In cases of illness, injury or other
emergency reasonably anticipated to last for more than fourteen (14) days, the Village may take
reasonable steps to adjust normal work days or workweeks for one (1) or more employees in
order to maintain its level of service to the community without necessarily requiring the use of
overtime.
b) Assignment to Investigations and Support Services Section: Notwithstanding the
foregoing, it is recognized that the normal work day of an employee assigned to the
Investigation or Support Services Section will necessarily vary depending on the needs of
the Department and that, from time to time, it will be necessary to make changes in the
employee's normal work day or work week without the need for prior notice to the Union.
c) The Village and the Union agree and understand that any change to the definition of
"normal work day" as defined in this Article will also require collective bargaining over the
definition of"normal work cycle."
Section 8.5 Overtime Compensation
Upon ratification and approval of this Agreement, all hours paid in excess of the normal
eighty-four (84) hours within the work period shall be compensated at the overtime rate of
one and one-half(1.5) times the employee's regular straight time hourly rate of pay for each
overtime hour worked in excess of eighty-four (84) hours in a fourteen (14) day work period.
Overtime pay shall be earned in fifteen (15) minute increments as provided by the Fair Labor
Standards Act (FLSA). All overtime shall be paid on the basis of the regular straight time
hourly rate calculated by dividing the employee's annual salary by 2,184 hours.
Section 8.6 Overtime Assignments
The Chief of Police or designee(s) shall have the right to require overtime work. Officers
may not refuse overtime work. An overtime list will be maintained for each patrol team,
which will be utilized to assign off duty personnel (on days off) to cover shortages created by
sick call or mandatory-posted overtime that has not been filled. The off-duty team assigned
to the affected hours will be required to fill the actual hours in which the shift does not meet
minimum manpower requirements unless the covered member is utilizing benefit time in
conjunction with days off (defined as immediately adjacent to. If any employee establishes
that he has not been offered his appropriate share of overtime opportunities, such employee
shall have first preference to future overtime opportunities until reasonable balance is
recreated. Overtime that is available covering the hours from 0600 hours to 1800 hours will
be covered by the off-day shift Officers and overtime hours from 1800 hours to 0600 hours
will be covered by the off-midnight shift Officers, unless a covered member who is currently
working volunteers to cover a portion of the hours, not to exceed sixteen (16) hours in a
twenty-four (24) hour day. Once a covered member is ordered to fill a posted vacancy that
has not been filled their name moves to the bottom of the overtime list. The next covered
member on the list will then move to the top of the list. This rotating process will continue
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for each occurrence. Once a covered member accepts the posted overtime assignment, that
Officer is responsible for the hours the Officer signed up for. An Officer may not remove
their name from a posted overtime unless they have made arrangements for another Officer to
work the assignment in their place. Overtime vacancies that are four (4) hours or less and
that are due to unforeseen circumstances may be filled by ordering on duty personnel to hold
over, however no involuntary hold over will result in a covered member working more than
sixteen (16) hours consecutively. This Section shall not prohibit the Chief of Police from
assigning overtime to any officer available in an emergency.
Section 8.7 Employee Training Hours/Compensation
Employees who are required to attend training outside of the Village of Oak Brook shall be
compensated on a day-for-day basis for single eight (8) hour, full-day, classes. (Ex: An
employee scheduled to work a twelve (12) hour day shall be considered compensated for
twelve (12) hours of pay and mileage, whether the training lasts twelve (12) hours or less).
For multi-day classes, work hours will be arranged to allow maximum usage of any
scheduled work hours prior to incurring overtime. (Ex: an employee is scheduled to work two
(2) twelve-hour shifts during a scheduled three (3) eight (8) hour per day training seminar. No
overtime would be incurred as both the scheduled shifts and the training times would equal
twenty-four (24) hours.) Employees who are required to attend training inside the Village of
Oak Brook shall be required to account for the twelve (12) hours duty time. Should any
training class in Oak Brook end early, the employee(s) shall report to the on-duty watch
commander and be assigned work as necessary to offset for the total shortfall. Work may
consist of further training opportunities within the Village, travel to and from the training, or
other work as needed within their job assignment). Employees may use earned time off to
make up any shortfall with the pre-approval of their supervisor or the approval of the on-duty
watch commander. Actual travel time for training conducted outside the Village of Oak
Brook, other than for a single day of training shall be deducted from any hours owed to the
Village. To assist the Department to facilitate training, an employee's days off may be
changed to accommodate the training scheduled including up to three (3) all department
training days.
Section 8.8 Court Time
Employees who are required to make a court appearance outside their normal hours of work
(i.e., hours not contiguous to their normal shift or on a day not regularly scheduled) shall be
paid either four hours' pay at straight-time or one and one-half (1.5) times for all hours
actually spent making a court appearance, whichever is more. Court time that is contiguous to
an employee's normal shift hours shall be compensated at the appropriate hourly rate of pay.
Employees who are required to be "on call" for court appearances outside their normal hours
of work (i.e., hours not contiguous to their normal shift or on a day not regularly scheduled)
shall have the option of being paid two (2) hours of pay at straight time hourly rate of pay or
receiving two (2) hours of compensatory time for each such day they are required to be "on
call."
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Section 8.9 Combensatory Time
a) At the time overtime is posted, the Police Chief may specify that such posted overtime will
only be paid and that an employee who works the overtime may not select compensatory time
in lieu of overtime pay. For all other hours worked beyond normally scheduled hours of work,
including un-posted overtime and any ordered overtime hours, an employee may elect to either
receive compensatory time or overtime pay. The compensatory time rate will be calculated the
same as overtime as described in Section 8.5 of this Agreement. Employees may accumulate to
a maximum of eighty-four (84) hours of compensatory time that maybe replenished throughout
the year prior to being subject to the provisions in subsection b below. Compensatory time off
shall be granted at the Employee's request within a reasonable time period that does not unduly
disrupt the operations of the Village.
b) Accumulated compensatory time in excess of thirty-six (36) hours that is not taken by
December 1, shall be paid to the affected employee at their regular rate of pay, unless it is
prescheduled and approved to be taken between December 1 and December 31, or the Village
Manager has approved a request of the Employee to carry it over. Compensatory time payments
shall be dispersed on a regularly scheduled payroll no later than the last payroll of the year.
Section 8.10 Call-In Pay
An employee who is called back to work outside his normal hours of work (i.e., hours not
contiguous to his normal shift), will be paid at one and one-half (1.5) times his regular
straight-time hourly rate of pay for all hours worked outside his normal hours of work, with a
minimum of two (2) hours pay at one and one-half (1.5) times. This Section shall not be
applicable to scheduled overtime.
Section 8.11 Shift Bid
The assignment of Officers assigned to the Patrol Division shall be subject to the following:
1. Each of the shifts shall consist of permanent (as opposed to rotating) annual
assignments.
2. The selection of permanent annual assignments on either of the main shifts (Days or
Nights shall be based on seniority subject to the provisions of this Section 8.11).
3. The Department may require that Employees assigned to each shift complete the full
year on that shift. However, exceptions may be granted for extenuating
circumstances.
4. At the same time that Officers bid for permanent shifts, they may also bid for any
departmental identified "power shift" for the following year. Assignments to the
"power shift" will be solicited to Employee on a volunteer basis and assigned by the
Chief of Police. If the power shift is terminated at the discretion of the Chief of Police,
Officers will be re-assigned to fill the manpower needs of the Department. Such
placement will not displace any previous Officer's bid for that calendar year.
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5. For vacancies that develop mid-year, the Chief of Police will consider qualified
Employee who volunteer for such assignments. However, the method of replacement
for those positions will be determined exclusively by the Chief of Police.
6. Officers who are serving as detectives or any non-patrol assignments who are returned
to the Patrol Division shall be assigned to the shift of the Officer who has received the
detective or other non-patrol assignment and will remain on that shift until the next
time shifts are bid as provided above. When the Department knows prior to the bid
process that a Detective or other officer working a non-patrol assignment will be
returned to the Patrol Division, the Officer shall be eligible to participate in the annual
bid process scheduled immediately prior to the year in which such return shall occur.
If an Employee has been selected to move from the Patrol Division to Detective or
other non-patrol status prior to a shift selection bid, such Employee shall not bid a
shift selection during the annual bid process scheduled immediately prior to the year
in which such change in status will occur.
7. The Chief of Police will determine the shift assignments of probationary Officers.
8. Notwithstanding Section 8.2, the Police Chief shall have the right to transfer
employees who have been permanently assigned to a shift under this Section in order
to meet the bona fide operational needs of the Department to achieve a reasonable
balance of experience on each shift, or to ensure the presence of necessary specialty
training on each shift (e.g., loss of an employee filling a specialty position, retirement,
injury or other long-term leave, changes necessitated due to personnel problems
adversely affecting operations, etc.). Employees will be given fourteen (14) days'
notice of a permanent schedule change, unless the change is to fill an emergency need.
When a position is to be filled to meet the Department's bona fide operational needs or
to insure the presence of necessary specialty skills of each shift, such position shall
normally be filled first by a qualified Employee who volunteers, or if no qualified
Employee volunteers, then by the least senior Officer who is qualified to meet the
Departmental need. If more than one qualified Employee volunteers, the Employee
will be selected by the Chief of Police. Employees shall be given as much notice as
practicable of such transfers.
If the reason for the transfer no longer exists and it would not adversely affect
operations, the Officer shall be given the right to return to the shift originally bid.
9. The selection of permanent annual assignments on each of the shifts shall be
implemented and evaluated as follows:
a. Prior to November 1, the Police Chief or designee shall post all scheduled shift
positions in the Patrol Division. Whether a posted shift position is filled shall be
determined by the Police Chief.
b. Between November 1 and November 15, all non-probationary Officers, and
Probationary Officers scheduled to complete their probationary period prior to the
start of the coming year's schedule, shall submit written bids, for a permanent shift
commencing on the first shift change date in the following January and extending
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through the first shift change date twelve months thereafter. Shifts will be awarded on
the basis of seniority. Only Officers on full "unrestricted duty" may participate in the
shift bid process. Any Officer that is not eligible to bid for a shift will be assigned to a
shift at the conclusion of the bid process. In the event multiple shift vacancies exist,
Officers that were not eligible to bid for a shift will select a shift vacancy based on
seniority at the conclusion of the bid process.
c. Officers failing to exercise their seniority to select a permanent shift shall be assigned
by the Chief of Police to any unfilled vacant shifts.
Section 8.12 Canine Officer
Any employee assigned as a Canine Officer shall receive seven (7) hours of overtime at one
and one-half (1.5) times per month for the following required off-duty home canine care
activities:
1. Cleaning dog's kennel or another place where the dog is kept, and cleaning up after the dog
2. Feeding
3. Exercise on off-dutydays
4. Emergency trips to veterinarian
5. Grooming
If the required off-duty at home canine care activities exceed the seven (7) hours per month
allowance for any month, the Officer shall submit a daily log identifying the activities
engaged in, the times when they took place, and the actual time of the activities, to his/her
supervisor not more than seven days after the end of said month.
Section 8.13 No Pyramiding
Compensation shall not be paid, or compensatory time taken more than once for the same
hours under any provision of this Article or Agreement.
ARTICLE 9 LEAVES OF ABSENCE
Section 9.1 Sick Leave
An employee shall be granted 8.4 hours of sick leave for each full calendar month of
employment that an employee is on the active payroll, provided that the number of sick leave
hours shall not exceed 1,440 hours (180 days x 8 hours) at any one time and employees shall
not earn sick leave for any month that an employee uses more than three (3) sick days in said
month. Sick leave shall not be considered as a privilege which an employee may use at his
discretion but shall be allowed only in case of:
1. Actual sickness.
2. Disability ofthe employee.
3. Because of childbirth by employee or wife.
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4. Medical or dental appointments which cannot reasonably be scheduled during non-
working time.
5. Other sickness prevention measures which cannot reasonably be scheduled during non-
working time.
6. Serious illness which requires the employee's presence for members of immediate
family as defined as follows:
(a) Spouse.
(b) Son or daughter.
(c) Mother or father.
(d) Sister or brother.
(e) Mother-in-law or father-in-law.
(f) Sister-in-law or brother-in-law.
(g) Grandparents or grandparents-in-law.
(h) "Domestic Partner" as defined by Illinois law.
An employee may utilize up to three (3) days of sick leave for a serious illness of a member
of the immediate family, which shall be charged against any accrued sick leave as provided
above. In the event an employee is unable to work due to illness as provided above, the
employee must notify his immediate supervisor one (1) hour prior to the start of his
scheduled shift. The failure to provide such notification will result in the employee being off
without pay.
A statement from a physician authorized and licensed to practice in Illinois or other
documentation may be required for any use of sick leave of three (3) consecutive work days
for that Employee within a work week or more. If the employee does not supply such
statement/documentation within a reasonable time after being requested or if the
statement/documentation is not deemed satisfactory and not remedied within a reasonable
time thereafter, the request for sick leave shall be denied and the time off shall be without
pay.
It is specifically agreed that the Village retains the right to audit, monitor, and/or
investigate sick leave usage. It is also specifically agreed that the Village retains the right
to take reasonable corrective action to deal with excessive sick leave usage.
Claiming sick leave under false pretenses shall be cause for non-payment of sick leave and/or
disciplinary action.
Upon leaving the Village's employ for any reason other than involuntary dismissal, an
employee with twenty (20) or more years of service as a sworn Police Officer shall be paid
for twenty-five (25) percent of the number of accumulated but unused sick leave hours up to
a maximum of 1,440 at his/her regular straight time hourly rate of pay at time of leaving the
Village's employ. Example: An employee with twenty (20) or more years of service who has
eight hundred 800 accumulated but unused sick leave hours at time of leaving the Village's
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employ shall be paid for two hundred (200) sick hours at his/her regular straight time hourly
rate of pay in effect at time of leaving the Village's employ.
Section 9.2 Bereavement Leave
An employee may be granted a bereavement leave of up to three (3) working days without
loss of pay in case of death of a member of the employee's family, as defined in this
Agreement, for the purpose of attending the funeral (including making arrangements for the
funeral and attending a wake, memorial service and/or burial).
Section 9.3 Maternitv/Paternity Leave
Upon reasonable written request submitted to the Police Chief at least one month prior to
the beginning date of a requested leave, the Police Chief, with the approval of the Village
Manager, shall grant an Officer an unpaid maternity/paternity leave of absence not to
exceed twelve (12) weeks for the purpose of taking care of the newly born child. During
the maternity/paternity leave the employee will not forfeit any accrued sick leave,
vacation, or seniority rights previously earned during the period of employment. An
employee shall not earn sick leave during a maternity/paternity leave. For unpaid
maternity/paternity leave the Village will continue to pay its share of the cost to maintain
insurance coverage for full-time employees who have worked at least 1,250 hours over
the previous twelve (12) months. If the employee fails to return to work for reasons other
than the serious health condition of the employee or an immediate family member, the
employee shall repay to the Village the premiums paid on the employee's behalf to
maintain insurance coverage while on unpaid maternity/paternity leave.
Section 9.4 Other Leaves of Absence
In addition to leaves of absence specified in this Agreement, employees shall also be entitled
to other leaves of absence granted to Village employees. Such additional or other leaves of
absence shall be granted in accordance with the terms and conditions specified from time to
time in the Village's personnel policies that are applicable to Village employees generally.
Section 9.5 Non-Em llooyment Elsewhere
A leave of absence will not be granted to enable an employee to try for or accept
employment elsewhere or for self-employment. Any employee who engages in
employment elsewhere (including self-employment) while on any leave of absence as
provided above shall be subject to immediate termination.
Section 9.6 Family and Medical Leave Act
In order to be in compliance with the Family and Medical Leave Act of 1993 ("FMLA") and
applicable rules and regulations, the parties agree that the Village may adopt policies to
implement the Family and Medical Leave Act of 1993 that are in accord with what is legally
permissible under the Act and the applicable rules and regulations.
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ARTICLE 10 VACATIONS
Section 10.1 Eligibility
The number of hours of vacation which an employee is eligible to receive annually shall be
based on the number of years of continuous full-time employment with the Village in
accordance with the following schedule:
Years of Continuous Service Number of Hours Per Year
1-4 Years 80
5-9 Years 120
10-19 Years 160
20 Years or More 200
Employees will be entitled to vacation leave in the calendar year following their date of hire.
The initial vacation period shall be prorated, based on the number of months worked in the
year of hire. Thereafter, the amount of vacation shall be in accordance with the foregoing
schedule. In the event an employee will complete an anniversary year after January 1 that will
entitle him to additional vacation time during that calendar year, such additional time can be
scheduled and taken prior to his anniversary date. In the year in which an employee will
complete his twenty-fifth year of service with the Village the employee shall receive an
additional eighty (80) hours of vacation for that year only.
Section 10.2 Vacation Eligibility
In order to accrue earned vacation, an employee must be paid for at least 1,800 hours during
the prior year.
Section 10.3 Vacation Pav
Vacation pay shall be paid at the rate of the employee's regular straight-time hourly rate of
pay in effect for the employee's regular job classification on the payday immediately
preceding the employee's vacation.
Section 10.4 Vacation Scheduling
a) In accordance with past practice, employees will make their annual vacation selections
on the basis of shift seniority between December 1st and December 15th. Vacation
time may be requested at any time on a first come basis after the date.
However, requests for vacation time of five (5) or more consecutive workdays shall be
made no later than fourteen (14) days in advance, except under special circumstances.
An Officer's vacation request is subject to the approval of the Chief of Police or
designee; such approval shall not be unreasonably withheld. Once such approval is
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obtained, a subsequent vacation request from a more senior Officer shall not supersede
the approved vacation of a junior Officer.
b) The parties agree that there are certain operational periods that may be blocked out
and unavailable for vacation requests due to operational needs of the Department (i.e.:
Taste of Oak Brook, Half Marathon). These periods will be determined by the Chief
of Police in advance prior to the start of the current calendar year and posted on the
schedule. Pursuant to request, one member of the bargaining unit may be allowed to
take vacation during those time periods. The final determination of the request will be
made by the Chief of Police.
c) The parties agree that Officers shall submit in writing, in the manner prescribed by the
Department, requests for time off, including but not limited to vacation,
compensatory, holiday, and personal time. Upon receipt of a written request, the
Village shall respond to the requesting Officer, in writing within fourteen (14) days
from the date the request was first received by the supervisor to whom the request was
directed. Should the Officer not receive a written response within ten (10) days by
way of posting approved time off on the schedule or in written form, the Officer shall,
in writing, again request a written response by the Village and deliver that request to
the supervisor to whom the first request was made with a copy to the appropriate
Commander.
Section 10.5 Limitation on Accumulation of Vacation
Unless written permission is granted in writing by the Village Manager due to extraordinary
circumstances, all of the annual vacation leave to which an employee is entitled shall expire
at the end of that calendar year.
ARTICLE 11
SALARIES AND ECONOMIC BENEFITS
Section 11.1 Salaries
Increases to the "minimum" and "maximum" levels of pay ranges and increases in the
individual salaries of the employees covered by this agreement, shall be in the amounts and
times described below.
Effective January 1, 2018, the minimum and maximum of the pay range for the positions
covered by this Agreement shall be increased by two and a half percent (2.5%) and shall be in
accord with the following:
POSITION MINIMUM MAXIMUM
Police Officer $66,726 ($30.56/hour) $99,573 ($45.59/hour)
* Officers assigned as detectives shall receive an annual stipend (pro rata if assigned for less
than a full year)of$2,000 per year.
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Effective January 1, 2019, the minimum and maximum of the pay range for the positions
covered by this Agreement shall be increased by two and a half percent (2.5%) and shall be
in accord with the following:
POSITION MINIMUM MAXIMUM
Police Officer $68,395 ($31.32/hour) $102,062 ($46.73/hour)
* Officers assigned as detectives shall receive an annual stipend (pro rata if assigned for less
than a full year) of$2,000 per year.
Effective January 1, 2020, the minimum and maximum of the pay range for the positions
covered by this Agreement shall be increased by (2.50%) and shall be in accord with the
following (the minimum of the pay range shall be frozen):
POSITION MINIMUM MAXIMUM
Police Officer $70,105 ($32.10/hour) $104,613 ($47.90/hour)
* Officers assigned as detectives shall receive an annual stipend (pro rata if assigned for less
than a full year) of$2,000 per year.
Section 11.2 Retroactivity
Employees covered by this Agreement who are still on the active payroll as of the beginning
of the next payroll period immediately following ratification of this Agreement by both
parties shall receive a retroactive payment which shall be based on the difference between
the hourly rate they received between January 1, 2018, and the beginning of said payroll
period and the salary they would have received during the same period of time based on the
salary ranges set forth above, provided that any employee who retired after January 1, 2018,
but before this Agreement was ratified by both parties shall also be eligible to receive
retroactive pay based on the hours paid between January 1, 2018, and the date of retirement.
Such retroactive pay shall be made on an hour for hour basis for all hours paid, (including all
court time and overtime hours) since January 1, 2018. Such retroactivity pay shall be paid as
soon as reasonably practicable following ratification of the Agreement by Union
membership and approval by the Village but in no event later than sixty (60) days after
ratification by the parties.
Section 11.3 Grievances Concerning Performance Increases
If an employee believes that the Village has acted arbitrarily, unreasonably, or
discriminatorily with respect to a performance increase, then the employee may grieve the
matter in accordance with the grievance and arbitration procedure set forth in this
Agreement.
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Section 11.4 Performance Increases
In addition to the automatic annual pay range adjustments described in Section 11.1,
Salaries, employees who are not at the top of the grade may receive performance increases
each anniversary year as provided by the Employee Personnel Manual for non-covered
employees of the Village. Salary increases for performance shall be made using the
evaluation form in place on January 1, 2015 in accordance with the following schedule for
the calendar years of 2018, 2019, and 2020.
Category Percent Increase
Needs Improvement 0.00%
Meets Standards 2.00%
Above Standards 3.00%
Excellent 3.50%
Section 11.5 Longevill Pav
Employees with ten (10) or more years of bargaining unit service as of January 1 2004, and
as of January 1 thereafter, will receive annual longevity pay in accordance with the following
schedule:
Years of Service Longevity Pay
Amount
10 years but less than 15 $500
15 years but less than 20 years $600
20 years or more $700
Section 11.6 Holidays and Personal Days
The following are the holidays observed by the Village of Oak Brook Police Department:
New Year's Day Labor Day
Martin Luther King's Birthday Thanksgiving Day
Good Friday (1/2 day) Day After Thanksgiving
Easter Sunday Christmas Eve
Memorial Day Christmas Day
Independence Day New Year's Eve (1/2 Day)
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In lieu of being granted time off on the holiday observed by the Village, each employee shall
be credited with eighty-eight (88) hours off each calendar year (pro rata if employed less
than one year). In addition, each employee shall be credited with one (1) personal day off
each calendar year. Said eighty-eight (88) hours and one (1) personal day without loss of
pay shall be scheduled at the mutual convenience of the employee and the Department.
Personal days off, when it causes staffing to fall below minimums, may be approved by the
Patrol Division Commander, when special circumstances exist. The following compensation
guidelines shall apply to those days (listed above) observed as holidays by the Oak Brook
Police Department:
a) If an employee works on a holiday, in addition to his normal pay, the employee will receive
an additional one-half(.5) hours pay at his regular straight time hourly rate of pay for all
hours worked on said holiday unless those hours of work are voluntary and funded by an
outside source(e.g. special detail or grants).
b) If an employee works on a holiday that is not a regularly scheduled day of work for said
employee, the employee will be paid two (2) times his/her regular hourly rate of pay for each
such hour that he/she works on said holiday unless those hours of work are voluntary and
funded by an outside source(e.g. special detail or grants).
c) If an employee works more than his or her regularly scheduled number of hours on a holiday
that is a regular scheduled day of work for said employee, the employee will be paid two (2)
times his/her regular hourly rate of pay for each additional hour that he/she works on said
holiday unless those hours of work are voluntary and funded by an outside source, (e.g.
special detail or grants).
Section 11.7 Uniforms and Equipment
Upon initial hire, employees covered by this Agreement shall be provided at Village expense
with an initial issue of uniforms and equipment. Pursuant to its quartermaster system, the
Village will replace required uniform and equipment items through vendors selected by the
Village as they become worn out or damaged, provided that the employee must turn in worn
out/damaged uniform and equipment items to the Department Quartermaster and receive
approval from the Department Quartermaster to replace the item or items in question. It is
understood that equipment items may be appropriately repaired rather than replaced if it is
reasonable to repair the item. Any employee who does not turn in worn out/damaged
uniform and equipment items shall be required to pay for the replacement.
Section 11.8 Clothing Allowance for Detectives
All detectives shall receive a $750 and all Tactical Officers shall receive $250 a year
clothing allowance payable January 1 of each year (pro rata if assigned as a detective or
tactical officer less than a full year).
Section 11.9 Tuition Reimbursement
Employees covered by this Agreement shall be eligible to participate in any tuition
reimbursement plan that the Village may have in effect from time to time on the same terms
and conditions that are applicable to Village employees generally.
{00516404.DOCX v.2} 27
Section 11.10 Educational Incentive
During the term of this Agreement, employees hired prior to October 1, 1980, shall continue
to receive on a grandfathered basis the same education incentive that was in effect prior to
the effective date of this Agreement.
Section 11.11 Severance Pay
Employees covered by this Agreement shall be eligible to receive severance pay on the same
terms and conditions that may be in effect from time to time for Village employees
generally.
Section 11.12 Pay for Serving as Field Training Officer
Employees who are assigned to serve as Field Training Officers shall receive an additional
$4.00 an hour per hour above their base salary for each hour they actually work as a Field
Training Officer.
Section 11.13 Assistant Shift Commander or Officer in Charge of Detectives Pav
An employee assigned to serve as Assistant Shift Commander or Officer in Charge of
Detectives shall be compensated $4.00 an hour above his regular hourly rate of pay for each
hour actually worked as an Assistant Shift Commander or Officer in Charge of Detectives.
ARTICLE 12 INSURANCE
Section 12.1 Dental. Health.Life. and Vision Insurance Coverage
The Village of Oak Brook's dental, health, life, and vision insurance plans in effect on July 1,
2015, shall be continued; provided, however, the Village retains the right to add new plans
during the term of this Agreement, change insurance carriers, third party administrators, or to
insure as it deems appropriate, including through a health insurance cooperative or exchange,
so long as the new coverage and new benefits are substantially similar to those which were in
effect on July 1, 2015, including the following:
1. A Section 125 Flex Plan that will enable employees to tax shelter the amount they pay
towards the cost of employee, employee plus one, or family coverage, as well as tax shelter
amounts used to pay for qualified unreimbursed medical expenses and qualified child
care/dependent care expenses, only so long as the program continues to be authorized by the
Internal Revenue Service;and
2. The Village will continue to offer employees, under the same terms and conditions that are
offered to non-represented Village employees, the opportunity to participate in the Village's
Health Savings Account (BSA) program. The Village will continue to offer this program only
so long as the program is offered to non-represented Village employees and/or BSA program
continues to be authorized by the Internal Revenue Service; and
3. As part of the Village's wellness benefit, the Village will continue to offer well adult care
(age 14 and up) with the PPO option, which includes one hundred (100) percent in network
{00516404.DOCX v.2} 28
coverage for annual physical exams including routine diagnostic tests and mammograms; one
hundred(100) percent in network well child care (to age 14) which includes physical exams,
immunizations and routine diagnostic tests and well-baby care at one hundred (100) percent
prior to discharge from hospital. The High Deductible PPO adult well care benefit (age 14 and
up) includes one physical exam and one gynecological exam per calendar year, paid at one
hundred
(100) percent. Well child care up (to age 14), one hundred (100) percent coverage for physical
exams, immunizations, and routine diagnostic tests, including well baby care at one hundred
(100) percent prior to discharge from hospital. HMO wellness benefit covered at one hundred
(100)percent with a$20 office visit co-pay for each visit.
Employees may select single, employee plus one, or family coverage, during the enrollment
period established by the Village. Effective January 1, 2015 each Employee shall pay twenty
(20) percent of the cost of dental insurance, if selected; and twenty (20) percent of the cost of
PPO health insurance, if selected; or choose to participate in the same Village HMO or the
same Village HD PPO health insurance plans being offered to non-represented Village
employees in which employees shall pay fifteen (15) percent of the cost of HMO health
insurance, if selected; or twelve and half (12.5) percent of the cost of HD PPO health
insurance, if selected. If an employee chooses either the Village's HMO or HD PPO health
insurance options, an employee agrees to the same terms and conditions that are offered to
non-represented Village employees as of July 1, 2014, unless noted within this Agreement.
01/01/2018 -12/31/2020
HMO HDPPO PPO
SINGLE 15%of total premium 12.5%of total premium 20%of total premium
No deductible $1,500 individual deductible $400 individual deductible
$10 Generic;$30 Formulary; Prescription drugs covered at 80% $10 Generic;$30 Formulary;
$50 Non-formulary; 80%Specialty after deductible is satisfied. $50 Non-formulary;80%Specialty
Meds,up to$200/Rx with$1,000 Meds,up to$200/Rx with$1,000
annual max annual max.
90%Co-Insurance In-Network
after deductible/70%Co-
Insurance Out of Network after
deductible
SINGLE+ONE 15%of total premium 12.5%of total premium 20%of total premium
No deductible $3,000 single+ 1 deductible $800 single+ 1 deductible
$10 Generic;$30 Formulary; Prescription drugs covered at 80% $10 Generic;$30 Formulary;
$50 Non-formulary; 80%Specialty after deductible is satisfied. $50 Non-formulary; 80%
Meds,up to$200/Rx with$1,000 Specialty Meds,up to$200/Rx
annual max.. with$1,000 annual max.
90%Co-Insurance In-Network
after deductible/70%Co-
Insurance Out of Network after
deductible
{00516404.DOCX v.2} 29
FAMILY 15%of total premium 12.5%of total premium 20%of total premium
No deductible $4,500 family deductible Prescription $1,200 family deductible
$10 Generic;$30 Formulary; drugs covered at 80%after deductible $10 Generic;$30 Formulary;
$50 Non-formulary; 80%Specialty is satisfied. $50 Non-formulary; 80%
Meds,up to$200/Rx with$1,000 Specialty Meds,up to$200/Rx
annual max.. with$1,000 annual max.
90%Co-Insurance In-Network
after deductible/70%Co-Insurance
Out of Network after deductible
Employees will continue to be eligible for a smoking cessation program under the same
terms and conditions that are offered to non-represented Village employees. The Village will
continue to offer a smoking cessation program only so long as it is offered to non-
represented Village employees.
The Village's hospitalization and health insurance program shall include the following
provisions which may be changed from time to time by the Village, so long as such changes
are the same as those applicable to non-represented employees generally:
4. Effective January 1, 2018 through December 31, 2020 the PPO deductible will be $400
for employee only, $800 deductible for employee plus one coverage, and $1,200
deductible for family coverage.
5. A maximum lifetime amount per covered person for orthodontia of $3,000 until
December 31, 2017.
6. Effective January 1, 2015 through December 31, 2017, a prescription drug benefit for the
PPO and HMO plans with an employee co-pay of$10 for Generic drugs, $30 for Brand
Formulary Drugs, $50 co-pay for Brand Non-Formulary Drugs, and 80% for specialty
medications with a maximum out of pocket of $200 per prescription, maximum annual
out of pocket of $1,000. Mail order Prescription Drug benefit provides up to a ninety
(90) day supply of maintenance drugs used on a continuous basis for two (2) times the
retail co-pays. Oral contraceptives are covered by mail order only. Prescription drugs are
covered at eighty (80) percent after the deductible is satisfied with the HD PPO.
7. During the term of this Agreement the Village agrees to offer employees, under the same
terms and conditions that are offered to non-represented Village employees, the
opportunity to participate in the Village's vision insurance. The Village will continue to
offer vision insurance only so long as vision insurance is offered to non-represented
Village employees.
Section 12.2 Cost Containment
The Village reserves the right to maintain or institute cost containment measures relative to
hospitalization and medical insurance coverage so long as the benefits and coverage are not
reduced thereby except for failure to comply with reasonable cost containment procedures.
Such measures may include, but are not limited to, mandatory second opinions for elective
surgery, pre-admission and continuing admission review, managed care, prohibition on
{00516404.DOCX v.2} 30
weekend admissions except in emergency situations, bounty clause, and mandatory out-
patient elective surgery for designated surgical procedures.
Section 12.3 Terms of Policies to Govern
The interpretation by the insurance company/third party administrator of the extent of
coverage under the Village of Oak Brook's dental, and/or health, and/or life and/or vision
plans shall be governed by the terms and conditions set forth in said plans. Any dispute
concerning the correctness of the insurance company's/third party administrator's
interpretation of coverage under said plan and/or the declination of benefits thereunder, in
whole or in part, shall not be subject to the grievance procedure set forth in this Agreement.
Nothing herein shall be interpreted to waive any right which any covered person may
otherwise have to seek legal redress for denial of coverage and/or benefits under said plan.
Section 12.4 Right to Maintain Coverage While on Unpaid Leave or on Layoff
Except as provided in Section 11.3 (Maternity Leave/Paternity Leave) or as required by
applicable law, an employee who is on an approved unpaid leave of absence or who is on
layoff with recall rights shall have the right to maintain insurance coverage by paying
monthly in advance the full applicable monthly premium for employee coverage and, if
desired, for employee plus one or for family coverage.
Section 12.5 Term Life Insurance
The Village agrees to continue with the ratification of this Agreement by both parties, that
each employee covered by this Agreement shall be provided with term life insurance
coverage in the amount of $100,000. The Village continues to retain the right to change
carriers and/or self-insure this benefit.
Section 12.6 Retirement Health Savings Plan
During the term of this Agreement the Village agrees to work with the Union to establish a
Retirement Health Savings Plan ("RHS Plan") provided by the International City
Management Association Retirement Corporation ("ICMA-RC") and make it available to its
employees. The details of the RHS Plan shall be determined by the Village. It is agreed and
understood that by establishing a RHS Plan the Village shall not incur any costs or liability.
Section 12.7 Health Insurance Advisory Committee
The Village shall establish a Health Insurance Advisory committee. Two (2) members of the
bargaining unit shall participate in this Committee. The Committee will receive and review
proposals from health insurance providers and may make recommendations to the Village.
The Village shall consider, but shall not be bound by, the committee's recommendations, if
any, prior to entering into any contract to provide health insurance benefits for bargaining
unit employees.
{00516404.DOCX v.2} 31
ARTICLE 13 MANAGEMEN RIGHTS
Except as specifically modified by other articles of this Agreement, the Union recognizes the
Village's exclusive right to make and implement decisions with respect to the operation and
management of its operations in all respects. Such rights include but are not limited to the
following: to plan, direct, control and determine all the operations and services of the
Village; to supervise and direct the working forces; to establish the qualifications for
employment and to employ employees; to establish specialty positions and to select
personnel to fill them; to establish physical and mental fitness standards; to schedule and
assign work; to transfer employees; to determine work hours, including shift hours; to
establish reasonable work and productivity standards and, from time to time, to change those
standards; to assign overtime; to determine the methods, means, organization and number of
personnel by which operations are conducted; to subcontract or contract out goods and/or
services; to determine whether work and/or services are to be provided by employees
covered by this Agreement (including which employees) or by other employees or persons
not covered by this Agreement; to make, alter and enforce reasonable rules, regulations,
orders and policies; to evaluate employees; to determine, change or eliminate existing
methods, facilities, equipment (including weapons and ammunition) or facilities; and to
carry out the mission of the Village. If in the sole discretion of the President and Board of
Trustees or the Village Manager, it is determined that civil emergency conditions exist,
including, but not limited to, riots, civil disorders, tornado conditions, floods, or other
similar catastrophes, the provisions of this Agreement may be suspended by the President of
the Board of Trustees or the Village Manager during the time of the declared emergency,
provided that wage rates and monetary fringe benefits shall not be suspended.
ARTICLE 14 DRUG AND ALCOHOL TESTING
Section 14.1 General Policy Regarding Drugs and Alcohol
The use of illegal drugs and the abuse of legal drugs and alcohol by members of the Police
Department present unacceptable risks to the safety and well-being of other employees and
the public, invite accidents and injuries, and reduce productivity. In addition, such conduct
violates the reasonable expectations of the public that the employees who serve and protect
them obey the law and be fit and free from the effects of drug and alcohol abuse. In the
interest of employing persons who are fit and capable of performing their jobs, and for the
safety and well- being of employees and residents, the Village and the Union agree to
establish a program that will allow the Village to take the necessary steps, including drug
and/or alcohol testing, to implement a general policy regarding drugs and alcohol.
Section 14.2 Defmitions
A." Drugs" shall mean any controlled substance listed in Chapter 56-1/2 of the Illinois
Revised Statutes, known as the Controlled Substances Act, for which the person tested does
not submit a valid pre-dated prescription. In addition, it includes "designer drugs" which may
not be listed in the Controlled Substances Act, but which have adverse effects on perception,
judgment, memory or coordination. Among the drugs covered by this policy are the
following:
{00516404.DOCX v.2 1 32
Opium Methaqualone Psilocybin-psilocin MDA
Morphine Tranquilizers PCP
Codeine Cocaine Chloral Hydrate
Heroin Amphetamines Methylphenidate
Meperidine Phenmetrazine Hash
Marijuana LSD Hash Oil
Barbiturates Mescaline
Glutethimide Steroids
B. The term "drug abuse" includes the use of any controlled substance which has not been
legally prescribed and/or dispensed, or the abuse of a legally prescribed drug which results in
impairment while on duty.
C. "Impairment" due to drugs or alcohol shall mean a condition in which the employee's
ability to properly perform his duties due to the effects of drugs or alcohol in his body is
diminished. When an employee tests positive for drugs or alcohol, impairment is presumed.
Section 14.3 Prohibitions. Police Officers shall be prohibited from:
1. Consuming or possessing alcohol or illegal drugs at any time during the work day,
unless pursuant to official assignment.
2. Using, selling, purchasing or delivering any illegal drug at any time unless pursuant to
official assignment.
3. Being impaired due to the use of alcohol, legal drugs or proscribed drugs during the
course of the work day.
4. Failing to report to their supervisor any known adverse side effects of medication or
prescription drugs which they are taking.
5. Failure to report the use, possession or sale of illegal drugs by other members of the
Department to the employee.
Violations of these prohibitions will result in disciplinary action up to and including
discharge.
Section 14.4 The Administration of Tests
A. Informing Employees Regarding Drug Testing: All current employees will be given a copy
of this Drug & Alcohol Testing provisions upon execution of the agreement between the
parties. All newly hired employees will be provided with a copy at the start of their
employment.
B. Pre-Employment Screening: Nothing in this policy shall limit or prohibit the Village from
requiring applicants for bargaining unit positions to submit to blood and/or urine specimens to
be screened for the presence of drugs and/or alcohol prior to employment.
100516404.DOCX v.2} 33
C. When a Test May Be Compelled. There shall be no random, across-the-board, or routine
drug testing of employees except as otherwise expressly agreed to in writing by the
parties. Where there is reasonable suspicion to believe that an employee is either impaired
due to being under the influence of drugs or alcohol while on duty or has violated the
prohibitions specified in Section 14.3, that employee may be required to report for
drug/alcohol testing. At the time the employee is ordered to submit to testing, the Village
shall notify the Union representative on duty and if none is on duty, the Village shall make
a reasonable effort to contact an off-duty Union representative. Refusal of an employee to
comply with the order for a drug/alcohol screening will be considered as a refusal of a
direct order and will be cause for disciplinary action up to and including discharge.
It is understood that drug or alcohol tests may be required at least under the following
conditions:
1. When an employee has been arrested or indicted for conduct involving illegal drug related
activity on or off duty;
2. When an employee is involved in an on-the-job injury causing reasonable suspicion of
illegal drug use or alcohol abuse;
3. When an employee is involved in an on-duty accident involving a reportable injury to a
police Officer or another party or damage to police department equipment or to another party
of at least $1,000;
4. When an employee commits a serious rules violation in connection with a work assignment;
5. Where an employee has experienced excessive absenteeism or tardiness under
circumstances giving rise to a suspicion of off-duty drug or alcohol abuse.
The above examples do not provide an exclusive list of circumstances which may give rise to
testing. In addition, other circumstances may give rise to testing provided they conform to
the reasonable suspicion standard. The reasonable suspicion standard for this purpose exists
if the facts and circumstances warrant a rational inference that a person is either impaired by
alcohol or controlled substances or has violated the prohibitions contained in Section 14.3.
Reasonable suspicion will be based upon the following:
1. Observable phenomena, such as direct observation of use and/or the physical symptoms
of impairment by use of alcohol or use of controlled substances;
2. Information provided by an identifiable third party which is independently corroborated
or is from a source which is credible based on providing previous corroborated tips or
information.
D. Order to Submit to Testing: At the time an employee is ordered to submit to testing
authorized by this Agreement, the Village shall provide the employee with the reasons
for the order. A written notice setting forth objective facts which formed the basis of the
order to test will be provided in a reasonable time period following the order. The
employee shall be permitted to consult with a representative of the Union at the time the
{00516404.DOCX v.2} 34
order is given, provided that such a representative is available within a thirty (30) minute
time period and the consultation is concluded within forty-five (45) minutes from the
time the order is given. A refusal to submit to such testing may subject the employee to
discipline, but the employee's taking of the test shall not be construed as a waiver of any
objection or rights that he/she may have. When testing is ordered, the employee will be
removed from duty and placed on leave with pay pending the receipt of results.
Section 14.5 Conduct of Tests
The Village may use breathalyzer tests for alcohol testing. In conducting the testing
authorized by this Agreement (other than by use of a breathalyzer, with respect to which only
item h., below, shall apply), the Village shall:
(a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the
Illinois Clinical Laboratory Act that has been accredited by the National Institute or
Drug Abuse (NIDA).
(b)Use of tamper proof containers, have a chain-of-custody procedure, maintain
confidentiality, and preserve specimens for a minimum of twelve (12) months.
(c) Collect a sufficient sample of the same bodily fluid or material from a police Officer to
allow for initial screening, a confirmatory test and a sufficient amount to be set aside
reserved for later testing if requested by the employee.
(d)Confirm any sample that tests positive in the initial screening of drugs by testing the second portion
of the same sample by gas chromatography, plus mass spectrometry or an equivalent or better
scientifically accurate and accepted method that provides quantitative data about the detected drug or
drug metabolites.
(e) Provide the employee tested with an opportunity to have the additional sample tested by a
clinical laboratory or hospital facility of the employee's own choosing, at the employee's own
expense, provided the employee notifies the Human Resources Director in writing within
seventy-two (72) hours of receiving the results of the tests of the employee's desire to utilize
another laboratory or hospital facility.
(f) Require that with regard to alcohol testing, for the purpose of determining whether the
employee is under the influence of alcohol, test results that show an alcohol concentration of.04
or more based upon the grams of alcohol per one hundred (100) milliliters of blood be
considered conclusively positive.
(g) Provide each employee tested with a copy of all information and reports received by the
Village in connection with the testing and the results.
(h) Insure that no employee is subject to any adverse employment action except temporary
reassignment with pay or relief from duty with pay during the pendency of any testing procedure.
{00516404.DOCX v.2} 35
Any such reassignment or relief from duty shall be immediately discontinued in the event of a
negative test result, and all records of the testing procedure will be expunged from the
employee's personnel files.
(i) Require that the laboratory or hospital facility report to the Village that a blood or urine
sample is positive only if both the initial and confirmatory test are positive for a particular
drug. The parties agree that should any information concerning such testing, or the results
thereof be obtained by the Village inconsistent with the understanding expressed herein, the
Village shall not use such information in any manner or forum adverse to the employee's
interests.
G) Engage the services of a medical expert experienced in drug testing to design an appropriate
questionnaire to be filled out by an employee being tested to provide information of food or
medicine or other substance eaten or taken by or administered to the employee which may affect
the test results and to interview the employee in the event of positive test results to determine if
there is any innocent explanation for the positive reading.
Section 14.6 Cutoff Levels
The initial test cutoff levels shall be in accordance with the then applicable cutoff levels
established by the Department of Health and Human Services. All specimens identified as
positive on the initial screening test shall be confirmed using BC/MC techniques (or
scientifically equivalent or better techniques) at the cutoff levels in accordance with the then
applicable cutoff levels established by the Department of Health and Human Services.
Section 14.7 Right to Contest
The Union and/or the employee, with or without the Union, shall have the right to file a
grievance concerning any testing permitted by this Agreement.
Section 14.8 Voluntary Requests for Assistance
The Village shall make available a means by which the employee may obtain referrals and
treatment. Such requests for assistance with drug and/or alcohol problems shall be held
strictly confidential by the Village and no one in the Village shall be informed of any such
request or any treatment that may be given unless the employee consents to the release of
any such information, except that the Village Manager and Police Chief and/or Support
Services Division Commander may be informed of the request for assistance when necessary
to accommodate scheduling needs or when deemed necessary by the professional providing
the assistance. Except as provided in the last paragraph of this Section, the Village shall take
no disciplinary action against an employee who voluntarily seeks treatment, counseling or
other support for an alcohol or drug related problem. While undergoing voluntary treatment
or evaluation, employees shall be allowed to use accumulative sick and/or paid leave and/or
placed on unpaid leave pending treatment. Such leave shall not exceed twelve (12) calendar
weeks. While undergoing treatment, the employee shall comply with and implement all
conditions and recommendations of the program counselor or treatment team. The provisions
{00516404.DOCX v.2 1 36
of this Section shall not be applicable when the request for assistance follows the order to
submit to testing or follows a finding that the employee is using illegal drug(s) or is under
the influence of drug(s) or alcohol.
Section 14.9 Confidentiality of Test Results
The results of drug and alcohol tests will be disclosed to the Police Chief, the Village
Manager, and such other officials on a strict "need-to-know" basis. In addition, if requested,
the person tested, and/or the designated representative of the Union shall be provided the
results of drug and alcohol tests. Unless required by court order or as evidence presented by
the Village in disciplinary proceedings involving the police Officer who has been tested, test
results will not be disclosed externally except where the person tested consents. Any
employee whose drug/alcohol screen is confirmed positive shall have an opportunity at the
appropriate state of the disciplinary process to refute said results.
Section 14.10 Discipline for Positive Tests
Employees who test positive as defined herein for drug(s) or alcohol are subject to
disciplinary action up to an including discharge. Such disciplinary action shall be subject to
applicable appeal process.
Section 14.11 Random Drug Testing
The details of random drug and alcohol testing will be worked out through the Labor-
Management Committee process and made part of agreement upon mutual agreement of such
the details.
ARTICLE 15 MISCELLANEOUS
Section 15.1 Gender of Words
The masculine gender as used herein shall be deemed to include the feminine gender, unless
the feminine gender is clearly inappropriate in the context of the provision(s) concerned.
Section 15.2 Fitness Examinations
If there is any question concerning an employee's fitness for duty or fitness to return to duty
following a layoff or authorized leave, the Village may require, at its expense that the
employee have an examination by a qualified and licensed medical professional(s) selected
by the Village. If said doctor and the Village determine that an employee is not fit for duty
based on the results of such an examination(s), the Village may place the employee on sick
leave.
Section 15.3 ARnlication of Agreement to Special Enforcement Units
Officers who are voluntarily assigned to special law enforcement units such as the
Metropolitan Enforcement Group ("MEG") and BATTLE ("Beat Auto Theft Through Law
Enforcement") shall be, while so assigned, subject to the practices, policies, procedures and
directives of such special law enforcement unit. The application of such practices, policies,
100516404.DOCX v.2 1 37
procedures and directives shall not be subject to the grievance and arbitration procedures of
this Agreement and, while so assigned, said practices, policies, procedures and directives of
the special law enforcement unit applicable to hours of work and overtime shall be deemed
to supersede inconsistent or contrary provisions of Article VIII (Hours of Work and
Overtime) of this Agreement.
Section 15.4 No Solicitation
The Union agrees that its Officers and business representatives will not solicit, and will not
authorize, request or encourage members of the bargaining unit to solicit, orally or in
writing, merchants, businesses, residents or citizens located within the Village of Oak Brook
for contributions or donations for the Union treasury or to purchase advertising in any Union
publication, without the prior written approval of the Village Manager.
Section 15.5 Travel Time Comvensation/Mileage Reimbursement
Mileage reimbursement is paid from the employee's departure from his/her home to the
training site for Department authorized training only except for single full day (eight (8)
hour) training sessions. Said reimbursement is paid from the employee's departure from the
Police Station for court, the distances to court having been pre-measured to be: seventeen
(17) miles round trip to/from Addison Field Court; and, twenty-six (26) miles round trip
to/from Wheaton House Court (DuPage County). The Parties agree that, notwithstanding
Section 8.7 of this agreement, all time spent traveling to/from authorized department training
shall be considered hours worked. The Parties further agree that no compensation will be
made for travel time or mileage reimbursement for training that takes place within the
Village of Oak Brook. Payment under this section shall be required only when the Chief of
Police does not have a Village vehicle available for use and the employee must use his own
vehicle.
Section 15.6 Mileage
One (1) check for mileage shall be paid quarterly, provided that the amount of the check is
for at least $25.00.
Section 15.7 Bill of Rights
The Village agrees to comply with the Bill of Rights as set forth in Illinois Uniform Police
Officers' Disciplinary Act, 50 ILCS 725/1 et seq., and that an employee in a disciplinary
proceeding before the Chief of Police may assert as a defense that the Village has not
complied with the Uniform Police Officers' Disciplinary Act; provided, however, said Bill of
Rights shall not be subject to the grievance and arbitration procedure set forth in this
Agreement (Article 5).
Section 15.8 Disci In ine
The parties agree that all disciplinary matters shall be subject to appeal through the Labor
Agreement's Grievance Procedure Article 5 only. The parties agree that verbal warnings and
written reprimands are subject to the grievance procedure, but not arbitration. The parties
{00516404.DOCX v.2 1 38
agree that the Chief of Police (or the Chiefs designee) shall have the right to discipline, up to
and including termination of a non-probationary Officer for just cause, without filing charges
with the Village Board of Fire and Police Commissioners. Neither the Police Chief nor the
Village or their agents/designees will file charges asking the Board of Fire and Police
Commissioners to impose discipline on any non-probationary bargaining unit employee;
instead all such discipline shall be imposed by the Police Chief or designee. The decision of
the Police Chief or the Chiefs designee with respect to the suspension or dismissal action
shall be deemed final, subject only to the review of said decision through the grievance and
arbitration procedure. The sole recourse for appealing any such decision by the Chief of
Police shall be for the employee to file a grievance as described herein. If the employee
elects to file a grievance as to their suspension or dismissal, the grievance shall be processed
in accordance with Article 5 of this Agreement, except that it shall be filed at Step 3 of the
procedure. No relief shall be available from the Board of Fire and Police Commissioners
with respect to any matter which is subject to the grievance and arbitration procedure set
forth in Article 5 of this Agreement. Any appeal of any Arbitrator's award shall be in
accordance with the provisions of the Uniform Arbitration Act as provided by Section 8 of
the IPLRA. The parties have negotiated an alternative procedure based upon the grievance
and arbitration provision of this Agreement, and the foregoing provisions with respect to the
appeal and review of suspension or discharge decisions shall be in lieu of, and shall expressly
supersede and preempt, any provisions that might otherwise be the Rules and Regulations of
the Village Board of Fire and Police Commissioners.
Section 15.9 Secondary Employment
Permission must be obtained prior to accepting or commencing any secondary employment
or business venture. Such permission shall be requested in writing citing all the facts of such
employment or business venture including location, hours, days and type. Any employee
who engages in employment outside of regular duty hours shall be subject to call at any time
to perform the duties and fulfill the responsibilities of his position with the Department.
Performance of police duties for or in another community is prohibited. Performance of
private security duties within the Village Oak Brook as secondary employment may be
permitted subject to the approval of the Police Chief. Secondary employment or business
venture of any nature shall not be conducted during duty hours. Primary employment plus
secondary employment or business venture shall be limited to seventy-two (72) hours per
week in the aggregate (a week being seven(7) days,Monday through Sunday).
Section 15.10 Disability
An employee who is injured in the line of duty shall be eligible for disability pay in
accordance with the provisions of Illinois Revised Statutes, Chapter 90, Section 70.
Notwithstanding any other provision in this Agreement, no paid sick leave days, paid
vacation, or pay increases will be accrued or earned while on a work-related disability leave.
Section 15.11 Restricted Duty
The Village may require an employee who is on sick leave or Worker's Compensation leave
(as opposed to disability pension) to return to work in an available restricted duty assignment
that the employee is qualified to perform, provided the Village's physician has determined
{00516404.DOCX v.2} 39
that the employee is physically able to perform the restricted duty assignment in question
without significant risk that such return to work will aggravate any pre-existing injury and
that there is a reasonable expectation that the employee will be able to assume full duties and
responsibilities within three (3) months. An employee who is on sick leave or Worker's
Compensation leave (as opposed to disability pension) has the right to request that he be
placed in an available restricted duty assignment that the employee is qualified to perform
and such a request shall be reasonably granted, provided that the Village's physician (or the
employee's physician at the Village's option) has reasonably determined that the employee is
physically able to perform the restricted duty assignment in question without significant risk
that such return to work will aggravate any pre-existing injury and that there is a reasonable
expectation that the employee will be able to assume full duties and responsibilities within
three (3) months. If an employee returns or is required to return to work in a restricted duty
assignment and the employee is unable to assume full duties and responsibilities within three
(3) months thereafter, the Village retains the right to place the employee on unpaid disability
leave, thereby giving the employee the opportunity to apply for a disability pension. Nothing
herein shall be construed to require the Village to create restricted duty assignments for an
employee. Employees will only be assigned to restricted duty assignments when the Village
at its sole discretion determines that the need exists and only as long as such need exists.
Section 15.12 Access to Personnel File
Upon reasonable request, an employee shall have the right to review the non-confidential
documents (such as psychological exams and references concerning the employee's initial
hiring) in his personnel file, provided that no documents in an employee's file shall be marked
or altered. Any documents claimed to be confidential must be generically identified in
writing to the employee at the time employee reviews his personnel file. An employee may
request that a copy of any of the non-confidential documents in his personnel file be copied. If
such a request is made, the employee may be requested to reimburse the Village for the
reasonable cost of copying any such documents (not to exceed the charges the Village
assesses for Freedom of Information Act requests). Nothing herein shall require the Village
to collate or compile any information.
Section 15.13 Union Representation
An employee subject to formal interrogation which the employee reasonably believes might
result in his/her suspension without pay or discharge shall have the right to request the
presence of either a Union representative or an attorney during said interrogation and may
request such representation at any time during the interrogation. The employee shall be
granted reasonable time to obtain the presence of a Union representative or an attorney.
During an informal interview, if two or more supervisors are present and the employee
reasonably believes that the informal interview might result in his/her suspension without
pay or discharge, the employee shall have the right to request the presence of a Union
representative who is a member of the bargaining unit during said interview and may request
such representation at any time during the interview. The employee shall be granted
reasonable time to obtain the presence of an employee Union representative. The presence of
a representative shall not interrupt or interfere with the Village's right to question employees,
or the obligation of employees to respond to questions relevant to the matter being
investigated. Notwithstanding the foregoing, the Village retains the right to question or
t00516404.DOCX v.2} 40
interrogate employees in emergency situations involving an immediate danger to the health
and safety of one or more persons without any obligation to wait until a representative or
attorney ispresent.
Section 15.14 Anonymous Complaints
An anonymous complaint shall not be used for disciplinary action unless it is substantiated.
An
unsubstantiated anonymous complaint shall not be included in an employee's personnel file.
Section 15.15 Reimbursement for Destruction of Personal Property
The Village shall reimburse Officers for the reasonable cost of replacement of personal
property required to be carried on duty (i.e., eyeglasses, contact lenses or watches) that are
destroyed or damaged in the actual line of duty (e.g., while making an arrest, while engaged
in foot pursuit, etc.) to the extent not covered by the Village's insurance plan (up to a
maximum of $50 for watches), provided that the employee's negligence or improper
performance of duties was not a cause of the damage. The Village may require that damage
for which reimbursement is requested be documented.
Section 15.16 Reimbursement of Training Costs
If an employee leaves the employment of the Village within the first three (3) years of
employment, except for reason of death or disability or if the employee is terminated, the
Village may require such employee to reimburse the Village for all costs incurred by the
Village for paid off-site training received by the employee during his/her employment with
the Village, including the costs associated with obtaining or maintaining certification as a
Peace Officer, except for the re-issuable equipment purchased for the employee, but
excluding the Officer's salary, in accord with the following formula:
Leaves within first year of employment 100%
Leaves within the second year of employment 80%
Leaves within the third year of employment 60%
Section 15.17 Inoculations
If the Village requires an employee to undergo a medical examination, except for a pre-
employment screening or fitness for duty examination, the Village shall administer or
provide, at Village expense, a Hepatitis B Virus (HBV) inoculation series to the employee.
Additionally, as inoculations become available (as approved by the FDA) for additional
strains of Hepatitis, Human Immune Deficiency Virus (HIV), related or Acquired Immune
efficiency Syndrome (AIDS) antibody positive conditions, such inoculations (to the extent
not covered by health insurance), at Village expense, shall be provided to all employees on a
voluntary basis.
100516404.DOCX v.2} 41
Section 15 18 Off-Duty and Practice Ammunition
Beginning January 1, 2015, the Village agrees to provide rounds of pistol ammunition at the
calibers allowed by the general orders of the department (type of pistol ammunition subject
to the Police Chiefs discretion) for required qualification and carrying of authorized off duty
weapons. Ammunition will only be provided for up to four (4) weapons.
ARTICLE 16 ENTIRE AGREEMENT
This Agreement constitutes the complete and entire agreement between the parties. This
Agreement supersedes and cancels all prior practices and agreements whether written or oral
which conflict with the express terms of this Agreement. The Village and the Union, for the
duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each
agrees that the other shall not be obligated, to bargain collectively with respect to any subject
or matter referred to or covered in this Agreement, including the impact of the Village's
exercise of its rights as set forth herein on wages, hours or terms and conditions of
employment. This paragraph does not waive the right to decisional or effects bargaining over
any subject or matter not referred to or covered in this Agreement that is a mandatory subject
of bargaining and concerning which the Village is considering changing during the term of
this Agreement.
ARTICLE 17 SAVINGS CLAUSE
In the event any Article, section or portion of this Agreement should be held invalid and
unenforceable by any federal or state board, agency or court of competent jurisdiction or by
reason of any existing or subsequently enacted federal or state legislation, such federal or
state decision or legislation shall apply only to the specific Article, section or portion
thereof specifically specified in the federal or state board, agency or court decision or
legislation and the remaining parts or portions of this Agreement shall remain in full force
and effect.
100516404.DOCX v.2} 42
ARTICLE 18 DURATION
This Agreement shall be effective as of the day after the contract is executed by both parties
and shall remain in full force and effect until 11:59 p.m. on the 31st day of December 2020.
It shall be automatically renewed from year to year thereafter unless either party shall notify
the other in writing at least one hundred twenty (120) days prior to the expiration date that it
desires to modify this Agreement. In the event that such notice is given, negotiations shall
begin no later than seventy-five (75) days prior to the expiration date unless the parties
mutually agree otherwise. After notice of a parties' desire to modify this Agreement as
provided above, 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) days' written
notice to the other party of its desire to telminate this Agreement, provided such termination
date shall not be before the expiration date set forth in the preceding paragraph.
VILLAGE OYOAK BROOK FRATERNAL ORDER OF POLICE
LABOR COUNCIL
By: By:
Gopal G. Lalmalani Paul Plinske
Villag President Union Steward
By: By:
Charlotte Pruss Donald Kms- Y_Q
Village Clerk Union Stewa
�.�F 0� By.
f/,rad �' Luis P ez
f� V 9Q Union Stew rd
Village Seal By:
Michael Hall
0 `2® Union Stew
c0(Ji NT'-j By:
Ro Christopherso
Uni Steward
By:
evin Krug
Northern Field Sup rvisor
{00516404.DOCX v.2} 43
APPENDIX A
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is agreed to by and between the Village of Oak Brook
and the Illinois Fraternal Order of Police Labor Council to address the use of Auxiliary
Police Officers in the current Collective Bargaining Agreement January 1, 2018 through
December 1, 2020. The parties to the Memorandum of Understanding agree to the following
understanding of the utilization of Auxiliary Police Officers as per the criteria listed below
and such understanding shall be made a part of the Labor Agreement between the parties for
the term of the Labor Agreement.
The Village may utilize the services of Auxiliary Police Officers to perform bargaining unit
work in accordance with 65 ILCS 5/3.1-30-20. If changes are implemented to 65 ILCS
5/3.1-30-20, the Employer agrees to bargain over the changes. The use of Auxiliary Police
officers will not result in layoffs, or reductions in the normal work hours or work performed
of or by bargaining unit members. The Chief of Police may designate specific work as
Auxiliary Police Assignments. Before offering any work to Auxiliary Police Officers other
than those designated as Auxiliary Police Assignments, members of the bargaining unit will
be afforded the opportunity to perform such work first. Implementation and staffing of the
Auxiliary Police Unit, the Chief of Police may afford additional members of the bargaining
unit to take vacation otherwise limited in Section 10.4(b) of this Labor Agreement. The
Employer agrees also to the following terms and conditions:
If a special detail is not voluntarily filled by full-time sworn officers up until forty-eight (48)
hours prior to the start of the assignment, auxiliary officers will be afforded the opportunity
to fill the detail, if allowable by state statute and policy, prior to forcing a sworn member.
When a special detail is posted less than 48 hours prior to the start of the assignment, the
posting will be open to both full time sworn officers and auxiliary police officers. Notice of
the posting will be sent by electronic means to all sworn members and any full-time officer
may bump an auxiliary officer up to twenty-four (24) hours prior to the start of the
assignment. Special detail as referenced in this section is defined as voluntary hours of work
funded by an outside source. No Auxiliary Police Officer shall cause any covered member
to be bumped or switched off of any assignment or normal work cycle as defined in Section
8.4 of this Labor Agreement, which is considered the work of full-time Oak Brook Police
Officers; No Auxiliary Police Officer may work an overtime assignment to back fill regular
patrol staffing in place of a full time sworn officer No Auxiliary Police Officer will be
employed in any capacity if any covered member is on lay-off other than those designated
as exclusively Auxiliary Police Assignments prior to the lay-off; (e.g.: Inland and Christ
Church Traffic Details). Any new Auxiliary Police Assignment after any lay-off of a covered
member will be subject to bargaining and interest arbitration if the parties cannot agree. It is
not the intention of the Employer to expand the use of auxiliary Police Officers while a
covered member is on layoff other than as defined above assignments. No Auxiliary Police
Officer shall be compensated at a rate of pay that is greater than the starting pay of a full-
time covered member. The Employer agrees the use of such Auxiliary Police Officers will
not cause loss of any current term and condition stated in the Collective Bargaining
Agreement.
{00516404.DOCX v.2} 44
Assignments for special events sponsored by the Village that are not voluntarily filled by
full time sworn officers up to ten (10) calendar days prior to the start of the assignment will
be open to Auxiliary Police Officers if allowable by state statute and policy. (e.g.: Taste of
Oak Brook, Oak Brook Half Marathon)
VILLAGE 6F OAK BROOK FRATERNAL ORDER OF POLICE
_ LABOR COUNCIL
By: By:
Go . Lalmalani Paul Plinske
Village resident Union Steward
1 `
By: BY ---
Charlotte Pruss Donald KTcmmkemlwp—
Village Clerk Union Steward
. .... BY:
a Luis Perez
' Union Steward
Village Seal ""` By:
Michael Hall
,o ® Union Ste rd-`
By: _..
Robert Chris phers.
Unio Ste d._.
By: •S
Kevin Krug
Northern Field Supervisor
100516404.DOCX v.2}
45
APPENDIX B DUES AUTHORIZATION FORM
ILLINOIS FRATERNAL ORDER OF POLICE, LABOR COUNCIL
974 CLOCKTOWER DRIVE
SPRINGFIELD, ILLINOIS 62704
I, hereby authorize my Employer, the Village of Oak Brook, to deduct from
my wages the uniform amount of monthly dues set by the Illinois Fraternal Order of Police
Labor Council, for expenses connected with the cost of negotiating and maintaining the
collective bargaining agreement between the parties and to remit such dues to the Illinois
Fraternal Order of Police Labor Council as it may from time to time direct. In addition, I
authorize my employer named hereinabove to deduct from my wages any back dues owed to
the Illinois Fraternal Order of Police Labor Council from the date of my employment, in
such manner as it so directs.
Date: Signed:
Address:
City:
State: Zip:
Telephone:
Employment Start Date:
Title:
Employer, please remit all dues deductions to:
Illinois Fraternal Order of Police Labor Council Attn: Accounting
974 Clocktower Drive
Springfield, Illinois 62704
(217) 698-9433
Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible
as charitable contributions for federal income tax purposes; however, they may be
deductible on Schedule A of Form 1040 as a miscellaneous deduction. Please check with
your tax preparer regarding deductibility.
{00516404.DOCX v.2) 46
Side Letter of Agreement
Drug Testing Following Officer Involved Shootings
The Village of Oak Brook ("Village") and the Illinois Fraternal Order of Police Labor
Council ("Union")hereby agree to the following policy to be implemented in accordance with
Illinois Public Act 100-389:
1. The Union agrees that its members shall be required to abide by the Village's
General Order FOR-501 "Investigating Response to Resistance," including section 501.9 that
requires each officer who is involved in an officer 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 that a person "involved in" an officer
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 firearm 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 that 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
discharged their weapons when it is undeniably clear their projectiles did not actually strike any
person or persons.
4. The parties agree that 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.
{00516404.DOCX v.2} 47
VILLAGE OF OAK BROOK FRATERNAL ORDER OF POLICE
s LABOR COUNCIL
By: By:
Gopal G. Lalmalani Paul Plinske
Village,President Union Steward
By. By. `
•i ...w,...............................
C arlotte Pruss Donald Iffier.
Village Clerk Union Stewa d
By:
_ Luis Pere
b F~0 Union Stewar
Village Seal _Z4 ,,� By.
( �. v °' Michael Hall
Union Stews d
By:
Roe hris e on
Unjoq Steward
By: , j - /- ,� 0
Kevin Krug
Northern Field Sup isor
100516404.DOCX v.2} 48