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R-1965 - 10/12/2021 - POLICE AGREEMNT - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2021-AJUD-PD-FOP-R-1 965 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 12th day of October, 2021 RESOLUTION NO. 2021-AJUD-PD-FOP-R-1965 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village") upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS,the Village and the Illinois Fraternal Order of Police Labor Council (hereinafter referred to as "FOP") are parties to a collective bargaining agreement dated January 1, 2018 through December 31, 2023 (hereinafter referred to as the "CBA") which details various terms and benefits of employment including but not limited to annual wage increases fro the bargaining unit; WHEREAS, due to the COVID-19 pandemic, the Village was forced into a situation to consider various budget cuts which included certain concessions from the bargaining units; WHEREAS, the FOP refused to provide the Village with any concessions which left the Village with no alternative to approve its budget for the 2021 fiscal year with no cost-of-living adjustment for any Village employees, including to the patrol officers; WHEREAS, the FOP, in response to the Village's action filed a grievance (101210-AJUD) and an unfair labor practice charge with the Illinois Labor Relations Board (ILRB Case No. S- CA-21-103) and in response thereto the Village filed a declaratory judgment action and motion to stay arbitration in DuPage County Court (Case No. 2021 MR 109); WHEREAS, the representatives for the parties have entered into discussions pertaining to the amicable resolution of all of the claims and causes of action; WHEREAS, the parties have tentatively reached a resolution as to the issues raised in the various claims and causes of actions and wish to terminate their litigation; WHEREAS, all parties hereto have had the benefit of counsel and have agreed to the terms which have been reduced to a Settlement Agreement which is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached settlement agreement with the Illinois Fraternal Order of Police Labor Council for the purposes referenced herein. 2 NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section One— Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this resolution as legislative findings. Section Two —Approval of Settlement Agreement The Village hereby approves the Settlement Agreement (hereinafter referred to as "Agreement") substantially in the form attached hereto and made a part hereof as Exhibit A. Section Three—Authorization and Direction The Village Manager is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the Agreement, substantially in the form of such agreement attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreement. Section Four- Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five - Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Agreement, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the Agreement and of this Resolution. Section Six - Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved, authorized and confirmed. Section Seven—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. 3 Section Eight- Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Nine—Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Ten — Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Eleven— Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 12th day of October, 2021. Ayes: Trustees Herman, Manzo, Nagle, Yusuf Nays: Trustee Tiesenga Absent: Trustee Reddy APPROVED THIS 12th day of October, 2021. Gy r Gopal G. Lalmalani Village President ATTEST: Gt OF 04.t Charlotte K. Pruss Village Clerk o CIO ` o aUNT4 4 Exhibit A Settlement Agreement 5 SETTLEMENT AGREEMENT This Settlement Agreement("Agreement")is made and entered into by the Illinois Fraternal Order of Police Labor Council("FOP")and the Village of Oak Brook("Village"). WHEREAS, FOP is the certified collective bargaining representative for a bargaining unit of Village patrol officers; WHEREAS, the Village and FOP are parties to a collective bargaining agreement ("CBA")dated January 1, 2018,through December 31, 2023,which details various terms and benefits of employment including annual wage increases for the bargaining unit; t WHEREAS, due to the COVID-19 pandemic,the Village approved its budget for the 2021 fiscal year(running January 1 to December 31, 2021)which did not include cost-of-living adjustments for any Village employees, including but not limited to the patrol officers; WHEREAS, in response,FOP filed a grievance(101210-AND) and an unfair labor practice charge with the Illinois Labor Relations Board (ILRB Case No. S-CA-21-103)against the Village in opposition to the lack of cost-of-living adjustments; WHEREAS,the Village filed a declaratory judgment action and motion to stay arbitration in DuPage County Court regarding the cost-of-living adjustments and seeking to stay arbitration regarding FOP's grievance(Case No. 2021 MR 109); and WHEREAS,the parties wish to avoid further litigation and expense in this matter. NOW THEREFORE, the parties agree to the following terms,which are supported by sufficient and valuable consideration: 1. The Village agrees to institute the cost-of-living increases for all bargaining unit employees as set forth in the parties' CBA for fiscal year 2021 retroactively to January 1, 2021. The Village also agrees to institute all future cost-of-living increases set forth in the parties' CBA effective fiscal years 2022 and 2023 (FY2022 and FY2023). Bargaining unit employees who left their employment with the Village since January 1,2021 will be fully entitled to this retroactive wage adjustment and payment. 2. Correspondingly, the Village will pay all bargaining unit employees who were employed by the Village their respective wage increases retroactively to January 1, 2021, for all for hours compensated in that time period, less any applicable taxes and withholdings. Bargaining unit employees who left their employment with the Village since January 1, 2021 will be fully entitled to this retroactive wage adjustment and payment. 3. For the remainder of the term of the parties' collective bargaining agreement(including during the application of the continuing effect clause in Article 18 of the collective {00683085.DOCX v.1} 1 bargaining agreement),the Village agrees to waive any argument it may have regarding the appropriation process as defined under Section 21 of the Illinois Public Labor Relations Act. 4. Within 14 calendar days of the execution of this Settlement Agreement, the Village shall implement the wage increases referenced in paragraphs 1 and 2 above and, within 60 calendar days the Village shall pay all retroactive wages to the impacted bargaining unit members and those bargaining unit employees who left employment during the retroactive period. 5. Within 14 calendar days of the full execution of this Agreement, the Village will dismiss with prejudice its declaratory judgment and motion to stay arbitration allegations against FOP in Case No, 2021 MR 109. 6. Also within 14 days of the of the Village's confirmation that the wage increase have been implemented and the retroactive wages have been paid as set forth in this Agreement,the FOP will withdraw grievance 101210-AJUD and the unfair labor practice charge in ILRB Case No. S-CA-21-103, both with prejudice. 7. This Agreement shall be considered non-precedential except as set forth in this Agreement. This Agreement will not be cited, offered, or relied upon in any way in connection with any matter except in order to enforce the terms of this Agreement. 8. The parties agree that this Agreement does not constitute, is not intended to be, and shall not be construed, interpreted, or treated in any respect as an admission of any liability or wrongdoing by the Village or FOP. Except as set forth in this Agreement, each party reserves their arguments about the applicability or inapplicability of Section 21 under the parties' collective bargaining agreement. 9. The parties agree that this Agreement resolves all matters between the parties in connection with the above-referenced dispute, as well as any corresponding or potential litigation. The parties agree that each party is responsible for bearing its own costs, fees, and attorneys' fees. BY: VI AGE OF OAK BROOK FRATERNAL ORDER OF POLICE, LABOR COUNCIL 71 Signature lignature Lit'//0, es 4e..v9+ Title Title JOC4 �L1 100683085.DOCX v.1 2 I i Date Date I i (00683085.DOCX v.1) 3