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R-1348 - 03/25/2014 - POLICE AGREEMNT - Resolutions RESOLUTION 2014-PD-FOP-UN-MOU-R-1348 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE VILLAGE OF OAK BROOK AND THE FRATERNAL ORDER OF POLICE LABOR COUNCIL WHEREAS, the Village of Oak Brook, Illinois ("Village") is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, Section 5/3.1-30-20 of the Illinois Municipal Code, 65 ILCS 5/3.1-30-20, authorizes the Village to appoint auxiliary police officers to perform the following duties: (i) to aid or direct traffic within the Village; (ii) to aid in the control of natural or man made disasters; (iii) to aid in case of civil disorder as directed by the chief of police; and (iv) normal and regular police duties, but only when it would be impractical for members of the regular police department to perform those duties and upon the assignment of the chief of police; and WHEREAS, the President and Board of Trustees desire to authorize the police chief to appoint up to 10 auxiliary police officers to perform such duties; and WHEREAS, the Village and the Illinois Fraternal Order of Police Labor Council ("FOP") desire to enter into a memorandum of understanding, attached to this resolution as Exhibit A, regarding the appointment and assignment of auxiliary police officers by the Village ("MOU"); and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interests of the Village to enter into the MOU in a final form approved by the Village Manager and the Village Attorney; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the MOU. The President and Board of Trustees hereby approve the MOU by and between the Village and the FOP in a form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the MOU. The Village President and Village Clerk are hereby authorized to execute the final MOU on behalf of the Village after review and approval of the final form of the MOU by the Village Manager and the Village Attorney and after receipt of the final MOU fully executed by the FOP. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2014-PD-FOP-UN-MOU-R-1348 Approving and Authorizing the Execution of a Memorandum of Understanding Page 2 of 2 r APPROVED THIS 25th day of March, 2014 ,''* Y Gopal G. Lalmalani Village President PASSED THIS 25th day of March, 2014 Ayes: Trustees Adler, Baar, Manzo, Wolin, Yusuf Nays: None Absent: Trustee Moy ATTEST: Id Charlotte K. Pruss Village Clerk 1 2 #28654702_vl EXHIBIT A MEMORANDUM OF UNDERSTANDING 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, 2012 through December 1, 2014. 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 n 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. 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) FOR TH ILLAGE OF OAK BROOK: FO HE FOP LABOR COUNCIL: d f�o -I K Gopal G. Lalmalani D to Kevin S. Krug T_ Date Village President Zp�Lf Northern Supervisor Paul Plinske Date J&6i Jac Ws Date Charlotte Pruss Date �/ Village Clerk ? w�7` r'Z/ Lu' e ate Villa ge, eal , ``= 8 c ael 1 Date s, rt pherson Date