R-1348 - 03/25/2014 - POLICE AGREEMNT - Resolutions Supporting Documents ITEM 6.F.10)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
March 25, 2014
SUBJECT: Side Letter MOU to FOP Agreement for Auxiliary Police Unit
FROM: James R. Kruger, Chief of Police
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: Move to authorize the Village President to sign and the
Village Clerk to attest to the Memorandum of Understanding between the Village of Oak
Brook and the Fraternal Order of Police Labor Council pertaining to Auxiliary Police
Officers.
Background/History:
Over the past several months,the Police Administration has had off the record meetings with
representatives of FOP to discuss the potential of a Police Auxiliary Unit.
The members of our FOP unit have been very cooperative with our efforts to start such a unit and
see the potential for the unit to be an asset to the department as well as enhance public and
officer safety. As such,the off the record meetings have been very productive and led to the
attached Memorandum of Understanding mutually discussed by the Police Administration and
the FOP. There was overwhelming support by the rank and file officers to the draft agreement.
It has been reviewed by the Village Manager and the Village's labor attorney, Don Anderson at
Ancel Glink.
Recommendation:
We would request the attached MOU be approved for the Village President to execute and the
Village Clerk attest.
Last saved by James R Kruger Jr C:\Users\rkane\AppData\Local\Microsoft\Windows\Temporary Internet V
Files\Content.Outlook\DX6AXOSI\MOU Aux with FOP 032514.docx
Last printed 3/19/2014 2:41 PM
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'S 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
APPROVED THIS 25th day of March, 2014
Gopal G. Lalmalani
Village President
PASSED THIS 25th day of March, 2014
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
2
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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 THE VILLAGE OF OAK BROOK: FOR THE FOP LABOR COUNCIL:
Gopal G. Lalmalani Date Kevin S. Krug Date
Village President Northern Supervisor
Paul Plinske Date
John Jacobs Date
Charlotte Pruss Date
Village Clerk
Luis Perez Date
Village Seal:
Michael Hall Date
Robert Christopherson Date