CHAPTER 30 PUBLIC SAFETY ARTICLE I - CIVIL EMERGENCY 30-1-1 DEFINITIONS. “CIVIL EMERGENCY” is hereby defined to be: (A) A “riot or unlawful assembly” characterized by the use of actual force or violence or any power to execute by three (3) or more persons acting together without authority of law; or (B) Any “natural disaster” or “man-made calamity”, including flood, conflagration, cyclone, tornado, earthquake, or explosion within the corporate limits of the City resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. “CURFEW” is hereby defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City excepting officials of any governmental unit and persons officially designated to duty with reference to the civil emergency. 30-1-2 DECLARATION OF EMERGENCY. Whenever an emergency as defined in Section 30-1-1 exists, the Mayor shall declare the existence by means of a written declaration, setting forth the facts which constitute the emergency. 30-1-3 CURFEW. After proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the City or to the City as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. 30-1-4 AUTHORITY OF MAYOR TO ISSUE ORDERS. After the proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders. (A) Order the closing of all retail liquor stores including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted. (B) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer. (C) Order the discontinuance of selling, distributing or giving away of gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle. (D) Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever. (E) Issue such other orders as are imminently necessary for the protection of life and property. 30-1-5 EFFECTIVENESS. The proclamation herein authorized shall be effective for a period of forty-eight (48) hours unless sooner terminated by a proclamation of the Mayor indicating that the civil emergency no longer exists. The Mayor shall have the power to reproclaim the existence of a civil emergency at the end of each forty-eight (48) hour period during the time the civil emergency exists. 30-1-6 NOTIFICATION. Upon issuing the proclamation herein authorized, the Mayor shall notify the news media situated within the City and shall cause three (3) copies of the proclamation declaring the existence of the emergency to be posted at the following places within the City: (A) The City Hall. (B) The Post Office. (C) The County Courthouse. (See 65 ILCS Sec. 5/11-1-6) ARTICLE II - POLICE DEPARTMENT DIVISION I - DEPARTMENT ESTABLISHED 30-2-1 DEPARTMENT ESTABLISHED. There is hereby established a department of the municipal government of the City which shall be known as the Police Department. The Police Department shall consist of the Mayor, as Police Commissioner, the Chief of Police, and of such number of patrolmen as may be provided from time to time by the City Council. 30-2-2 OFFICE OF CHIEF CREATED. There is hereby established the office of the Chief of Police. The Chief of Police shall be appointed by the Mayor with the advice and consent of the City Council. If the Chief of Police is not reappointed he shall be given the opportunity to be assigned to his previously held rank. The Chief of Police shall have such minimum qualifications including: (A) A Certification of Graduation relative to the successful completion of the Illinois Police Training Institute. (B) A Certificate for successful completion of forty (40) hours of firearms training. Compensation for the Chief of Police shall be determined by the City Council considering such appointee’s duties, training, education, work experience, and the relative incomes of other Department personnel. Assistant Police Chief. The position of Assistant Chief of Police is created to assist the Chief of Police in managing and supervising the Department of Police. The Assistant Chief shall be appointed by the City Council upon recommendation of the Personnel Committee concurrently with the appointment of Chief of Police. The Assistant Chief shall be compensated by stipend as established by the City Council, in addition to his hourly rate of pay. (Ord. No. 485; 06-11-96) 30-2-3 DUTIES OF CHIEF. The Chief of Police shall keep records and make reports concerning the activities of his department as may be required. The Chief shall be responsible for the performance of the Police Department, of all its functions, and all persons who are members of the department shall serve subject to the orders of the Chief of Police. 30-2-4 PATROLMEN. A sufficient number of patrolmen shall be hired in accordance with the provisions of the City Personnel Code, except as same may be in conflict with any collective bargaining agreement from time to time in effect. All patrolmen of the City shall be required to complete training certification including graduation from the Illinois Police Training Institute and certification for forty (40) hours of firearms training, within nine (9) months of hiring. (Ord. No. 485; 06-11-96) 30-2-5 SALARY. The police department shall receive such compensation as may be provided by the annual budget or appropriation ordinance of the City Council. 30-2-6 DUTIES. The policeman shall devote his entire time to the performance of the duties of his office and is hereby charged with the preservation of the peace, order and safety of the City and with the duty of protecting the rights of persons and property and of enforcing all laws and also all orders of the City Council. He shall take notice of all nuisances, obstructions and defects on the highways or other public places, and shall cause the same to be abated or removed, or immediate notice thereof given to the proper officer whose duty it may be to take action in relation thereto. When requested by the Mayor he shall attend, either in person or by deputy, all meetings of the City Council, execute all its orders and close the Council Chamber upon the adjournment of that body. He shall also execute all warrants or other legal process required to be executed by him under any ordinance of the City or laws of the State of Illinois. 30-2-7 MUTUAL AID CONTRACT. The Police Department, with the approval of the City Council, may enter into an agreement to provide police protection to neighboring municipalities. (See Appendix “A”) 30-2-8 SPECIAL POLICEMEN. The Mayor may, on special occasions when, in his judgment for public peace and order of the City shall require, appoint and commission any number of special policemen as may be necessary and shall fix in order of their appointment, the time during which each shall serve all such special policemen, during such time, shall possess the powers and exercise the duties of regular police patrolmen; provided that their appointment, if for more than ten (10) days shall be subject to the consent of the City Council in the manner that other appointments to office by the Mayor are subject. Auxiliary policemen shall not carry firearms, except with the permission of the Mayor and then only when in uniform and in the performance of their duties. They shall have a current and valid certification for the duties they are required to perform. 30-2-9 LEGAL PROCESSES. All police shall have the power and authority to execute City warrants or other similar legal processes outside the corporate limits of the City and within such distance therefrom as authorized by law in all cases when any ordinance of the City Council made pursuant to law shall prescribe a penalty for the violation of any of its provisions by persons residing, acting or doing any business within the limits of the City. 30-2-10 ASSISTING POLICE OFFICER. Every police officer of the City may, at any time, call upon any able-bodied person(s) above the age of eighteen (18) years to aid him in the arresting, retaking or holding in custody of any person guilty of having committed any unlawful act or charged therewith, or to aid such officer in preventing the commission of any unlawful act. 30-2-11 AIDING FIRE DEPARTMENT. Every police officer shall aid the fire department by giving the alarm in case of fire and in clearing the streets or grounds in the immediate vicinity of any fire so that the firemen shall not be hindered or obstructed in the performance of their duties. 30-2-12 FAILURE TO PERFORM. Any member of the Police Department who shall neglect or refuse to perform any duty required of him by this Code or the rules and regulations of the Department, or who shall be, in the discharge of his official duties, guilty of any fraud, favoritism, extortion, oppressions or willful wrong or injustice, shall be subject to removal from office. 30-2-13 AIDING IN ESCAPE. It shall be unlawful for any person in this City to resist or obstruct any member of the Police Force in the discharge of his duty or to endeavor to do so, in any manner, assist any person in the custody of any member of the Police Department to escape or to attempt to escape from such custody or to attempt to rescue any such person in custody. 30-2-14 USE OF INTOXICATING LIQUOR. No member on an active tour of duty or while wearing the official policeman's badge of the City shall indulge in the use of intoxicating liquor of any kind and intoxication at any time shall be sufficient cause for removal. 30-2-15 WITNESS FEES. Any member of the Police Department shall appear as witness whenever this is necessary in a prosecution for a violation of an ordinance or of any state or federal law. No such member shall retain any witness fee for service as witness in any action or suit to which the City is a party, except those fees paid by the City; and fees paid for such services shall be turned over to the Chief of Police, who shall deposit the same with the City Clerk. 30-2-16 RULES AND REGULATIONS. The Chief of Police may make or prescribe such rules and regulations for the conduct and guidance of the members of the Police Department as he shall deem advisable and such rules, when approved by the Mayor, shall be binding on such members. 30-2-17 STOLEN PROPERTY. The Chief of Police shall be the custodian of all lost and abandoned or stolen property in the City. 30-2-18 MABAS AGREEMENT. The City of Carrollton shall participate in the Illinois Law Enforcement Alarm System Mutual Aid Agreement which is a network of law enforcement agencies which vow to help each other in times of catastrophe. Therefore, the City of Carrollton shall participate in the Illinois Law Enforcement Alarm System. (See Appendix “A”) 30-2-19 - 30-2-24 RESERVED. (See 65 ILCS Sec. 5/11-1-1, et seq.) DIVISION II – POLICE EMPLOYEE (REGULATIONS) AGREEMENT This Agreement is entered into by the City of Carrollton (hereinafter referred to as the “Employer”) and the Illinois Fraternal Order of Police Labor Council (hereinafter referred to as the “Union”). 30-2-25 PREAMBLE. The purpose of this Agreement is to provide an orderly collective bargaining relationship between the Employer and the Lodge representing the employees in the bargaining unit, and to make clear the basic terms upon which such relationship depends. It is the intent of both the Employer and the Lodge to work together to provide and maintain satisfactory terms and conditions of employment, and to prevent as well as to adjust misunderstandings and grievances relating to employees wages, hours and working conditions and agrees to follow the requirement of the “Labor Act” in regard to any changes properly bargainable under the “Act”, prior to implementation. In consideration of mutual promises, covenants and Agreement contained herein, the parties hereto, by their authorized representative and/or agents, do mutually covenant and agree as follows. 30-2-26 RECOGNITION. (A) Unit Description. The Employer hereby recognizes the Union as the sole and exclusive collective bargaining representative for the purposes of collective bargaining on any and all matters relating to wages, hours of work, and other terms and conditions of employment in the bargaining unit. The bargaining unit shall include: All full-time officers of the City of Carrollton Police Department in the rank of Deputy Chief and below, excluding the Police Chief, all individuals employed by the City who are not full-time patrolmen, and all supervisors, confidential and managerial employees as defined by the Act. (B) Supervisors. Supervisors may continue to perform bargaining unit work which is incidental to their jobs. They may also perform bargaining unit work in emergency situations and where such work is necessary to train a bargaining unit employee. Such work by supervisors shall not cause any layoffs of the bargaining unit employees. (C) Part-Time Employees. The Employer may continue to utilize the services of part-time employees to perform bargaining unit work in accordance with past practice. (D) Return to Bargaining Unit. Any current member of the Carrollton Police Department who: (1) has served in a position that would fall within the scope of the bargaining unit; or (2) any member who is appointed to an exempt position outside the scope of the bargaining unit; shall return to a bargaining unit position if he/she is removed from the exempt position. 30-2-27 NON-DISCRIMINATION. The Employer and the Union agree to abide by all federal and state statutes in regard to discrimination. 30-2-28 MANAGEMENT RIGHTS. Subject to the provisions of this Agreement the management of the operations of the Employer, the determination of its policies, budget, and operations, the manner of exercise of its statutory functions and the direction of its work force, including, but not limited to, the right to hire, promote, demote, transfer, allocate, assign and direct employees; to establish the number and classification of positions; to discipline, suspend and discharge for just cause; to relieve employees from duty because of lack of work or for other legitimate reasons; to make and enforce reasonable rules of conduct and regulations; to determine the departments, divisions and sections and work to be performed by employees therein; to determine quality; to determine the number of hours of work and shifts per work week, if any; to establish and change work schedules and assignments, the right to introduce new methods of operations, to eliminate, relocate, transfer or subcontract work (not replace employees of the Police Department) and to maintain efficiency in the Department is vested exclusively in the Employer provided the exercise of such rights by management does not conflict with the provisions of this Agreement. 30-2-29 SUBCONTRACTING. (A) General Policy. It is the general policy of the Employer to continue to utilize employees to perform work they are qualified to perform. However, the Employer reserves the right to contract out any work it deems necessary in the interests of economy, improved work product, or emergency, which will not cause a reduction to the bargaining unit. 30-2-30 NO STRIKE. (A) No Strike Commitment. Neither the Council nor any officer will call, initiate, authorize, participate in, sanction, encourage, or ratify any work stoppage or slow down or any concerted interference with the full, faithful and proper performance of the duties of employment with the Employer during the term of this Agreement. Neither the Union or any employee shall refuse to cross any picket line, by whomever established. (B) Performance of Duty. It is recognized that employees covered by this Agreement may be required in the line of duty to perform duties growing out of or connected with labor disputes which may arise within the County. The Council agrees that no disciplinary action or other action will be taken by the Council against any employee or employees covered by this Agreement by reason of any such action or conduct in the line of duty. (C) Resumption of Operations. In the event of action prohibited by paragraph (A) above, the Union immediately shall disavow such action and request the employees to return to work, and shall use its best efforts to achieve a prompt resumption of normal operations. The Union, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements of this Section. (D) Union Liability. Upon the failure of the Union to comply with the provisions of paragraph (B) above, any agent or official of the Union who is an employee covered by this Agreement may be subject to the provisions of paragraph (E) below. (E) Discipline of Strikers. Any employee who violates the provisions of paragraph (A) of this Section shall be subject to immediate discharge. Any action taken by the Employer against any employee who participates in action prohibited by paragraph (A) above shall not be considered in violation of this Agreement and shall not be subject to the provisions of the grievance procedure, except that the issue of whether an employee, in fact, participated in a prohibited action shall be subject to the grievance and arbitration procedure. 30-2-31 RESOLUTION OF IMPASSE. All impasses shall be resolved according to the provisions of Section 14 of the Illinois Public Labor Relations Act, except that all arbitration hearings shall be conducted in Carrollton, Illinois. 30-2-32 INDEMNIFICATION. (A) Employer Responsibility. The Employer shall adhere to the applicable provisions and conditions set forth in 65 ILCS 511-4-6, as may be amended from time to time. The maximum amount of liability shall be the amount set forth in 65 ILCS 511-4-6. (B) Legal Representation. Officers shall have legal representation selected by the Employer in a civil cause of action brought against an officer resulting from or arising out of the performance of duties, pursuant to 65 ILCS 511-4-6, as may be amended from time to time. (C) Cooperation. Officers shall be required to cooperate with the Employer during the course of the investigation, administration, or litigation of any claim arising under this Section. (D) Applicability. The Employer will provide the protections set forth above, so long as the officer is acting within the scope of his employment and where the officer cooperates, as defined in paragraph entitled “Cooperation”, with the Employer in defense of the action or actions claimed. 30-2-33 F.O.P. LABOR COUNCIL REPRESENTATIVES. For the purposes of administering and enforcing the provisions of this Agreement, the Employer agrees as follows: (A) Authorized Representatives. Upon notification to the Chief, authorized representatives of the Union shall be permitted reasonable visits to the Department during work hours to talk with employees of the local Union and/or representatives of the Employer concerning matters covered by this Agreement. (B) Attendance at Union Meetings. Subject to the need for orderly scheduling and emergencies, the Employer agrees that one elected official of the Union shall be permitted reasonable time off to attend general, board, or special meetings of the Union, provided that at least forty-eight (48) hours of notice of such meetings shall be given in writing to the Employer, and provided further that the names of al such officials shall be certified in writing to the Employer. (C) Grievance Procedure. Reasonable time while on duty shall be permitted one Union representative for the purpose of aiding or otherwise representing employees in the handling and processing of grievances or exercising other rights set forth in this Agreement, and such reasonable time shall be without loss of pay so long as the matter takes place in Carrollton, Illinois. (D) Convention Delegates. Any one employee chosen as a delegate to an F.O.P./Labor Council, State or National Conference may, upon written application approved by the Union and submitted to the Employer with at least fourteen (14) days notice, be given a leave of absence without pay for the period of time required to attend such Conference. This period of time shall not exceed one (1) week. The employee may utilize existing vacation or compensatory time in lieu of such unpaid leave, subject to scheduling requirements of the Police Department. Such requests shall not be unreasonably denied. (E) Union Negotiating Team. One (1) member designated as being on the Union negotiating team who is scheduled to work at a time when negotiations will occur, shall remain in on-duty status through his regularly scheduled shift and be allowed to attend negotiations. At the request of either party, negotiations will be recessed if the member is required to respond to a call. If designated Union negotiation team members are in off-duty status at the time of negotiations, they will not be compensated for attending the session. 30-2-34 EMPLOYEE SECURITY AND PERSONNEL FILES. (A) Personnel Files. The Employer may keep a central personnel file within the bargaining unit for each employee. The use of materials not maintained in the central personnel file as a basis for disciplinary action against an employee shall be limited, as provided by 820 ILCS 40/0.01 et seq., as interpreted by Illinois Courts. (B) Inspection. Upon request of an employee, the Employer shall reasonably permit an employee to inspect his personnel file subject to the following: (1) Such inspection shall occur within a reasonable time following receipt of the request; (2) Such inspection shall occur during daytime working hours Monday through Friday upon reasonable request; (3) The employee shall not be permitted to remove any part of the personnel file from the premises but may obtain copies of any information contained therein upon payment for the cost of copying; (4) Upon written authorization by the requesting employee, in cases where such employee has a written grievance pending, and is inspecting his file with respect to such grievance, that employee may have a representative of the Union present during such inspection and/or may designate in such written authorization that said representative may inspect his personnel file subject to the procedures contained in this Section; (5) Pre-employment information, such as reference reports, credit checks or information provided the Employer with a specific request that it remain confidential, shall not be subject to inspection or copying. (C) Notification. Employees shall be given immediate notice by Employer when a formal, written warning or other disciplinary documentation is permanently placed in their personnel file. (D) Limitation on Use of File Material. It is agreed that use of any material and/or matter not maintained in the central personnel file as a basis for disciplinary action against an employee shall be limited, as provided by 820 ILCS 40/0.01 et seq., as interpreted by the Illinois Courts. 30-2-35 DISCIPLINE AND DISCHARGE. The discipline and discharge, and the appeal of such discipline and discharge of an employee covered by this Agreement shall be in accordance with this Section. (A) Definition. The parties recognize the principles of progressive and corrective discipline. Discipline shall include only the following measures: (1) Oral warning (2) Written reprimand (3) Suspension without pay (4) Discharge The Employer’s agreement to use progressive and corrective disciplinary action does not prohibit the Employer from imposing discipline which is commensurate with the severity of the offense. Demotion shall be limited for supervisory malfeasance. (B) Just Cause. No employee covered by this Agreement shall be disciplined without just cause. Discipline shall be imposed as soon as practical after the Employer learns of the occurrence giving rise to the need for disciplinary action and after the Employer has a reasonable opportunity to investigate the facts. (C) Notification. The Employer shall notify both the employee involved and the Union of any disciplinary action taken. Such notification shall be in writing, except in the case of an oral warning, and shall reflect the specific nature of the offense giving rise to such discipline and the discipline imposed or recommended, and the direction to the employee for future behavior. Verbal and written reprimands shall be removed and not considered if eighteen (18) months have elapsed from the date of issue. (D) Conduct of a Disciplinary Investigation. Where the Employer desires to conduct an investigatory interview of an employee where the results of the interview might result in discipline, the Employer agrees to first inform the employee that the employee has the right to Union representation at such interview. If the employee desires such Union representation, no interview shall take place without the presence of a Union representative, provided that a Union representative shall be available within a reasonable time. The role of the Union representative is limited to assisting the employee, clarifying facts, and suggesting other persons who may have knowledge of the facts. (E) Disciplinary Interrogation of Officer. The Employer agrees to follow the Peace Officers Disciplinary Act as defined in the Illinois Compiled Statutes (50 ILCS 725 et seq.) as may be amended from time to time. In the event the Employer deems it necessary to interrogate an officer for any action that may lead to a suspension without pay, the Employer agrees to provide at least seventy-two (72) hours notice. (F) Predisciplinary Meeting. For discipline other than oral warnings or written reprimands, prior to notifying the employee of the contemplated discipline to be imposed, the Employer shall notify the Union of the meeting and then shall meet with the employee involved and inform the employee of the reason for such contemplated discipline, including any names of witnesses and copies of pertinent documents. The employee shall be informed of his contract rights to Union representation and shall be entitled to such if so requested by the employee, provided the Union representative shall be available within a reasonable time. The employee and Union Representative shall be given the opportunity to rebut or clarify the reasons for such discipline. If the employee does not request Union representation, a Union Representative shall nevertheless be entitled to be present as a non-active participant at any and all such meetings. (G) Discovery. The parties agree that no later than forty-eight (48) hours before a due process hearing and ten (10) calendar days before the pre- arbitration step meeting/hearing the parties will exchange all information that will be utilized. (H) Review of Discipline. For any discipline imposed of fifteen (15) days or more, including discharge, that the officer grieves, the Employer and Union agree to meet within a reasonable period of time to discuss the imposed discipline and attempt to resolve the dispute. If the disciplinary action is not resolved at this meeting, the parties agree to waive the steps of the grievance procedure prior to arbitration. For the purpose of this provision only, the parties agree to select three (3) arbitrators to be placed as a standing panel. The arbitrators shall be contacted to determine which one is most immediately available to review and render a decision on the discipline case on an expedited basis. (I) Psychological Testing. Employees cannot be ordered to undergo psychological testing unless the Employer has reasonable suspicion to believe that the employee is impaired and cannot perform the functions of his job duties. At the time an employee is ordered to submit to psychological testing, the Employer shall provide the employee with a written notice of the order setting forth all of the objective facts and reasonable inferences drawn from those facts which have formed the basis of the order to test. The employee shall retain all rights as afforded to him under the provisions of the ILCS dealing with Mental Health. 30-2-36 DISPUTE RESOLUTION AND GRIEVANCE PROCEDURE. (A) Definition of a Grievance. A grievance is defined as any unresolved difference between the Employer and the Union or any employee covered by this Agreement regarding the application, meaning or interpretation of this Agreement. This grievance procedure is subject to and shall not conflict with any provisions of the Illinois Public Labor Relations Act. (B) Dispute Resolution. In the interest of resolving disputes at the earliest possible time, it is agreed that an attempt to resolve a dispute shall be made between the employee and the Police Chief. The employee shall make his complaint to the Police Chief within three (3) working days of the event, or gaining knowledge of the event, leading to the grievance. The Chief will notify the employee of the decision within three (3) working days following the day when the complaint was made. Settlements or withdrawals at this step shall not constitute a precedent in the handling of other grievances. In the event of a complaint, the employee shall first complete his assigned work task, and complain later, unless the employee reasonably believes that the assignment endangers his safety. (C) Representation. Grievances may be processed by the Union on behalf of an employee or on behalf of a group of employees. Either party may have the grievant or one grievant representing group grievants present at any step of the grievance procedure, and the employee is entitled to Union representation at each and every step of the grievance procedure upon his request. Grievances may be filed on behalf of two (2) or more employees only if the same facts, issues, and requested remedy apply to all employees in the group. The Employer may file a contract grievance directly at Step 3. (D) Subject Matter. Only one subject matter shall be covered in any one grievance. A grievance shall contain a statement of the grievant’s position, the Article, and Section of the Agreement allegedly violated, the date of the alleged violation, the relief sought, and the signature of the grieving employee(s) and the date. (E) Time Limitations. Grievances may be withdrawn at any step of the grievance procedure without precedent. Grievances not appealed within the designated time limits will be treated as withdrawn grievances. The Employer’s failure to respond within the time limits shall not find in favor of the grievant, but shall automatically advance the grievance to the next step, except Step 3. Time limits may be extended by mutual agreement. (F) Grievance Processing. No employee or Union representative shall leave his work assignment to investigate, file or process grievances without first securing from the Police Chief. In the event of a grievance, the employee shall always perform his assigned work task and grieve his complaint later, unless the employee reasonably believes that the assignment endangers his safety. (G) Grievance Meetings. A maximum of one (1) employee per work shift shall be excused from work with pay to participate in a Step 1 or Step 2 grievance meeting. The employee(s) shall only be excused for the amount of time reasonably required to present the grievance. The employee(s) shall not be paid for any time during which a grievance meeting occurs outside of the employee’s work shift. (H) Steps in Procedure. Disputes arising under this Agreement shall be resolved as follows: (1) Step 1. If no agreement is reached between the employee and the Police Chief, as provided for in paragraph (B) “Dispute Resolution”, the grievant or the Union shall prepare a written grievance on a form mutually agreed to (attached as Appendix B) and presented to the Mayor no later than ten (10) working days after the employee was notified of the decision of the Police Chief. Within five (5) working days, or other mutually agreed to date, after the grievance has been submitted, the Mayor shall meet with the grievant and the Union Representative to discuss the grievance and make a good faith attempt to resolve the grievance. The Mayor shall respond in writing to the grievant and the Union Representative within ten (10) working days following the meeting. (2) Step 2. If the grievance is not settled at Step 1, the grievance may be referred in writing, within five (5) working days after the decision of the Mayor, to the Carrollton City Council within fifteen (15) working days or other mutually agreed to date after the grievance has been filed, the Carrollton City Council shall meet with the Union and the grievant to discuss the grievance and make a good faith effort to resolve the grievance. The Carrollton City Council shall respond in writing to the grievant and the Union within five (5) working days following the meeting. (3) Step 3. If the dispute is not settled at Step 2, the matter may be submitted to arbitration by the Union within fifteen (15) working days after the Carrollton City Council’s written decision or the expiration of the five (5) day period if the Carrollton City Council fails to render a written decision. The Employer and the Union shall request the Federal Mediation and Conciliation Service (FMCS) to forward a list of arbitrators to the parties. Each party has the right to reject one list in its entirety with notice given to the other party. Within ten (10) working days upon receipt of such list from which the arbitrator will be selected, each party shall strike a name from the list on an alternate basis, until there is one name remaining., The remaining individual shall be the arbitrator. The order of striking names shall be determined by a coin toss. Both parties agree to make a good faith attempt to arrive at a joint statement of facts and issues to be submitted to the arbitrator. The Employer or Union shall have the right to request the arbitrator to require the presence of witnesses and/or documents. Each party shall bear the expense of its witnesses. Once a determination is made that the matter is arbitrable or if such preliminary determination cannot be reasonably made, the arbitrator shall then proceed to determine the merits of the dispute. The expenses and fees of arbitration and the cost of the hearing room shall be shared equally by the parties. Costs of arbitration shall include the arbitrator’s fees, room cost, and transcription costs. The decision and award of the arbitrator shall be made within forty-five (45) days following the hearing and shall be final and binding on the Employer, the Union, and the employee or employees involved. The arbitrator shall have no power to amend, modify, nullify, ignore, add to or subtract from the provisions of the Agreement. The parties may use any other grievance procedure or dispute resolution as they may agree to in writing on a case by case basis. 30-2-37 LABOR-MANAGEMENT CONFERENCES. (A) The Union and the Employer mutually agree that in the interest of efficient management and harmonious employee relations, it is desirable that meetings be held between Union representatives and responsible administrative representatives of the Employer. Such meetings may be requested at least seven (7) days in advance by either party by placing in writing a request to the other for a “labor-management” conference and expressly providing the agenda for such meeting. Such notice may be waived by mutual consent of the parties. Such meetings and locations shall be limited to: (1) Discussion on the implementation and general administration of this Agreement. (2) A sharing of general information of interest to the parties. (3) Notifying the Lodge of changes in non-bargaining conditions of employment contemplated by the Employer which may affect employees. (4) Discussion of pending grievances on a non-binding basis to attempt to adjust such grievances and to discuss procedures for avoiding future grievances. (5) Items concerning safety issues. (B) It is expressly understood and agreed that such meetings shall be exclusive of the grievance procedure. Grievances being processed under the grievance procedure shall not be discussed in detail at labor-management conferences, and any such discussions of a pending grievance shall be non-binding on either party and solely for the purpose of exploring alternatives to settle such grievances and such grievance discussion shall only be held by mutual agreement of the Employer and the Union, nor shall negotiations for the purpose of altering any or all of the terms of this Agreement be carried on at such meetings. (C) When absence from work is required to attend “labor-management conferences”, Union members shall, before leaving their work station, give reasonable notice to and receive approval from, their supervisor in order to remain in pay status. Supervisors shall approve the absence except in emergency situations. Union members attending such conferences shall be limited to one (1) on-duty employee. Travel expenses associated with any “labor-management conferences” shall be the responsibility of the employee. (D) Any report or recommendation which may be prepared by the Union or the Employer as a direct result of a labor-management conference discussion will be in writing and copies shall be submitted to the Employer and the Union. 30-2-38 SENIORITY. (A) Definition of Seniority. As used herein, the term “seniority” shall refer to and be defined as the continuous length of service or employment covered by this Agreement from the date of last hire. (B) Seniority List. The Employer shall prepare a list setting forth the present seniority dates and dates for promotion for all employees covered by this Agreement and shall become effective on or after the date of execution of this Agreement. Such lists shall finally resolve all questions of seniority affecting employees covered under this Agreement or employed at the time the Agreement becomes effective. Disputes as to seniority listing shall be resolved through the grievance procedure. (C) Termination of Seniority. An employee shall be terminated by the Employer and his seniority broken when he: (1) quits; or (2) is discharged for just cause; or (3) is laid off pursuant to the provisions of the applicable agreement for a period of eighteen (18) months; or (4) accepts gainful employment while on an approved leave of absence from the Police Department without the consent of the Employer; or (5) is absent for three (3) consecutive scheduled work days without proper notification, justification, or authorization; or (6) fails to return to work at the conclusion of an approved leave of absence for a period of three (3) consecutive days. (D) Unpaid Leave of Absence. Employees will not continue to accrue seniority credit for all time spent on authorized unpaid leave of absence. (E) Probationary Employee. An employee is a “probationary employee” for his first twelve (12) months of employment or until he successfully completes state mandated basic law enforcement training, whichever is longer. No matter concerning the discipline, layoff or termination of a probationary employee shall be subject to the grievance and arbitration procedures. A probationary employee shall have no seniority except as otherwise provided in this Agreement, until he has completed his probationary period. Upon the completion of his probationary period, he will acquire seniority from his date of hire. (F) Exempt Position. Any member of the bargaining unit promoted to the position of Chief of Police shall have his/her seniority continue. Upon being removed from the appointed position of Chief of Police, they shall revert back in to the bargaining unit. (G) City Employment Seniority. For the purposes of this Agreement, any employee of the City of Carrollton who joins the police department shall have two (2) seniority dates. The initial hire date with the City in regard to benefits based on time with the Employer (i.e. earned vacation time) and the hire date within the bargaining unit for purposes of requesting seniority based benefits such as vacation time on a seniority basis. (i.e., a five-year Street Department employee joins the Police Department, he shall be eligible for vacation time as earned by a five (5) year employee, but he shall have zero seniority as a patrolman requesting vacation time off and his five (5) year seniority shall not apply to a layoff occurring within the police bargaining unit.) 30-2-39 LAYOFF AND RECALL. (A) Layoff. In the event of a layoff, employees shall be laid off in the inverse order of their seniority unless compliance with State or Federal law requires otherwise. The order in which employees are laid off is subject to the grievance arbitration provisions of this Agreement. (B) Recall. Employees shall be recalled from layoff according to their seniority. No new employees at all shall be hired until all employees on layoff return to work or have been given the opportunity to return to work. Recall rights under this provision shall terminate eighteen (18) months after layoff. In the event of recall, eligible employees shall receive notice of recall either by actual notice or by certified mail, return receipt requested. It is the responsibility of all employees eligible for recall to notify the Chief of Police of their current address. Upon receipt of the notice of recall, employees shall have five (5) working days to notify the Chief of Police of their acceptance of the recall. The employee shall have ten (1) working days thereafter to report to duty. (C) Layoff Grant Officers. See Appendix A attached. (D) Use of Part-Time Officers. In the event of a layoff, part-time officers may only be used to the extent that they were used prior to the addition of officers as a result of receiving grants. However, full-time grant officers in layoff status shall be offered any part-time hours. If such hours are refused, the Employer may then offer such hours to any part-time officer. 30-2-40 HOLIDAYS. (A) Holidays. The following holidays shall be paid holidays for employees covered by the terms of this Agreement. New Year’s Day Independence Day Martin Luther King Day Columbus Day Lincoln’s Birthday Veteran’s Day Washington’s Birthday Thanksgiving Day Good Friday Day After Thanksgiving Day Memorial Day Christmas Day Labor Day Officer’s Birthday (B) Payment for Holiday. If an employee’s regularly scheduled day falls on a designated holiday as enumerated in paragraph (A) above, he shall receive time and one-half for all hours worked, in addition to either eight (8) hours off or eight (8) hours of pay, at the officer’s discretion, as per past practice. (C) Holiday Designation. Thanksgiving, the day after Thanksgiving, Christmas and New Year’s Day shall be celebrated on the actual day of the holiday. All other holidays will be celebrated on the day designated by the Employer. 30-2-41 VACATIONS. (A) Vacation Benefits. Paid vacation benefits accrue only to full-time employees; therefore, qualified employees earn vacation in accordance with the following schedule: Years of Service Vacation Time Employees with completion of 1 year of service from hiring date 1 week Employees with completion of 3 years but less than 10 years service from hiring date 2 weeks Employees with completion of 10 years but less than 15 years service from hiring date 3 weeks Employees with completion of 15 years service or more from hiring date 4 weeks One (1) week’s vacation equals five (5) working days. Holidays shall not be counted toward vacation time. In the event a holiday falls within a vacation week, then an additional vacation day may be taken the day before or after the designation vacation week. Vacation must be taken within the service year and may not be accumulated. Vacation days may not be traded for cash except upon honorable separation of the employee. Employees may schedule their vacation time upon reasonable notice to their supervisors. No two employees from the same department will be allowed to take vacation at the same time. In the event of a conflict, the employee with the greatest seniority shall be given first preference. The Mayor, in consultation with the department head shall retain authority to allow or reject an employee’s request for vacation time based upon production or operational needs or work loads. Employees may schedule vacation days one at a time, or in any multiple thereof, with their supervisor’s approval, such approval not to be unreasonably withheld. (B) Vacation Pay. All vacation leave will be paid for at the regular hourly rate and on the basis of eight (8) hour per day. On one occasion per year, an employee may sell back up to forty (40) hours of vacation per year. (C) Vacation Requests. Except for an occasional day which is taken as vacation leave, all employees must submit, in writing, to the Chief of Police, a schedule of desired vacation prior to February 1st of each year. Conflicts in scheduling will be resolved in favor of the most senior employee. At least one (1) day’s notice shall be given for a one (1) day’s leave. The Chief of Police shall have the right to alter any schedule if he deems it to be for the best interest of the Department to do so. No employee shall be entitled to priority in selecting his vacation for more than two (2) weeks in each calendar year. 30-2-42 SICK LEAVE. (A) Allowance. It is the policy of the City of Carrollton to provide protection for its full-time employees against loss of income because of illness. All eligible employees are encouraged to save as much sick leave as possible to meet serious illness situations. Sick leave is not intended for a one (1) day vacation nor to be used to extend vacation periods or holidays. Any employee contracting or incurring any non-service connected sickness or disability, which renders such employee unable to perform the duties of his employment, shall receive sick leave with pay in accordance with this Agreement. (B) Accumulation and Use. Full-time employees are granted sick leave at the rate of nine (9) sick days per year. Sick leave may be accumulated to a maximum of thirty-five (35) days; however, employees may continue to accrue sick leave beyond thirty-five (35) days and up to two hundred forty (240) days for IMRF retirement purposes only. In the event of a catastrophic illness, an employee may use up to sixty-five (65) days of sick leave. Sick days are not to be used as personal days. Employees may use sick leave for: (1) Illness of the employee or immediate family. (2) Disability or injury of the employee. Employees who become ill and cannot report for work shall notify their supervisor of the reasons for absence within two (2) hours of the beginning of their shift. In the event of an employee’s illness during the middle of a shift, such employee may take one-half (1/2) sick day and be paid for hours worked. When an employee is terminated for any reason except just cause, such employee shall be compensated at his regular rate of pay for any unused accumulated sick leave. (C) Procedures. No employee will be permitted to take leave if it has not yet been earned. Sick leave shall be paid at full pay at the current rate of compensation. Sick leave may be utilized by employees when they are sufficiently ill so that good judgment would determine it best not to report to work or in the event of injury not arising out of or in the course of their employment and for routine medical and dental appointments. All foreseeable leave for such purposes shall require a specific prior approval of the Chief of Police; in the event of sick leave for any purpose, the Chief of Police may require the certificate of a physician giving information as to the circumstances involved. Employees who are unable to return to work upon expiration of sick leave benefits and all other authorized benefit time must request a leave of absence without pay. Non-paid sick leave shall be equivalent to the total accumulated sick leave available on the first day of illness, or thirty (30) calendar days, whichever is greater. Failure to apply for a leave of absence for extended illness upon expiration of all such benefits will result in automatic termination. Any absence of three (3) working days or longer may require a physician’s statement of release and verification substantiating that he may return to work. In addition, the Chief of Police may request a physician’s statement of verification of absence of shorter periods of time. The Chief of Police may also require the employee to be examined by a physician of the Chief of Police’s choice and at the expense of the Employer. Notice of an employee’s desire to return to work after an extended illness must be given to the Chief of Police no less than twenty-four (24) hours in advance. The Chief of Police or any authorized supervisor may direct an employee who appears ill to leave work to protect the health of other employees. Compliance with such an order will not be charged to sick leave for the first pay. An employee shall be paid sick leave equivalent to the normally scheduled straight time day. The Chief of Police shall maintain a record of sick leave accrual, sick leave taken, and the balance of sick leave allowance available for the individual employee. (D) Sick Leave Abuse Sanctions. For the purposes of the provisions contained in this Article, “abuse” of sick leave is the utilization of such for reasons other than those stated in paragraph (A) of this Article. Upon sufficient evidence of the abuse of such sick leave, the employee shall not be paid for such leave taken nor shall the employee accrue any rights such as seniority or other rights. Abuse of sick leave shall subject the employee to disciplinary action pursuant to the terms of this Agreement. All employees agree to cooperate fully with the Department in verifying illness, including the admission of a supervisor to the employee’s home when requested. (E) Sick Leave Buyback. Upon termination of employment in good standing, the employee shall receive compensation for all unused sick leave accumulated up to thirty-five (35) days. 30-2-43 LEAVES OF ABSENCE. (A) Bereavement Leave/Death in Family. The Employer agrees to provide to employee leave without loss of pay as a result of a death in the immediate family, not to exceed three (3) days. Employees may be granted up to four (4) hours time off work, with pay, to serve as a pallbearer on the day of a funeral, if approved by the Chief of Police, no more than two (2) times per contract year. A member of the immediate family shall be defined to be any employee’s mother and father (including step), wife, husband, daughter, or son (including step or adopted), sister or bother (including half or step or in-law), father-in-law, mother-in-law, grandparent or grandchild. Employees shall be allowed leave without loss of pay, not to exceed one (1) day, for uncle, aunt, niece, or nephew. (B) Short-Term Military Leave. Any employee covered by the terms of this Agreement who is a member of a reserve force of the Armed Forces of the United States, or any State, and who is ordered by the appropriate authorities to attend training programs or perform assigned duties shall be granted a leave of absence, without pay, but without loss of benefits, for the period of the activity and shall suffer no loss of seniority rights. Employees may utilize, at their choice, any accumulated time available for military leave. (C) Educational Leave. Employees covered by the terms of this Agreement may be granted, upon written request, an educational leave of absence, without pay, not to exceed a period of one (1) year, after authorization from the City Council. (D) FMLA. Family and medical leave, if any, shall be determined by applicable Federal Law. (E) Injury Leave. Continuing compensation for injuries in the line of duty shall be governed by 5 ILCS 345/1. (F) Jury Duty. An employee serving jury duty while scheduled to work shall be compensated the difference in court payment for wages and normal straight time wage. The City shall pay an employee serving on jury duty his normal pay and the employee shall turn over to the City any pay received for services rendered as a juror as long as they pay is not greater than the employee’s regular pay. (G) Unpaid Leave. The City may grant up to a six (6) month leave of absence without pay to an employee who has been employed with the City for one (1) year. An employee on unpaid leave shall not accrue any paid benefits or seniority. The employee may continue insurance benefits at his own expense. (H) Personal Days. As of May 1 of each calendar year, full-time employees are granted two (2) days off with pay during that year for personal business. Personal leave must be used in increments of not less than one-half (1/2) day. Such personal days shall not be taken as any part of vacation time, and no more than one (1) employee shall be off at the same time on a personal day. Unused personal days cannot be carried over to the following calendar year and are lost upon termination of employment. No monetary compensation is allowed in lieu of accumulated personal leave days unless the Employer is unable to approve the time off. All requests for personal leave are subject to prior approval of the Chief, which shall be granted unless it would disrupt previously scheduled work or there exists a bona fide emergency. (I) Abuse of Leave. Any misuse of leave, whether paid or unpaid, shall subject the employee to immediate discharge and loss of all accrued benefits hereunder. 30-2-44 HOURS OF WORK/OVERTIME. (A) Work Day, Work Week and Work Period. The normal work day shall be defined as twelve (12), ten (10) or eight (8) consecutive hours. The normal work week for twelve (12) hour shifts shall be defined as reoccurring two (2) or three (3) consecutive days followed by two (2) or three (3) consecutive days off. The swing shift shall be defined as a combination of twelve (12), ten (10) or eight (8) hour work periods, with consecutive days off, not to exceed eighty (80) hours in a fourteen (14) day cycle. The work period shall be comprised of one hundred sixty (160) hours in a twenty-eight (28) day work period and two thousand eighty (2,080) hours in the year. (B) Overtime Payment. All overtime in excess of the hours required of an employee by reason of the employee’s regular work period, whether of an emergency nature or of a non-emergency nature, shall receive one and one-half (1 ½) times his actual hourly rate of pay for work performed in excess of the regularly scheduled workday. Hours worked in this paragraph and in paragraph (A) above include all hours in a pay status. In the event an emergency is declared by the Employer, as many of the employees shall be continued on duty for such number of hours as may be necessary. (C) Break Periods. Each emplyee covered by this Agreement shall be allowed a thirty (30) minute lunch break and two (2) fifteen (15) minute breaks. These breaks shall be included in the work day. (D) Call-Back/Court Time. A call-back-court time is defined as an official assignment of work which does not continuously precede or follow an employee’s regularly scheduled working hours. Employees shall be compensated for a minimum of two (2) hours at the time and one-half (1 ½) overtime rate or for the actual time worked, whichever is greater. (E) Extra Shifts. In cases where the need to fill hours is not met by full-time officers, the Employer may utilize part-time personnel. If part-time personnel are not available to work the overtime period, the Employer may request volunteers to fill hours. If there are not volunteers to fill hours, the Employer may order employees to work in inverse order of seniority. (F) Shift Schedules. The current method of posting shifts shall continue. (G) Training Pay. Any officer required to attend training during his off- duty hours shall receive his regular hourly rate at time and one-half (1 ½) for time spent at the training and reasonable travel time to and from. Any officer required to attend training during his regularly scheduled hours shall be compensated for any reasonable travel time to and from the training if said time is outside his regularly scheduled hours of work. If the officer is required to provide his own vehicle to attend training, the City shall reimburse the officer at the rate of Twenty-Nine Cents ($0.29) per mile in addition to his reasonable and necessary travel time. Any voluntary training, as authorized by the Chief of Police, which occurs during the officer’s off-duty hours, shall receive his regular hourly rate of pay. If the officer is required to attend training in excess of one (1) day (i.e. overnight), the Chief shall decide the necessity of the officer staying overnight. The officer shall be considered as working an eight (8) hour day and be reimbursed for necessary and reasonable expenses. (H) Compensatory Time. For any overtime worked by the employee, he may elect to take the overtime in equivalent time and place it in a compensatory time bank subject to the Federal FLSA regulations. Compensatory time off shall be subject to approval by the Police Chief, but shall not be unreasonably denied. The Employer may utilize part-time personnel for the purpose of granting compensatory time off. On one occasion per year, an employee may sell back up to twenty (20) hours of compensatory time. 30-2-45 WAGES/COMPENSATION/ALLOWANCES. (A) Base Rate Increase. First year 3% - Effective 5/1/01; Second year 4% - Effective 5/1/02; Third Year 5% - Effective 5/1/03. Longevity: After 2 years – 2%; after 5 years – 3%; after 8 years – 4%; after 11 years – 5%; after 14 years – 6%; after 17 years – 7%. Applying the foregoing formulae, the following are the hourly rates for each year and longevity step: 5/1/01 5/1/02 5/1/03 3% 4% 5% Annual Hourly Annual Hourly Annual Hourly Start $22,441 $10.79 $23,422 $11.26 $24,697 $11.87 Base $24.521 $11.79 $25,502 $12.26 $26,777 $12.87 After 2 years 102% $25,011 $12.02 $26,012 $12.51 $27,313 $13.13 After 5 years 103% $25,257 $12.14 $26,267 $12.63 $27,580 $13.26 After 8 years 104% $25,502 $12.26 $26,522 $12.75 $27,848 $13.39 After 11 years 105% $25,747 $12.38 $26,777 $12.87 $28,116 $13.52 After 14 years 106% $25,992 $12.50 $27,032 $13.00 $28,384 $13.65 After 17 years 107% $26,237 $12.61 $27,287 $13.12 $28,652 $13.77 Assistant Chief: Sixty Cents ($0.60) per hour to base pay. Acting Sergeant: Solely as appointed by the Chief, or in the absence of the Chief, by the Assistant Chief; Twenty-Five Cents ($0.25) added to base pay for hours spent on duty in charge of the Department. (B) Starting Wage. Starting wage shall be One Dollar ($1.00) per hour less than base. Six (6) months shall be Fifty Cents ($0.50) per hour less than base. One (1) year shall be base wage. (C) Shift Differential. (1) Any office assigned to work shift hours between 4:00 P.M. and Midnight, shall receive an additional Twenty Cents ($0.20) added to their base pay. (2) Any officer assigned to work shift hours between 12:00 Midnight and 8:00 A.M., shall receive an additional Thirty Cents ($0.30) added to their base pay. (D) College Degree – Bonus. Employees who achieve college degrees as enumerated below shall receive bonus pay in the designated amount on May 1 of each year of this Agreement. Associate Degree - $300.00 Bachelor Degree - $600.00 This bonus pay is not due until the employee has completed one (1) year of service. 30-2-46 INSURANCE AND PENSION. (A) Coverage. The Employer shall continue to provide individual health insurance coverage for the employees at a level of benefits substantially similar to those in existence as of the signing of this Agreement. The City will continue to pay the employee’s medical insurance, as per past practice. (B) Reopener. Should the Union offer a health insurance plan which is acceptable to the Employer, the parties agree to meet and bargain over the impact of implementing the Union’s insurance plan. (C) Life Insurance. Life insurance is provided as part of the current health insurance policy. Additional life insurance may be purchased by the employee at his expense. (D) Pensions. The Employer shall continue to contribute, on behalf of the employees, to the Illinois Municipal Retirement Fund in the amount the Employer is required to contribute by State Statute. (E) Insurance at Retirement. Employees who retire, may continue to participate in the City’s health insurance plan at the retired employee’s cost. 30-2-47 GENERAL PROVISIONS. (A) Use of Masculine Pronoun. The use of the masculine pronoun in this or any other document is understood to be for clerical convenience only, and it is further understood that the masculine pronoun includes the feminine pronoun as well. (B) Work Rules. Work rules of the City, which are not in conflict with this Agreement, shall continue in full force and effect. (C) Residency. All employees shall reside within the City limits of Carrollton, Illinois, unless otherwise agreed to. (D) Bulletin Boards. The Employer shall provide the Union with designated space on available bulletin boards, or provide bulletin boards on a reasonable basis, where none are available for the purposes of the Union. (E) Uniforms. The Employer agrees to reasonably provide all uniforms and equipment through a quartermaster system. Included under uniforms and equipment are shoes, weapons, leather for weapons, ballistic vest (to be replaced according to National Institute of Justice standards) and dry cleaning for uniforms. (F) Personal Property/Equipment. The Employer agrees to repair or replace as necessary an employee’s eyeglasses, contact lenses, prescription sunglasses, dentures, and watches (not to exceed $50 or cost, whichever is less), if such are damaged or broken during the course of the employee’s duties. The incident shall be documented with the Chief of Police. Any restitution ordered by the court or paid by insurance shall be returned to the City covering the amount of City reimbursement only. 30-2-48 DUES DEDUCTION. (A) Dues Deduction. Upon receipt of a written and signed authorization form from an employee, the Employer shall deduct the amount of the Union dues, set forth in such form and any authorized increase therein, from the wages of the employee and shall remit such deductions monthly to the Illinois Fraternal Order of Police Labor Council at the address designated by the Union in accordance with the laws of the State of Illinois, within thirty (30) days after the deductions have been made. The Union shall advise the Employer of any increase in dues, in writing, at least fifteen (15) days prior to its effective date. (B) Fair Share. Any present employee who is not a member of the Union shall, as a condition of employment, be required to pay a fair share (not to exceed the amount of Union dues) of the cost of the collective bargaining process, contract administration in pursuing matters effecting wages, hours of work, and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All employees in the bargaining unit hired on or after the effective date of this Agreement and who have not made application for membership, on or after the thirtieth (30th) day of their hire, shall also be required to pay a fair share as defined above. The Employer shall with respect to any employee in whose behalf the Employer has not received a written authorization as provided for above, deduct wages of the employee, the fair share financial obligation, including retroactive amount due and owing, and shall forward said amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made, subject only to the following: (1) The Union has certified to the Employer that the affected employee has been delinquent in his obligations for at least thirty (30) days; (2) The Union has certified to the Employer that the affected employee has been notified in writing of the obligation and the requirement for each provision of this Section, and that the employee has been advised by the Union of the manner in which the Union has calculated the fair share fee; (3) The Union has certified to the Employer that the affected employee has been given a reasonable opportunity to prepare and submit any objections to the payment and has been afforded an opportunity to have the said objections adjudicated before an impartial arbitrator assigned by the employee and the Union for the purpose of determining and resolving any objections the employee may have to the fair share fee. (C) Membership List. The Employer shall forward to the Illinois Fraternal Order of Police Labor Council a monthly list of all members falling within the scope of Section 30-2-26 of this Division, to accompany the dues as provided for in paragraph (A) of this Section. This list shall include the names of each employee that has paid the monthly dues as well as those employees, if any, that are paying a fair share obligation. On a quarterly basis, the Employer shall provide a list of all employees, their seniority date, address and phone number to the Labor Council. (D) Indemnification. The Union hereby indemnifies and agrees to hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of, any action taken by the Employer for the purpose of complying with the provisions of this Section. 30-2-49 SAVINGS CLAUSE. If any provision of this Agreement or any application thereof should be rendered or declared unlawful, invalid or unenforceable by virtue of any judicial action, or by any existing or subsequently enacted Federal or State legislation, or by Executive Order or other competent authority, the remaining provisions of this Agreement shall remain in full force and effect. ARTICLE III EMERGENCY SERVICES AND DISASTER AGENCY (ESDA) 30-3-1 POLICY AND PROCEDURES. (A) Because of the possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from the explosion in this or in a neighboring municipality of atomic or other means from without, or by means of sabotage or other disloyal actions within, or from fire, flood, earthquake, or other natural or man-made causes, and in order to insure that this Municipality will be prepared to and will adequately deal with any such disasters, preserve the lives and property of the people of this Municipality and protect the public peace, health and safety in the event of such a disaster, it is found and declared to be necessary: (1) To create a municipal emergency services and disaster agency; (2) To confer upon the Mayor the extraordinary power and authority set forth under Article I of this Chapter (65 ILCS Sec. 5/11-1-6). (3) To provide for the rendering of mutual aid to other cities and political subdivisions with respect to the carrying out of emergency services and disaster operations. (B) Whenever the Mayor determines after an investigation that a dangerous situation or a potentially dangerous situation exists which could cause death to individuals or serious injury to property or the health and welfare of public, the Mayor may declare that a state of emergency exists. The extraordinary powers may not be exercised until an ordinance shall have been adopted which shall establish standards for the determination by the Mayor of when the state of emergency exists and shall provide that the Mayor may not exercise such extraordinary power and authority except after signing under oath a statement finding that such standards have been met, setting forth facts to substantiate such findings, describing the nature of the emergency and declaring that a state of emergency exists. This statement shall be filed with the Clerk of the municipality as soon as practical. A state of emergency shall expire not later than the adjournment of the first regular meeting of the corporate authorities after the state of emergency is declared. A subsequent state of emergency may be declared if necessary. (C) It is further declared to be the purpose of this Code and the policy of the municipality that all emergency management programs of this Municipality be coordinated to the maximum extent with the comparable functions of the federal and state governments, including their various departments and agencies, of other municipalities and localities and private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur. 30-3-2 LIMITATIONS. Nothing in this Code shall be construed to: (A) Interfere with the course or conduct of a private labor dispute, except that actions otherwise authorized by this Code or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety; (B) Interfere with dissemination of news or comment of public affairs; but any communications facility or organization (including but not limited to radio and television stations, wire services, and newspapers) may be requested to transmit or print public service messages furnishing information or instructions in connection with a disaster; (C) Affect the jurisdiction or responsibilities of police forces, fire fighting forces, units of the armed forces of the United States, or of any personnel thereof, when on active duty; but state and local emergency operations plans shall place reliance upon the forces available for performance of functions related to disaster emergencies; (D) Limit, modify, or abridge the authority of the Mayor and the City Council to exercise any other powers vested in them under the constitution, statutes, or common law of this State, independent of or in conjunction with any provisions of this Code. 30-3-3 DEFINITIONS. As used in this Code, unless the context clearly indicates otherwise, the following words and terms shall have the definitions hereinafter ascribed: (A) Coordinator means the staff assistant to the Mayor with the duty of carrying out the requirements of this Code. (B) Disaster means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, explosion, critical shortages of essential fuels and energy, riot, or hostile military or paramilitary action. (C) Emergency Management means the efforts of this Municipality to develop, plan, analyze, conduct, implement and maintain programs for disaster mitigation. (D) Emergency Operations Plan means the written plan of the municipality describing the organization, mission and functions of the government and supporting services for responding to and recovery from disasters. (E) Emergency Services means the preparation for and the carrying out of such functions, other than functions for which military forces are primarily responsible, as may be necessary or proper to prevent, minimize, repair and alleviate injury and damage resulting from disasters caused by fire, flood, earthquake, or other man-made or natural causes. These functions including, without limitation, fire-fighting services, police services, emergency aviation services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to protecting life or property. (F) Political Subdivision means any county, city, village, or incorporated town. 30-3-4 EMERGENCY SERVICES AND DISASTER AGENCY. (A) There is hereby created an emergency services and disaster agency and a coordinator of the emergency services and disaster agency, herein called the “Coordinator”, who shall be the head thereof. The Coordinator shall be appointed by the Mayor with the advice and consent of the Board. He shall serve at the pleasure of the Mayor. (B) The Emergency Services and Disaster Agency shall obtain, with Board approval, such technical, clerical, stenographic and other administrative personnel, and may make such expenditures within their appropriation therefor as may be necessary to carry out the purpose of this Code. (C) The Coordinator, subject to the direction and control of the Mayor, shall be the executive head of the Municipal Emergency Service and Disaster Agency, and shall be responsible under the direction of the Mayor for carrying out the program for emergency services and disaster operations of this Municipality. He shall coordinate the activities of all organizations for emergency services and disaster operations within this Municipality and shall maintain liaison, and cooperate with, the civil defense and emergency management agencies and organization of the county, other counties and municipalities, and of the federal and state government. In the event of the absence, resignation, death, or inability to serve by the Coordinator, the Mayor or any persons designated by him, shall be and act as coordinator until a new appointment is made as provided in this Code. (D) The Municipal Emergency Services and Disaster Agency shall take an integral part in the development and revision of the local emergency operations plan. (E) In the development of the emergency operations plan, the municipal emergency services and disaster agency shall interrelate with business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. (F) The Municipal Emergency Services and Disaster Agency shall: (1) Determine the requirements of the municipality for food, clothing and other necessities in the event of an emergency; (2) Develop an Emergency Operations Plan that meets the standards promulgated by the Illinois Emergency Management Agency; (3) Biannually review and revise the local Emergency Operations Plan; (4) Establish a register of persons with types of training and skills in emergency prevention, preparedness, response and recovery; (5) Establish a register of government and private response resources available for use in a disaster; (6) Prepare, for issuance by the Mayor, ordinances, proclamations and regulations as necessary or appropriate in coping with disasters. (7) Cooperate with the federal, state and county government and any public or private agency or entity in achieving any purpose of this Code and in implementing programs for disaster prevention, preparation, response and recovery; (8) Initiate and coordinate planning for: (a) The establishment of an emergency operating center; (b) The implementation of a 911 system. (9) Do all other things necessary, incidental or appropriate for the implementation of this Code. 30-3-5 EMERGENCY SERVICES AND DISASTER POWERS OF THE MAYOR. (A) The Mayor shall have the general direction and control of the emergency services and disaster agency, and shall be responsible for the carrying out of the provisions of this Code. (B) In performing his duties under this Code, the Mayor is authorized to cooperate with state and federal governments and with other municipalities and political subdivisions in all matters pertaining to emergency services and disaster operations defined in this Code. (C) In performing his duties under this Code, the Mayor is further authorized: (1) To make, amend and rescind all lawful necessary orders, rules and regulations of the local disaster plan to carry out the provisions of this Code within the limits of the authority conferred upon him. (2) To cause to be prepared a comprehensive plan and program for the emergency management of this Municipality which plan and program shall be integrated into and coordinated with disaster plans of the state and federal governments and other political subdivisions, and which plan and program may include: (a) Prevention and minimization of injury and damage caused by disaster; (b) Prompt and effective response to disaster; (c) Emergency relief; (d) Identification of areas particularly vulnerable to disasters; (e) Recommendations for zoning, building and other land-use controls, safety measures for securing permanent structures and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact; (f) Assistance to local officials in designing local emergency action plans; (g) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage or loss from flood, conflagration or other disaster; (h) Organization of municipal manpower and chains of command; (i) Coordination of local emergency management activities; (j) Other necessary matters. (3) In accordance with such plan and program for the emergency management of this Municipality, and out of funds appropriated for such purposes, to procure and preposition supplies, medicines, materials and equipment to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of emergency services and disaster organizations in advance of actual disaster to insure the furnishing of adequately trained and equipped forces for disaster operations. (4) Out of funds appropriated for such purposes, to make such studies and surveys of the industries, resources and facilities in this Municipality as may be necessary to ascertain the capabilities of the municipality for the emergency management phases of preparedness, response, and recovery, and to plan for the most efficient emergency use thereof. (D) The Mayor is authorized to designate space in a municipal building, or elsewhere for the emergency services and disaster agency as its office. 30-3-6 FINANCING. (A) It is the intent of the City Council and declared to be the policy of the municipality that every effort shall be made to provide funds for disaster emergencies. (B) It is the City Council's intent that the first recourse shall be to funds regularly appropriated to the agency. If the Mayor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, and the Governor has proclaimed the municipality a disaster, he may make application for funds from the state disaster relief fund. If monies available from the fund are insufficient, and if the Mayor finds that other sources of money to cope with the disaster are not available or are insufficient, he shall issue a call for an immediate session of the City Council for the purpose of enacting ordinances as the City Council may deem necessary to transfer and expend monies appropriated for other purposes, or borrow monies from the United States Government or other public or private sources. If less than a quorum of the members of the City Council is capable of convening in session to enact such ordinances for the transfer, expenditure or loan of such monies, the Mayor is authorized to carry out those decisions until such time as a quorum of the City Council can convene. (C) Nothing contained in this Section shall be construed to limit the Mayor's authority to apply for, administer and expend grants, gifts, or payments in aid of disaster prevention, preparedness, response or recovery. 30-3-7 LOCAL DISASTER EMERGENCIES. (A) A local disaster emergency may be declared only by the Mayor or City Council. If declared by the Mayor, it shall not be continued for a period in excess of seven (7) days except by or with the consent of the City Council. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity, and shall be filed promptly with the municipal clerk. (B) The effect of a declaration of a local disaster emergency is to activate any and all applicable local emergency operations plans and to authorize the furnishing of aid and assistance thereunder. (C) During a local disaster emergency, the Mayor may suspend the provisions of any municipal ordinance prescribing procedures for the conduct of municipal business, or the orders, rules and regulations of any municipal agency, if strict compliance with the provisions of any ordinance, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency, as authorized by “The Illinois Emergency Management Agency Act”, provided that, if the City Council meets at such time, he shall act subject to the directions and restrictions imposed by that body. 30-3-8 TESTING OF DISASTER WARNING DEVICES. The testing of disaster devices including outdoor warning sirens shall be held only on the first Tuesday of each month at 10 o'clock in the morning. 30-3-9 MUTUAL AID ARRANGEMENTS BETWEEN POLITICAL SUBDIVISIONS. The Coordinator for emergency services and disaster operations may, in collaboration with other public agencies within his immediate vicinity, develop or cause to be developed mutual aid arrangements with other political subdivisions, municipal corporations or bodies politic within this state for reciprocal disaster response and recovery in case a disaster is too great to be dealt with unassisted. The mutual aid shall not, however, be effective unless and until approved by each of such political subdivisions, municipal corporations or bodies politic as are parties thereto, in the manner provided by law, and unless and until filed with and approved in writing by the state director. Such arrangements shall be consistent with the state and local emergency management operations plan and program, and in the event of such disaster as described in Section 30-3-3 of this Code, it shall be the duty of each local and department for emergency services and disaster operations to render assistance in accordance with the provisions of such mutual aid arrangements. 30-3-10 COMMUNICATIONS. The local Emergency Services and Disaster Agency shall ascertain what means exist for rapid and efficient communications in times of disaster emergencies. The agency shall consider the desirability of supplementing these communications resources or of integrating them into a comprehensive system or network. In studying the character and feasibility of any system or its several parts, the agency shall evaluate the possibility of multipurpose use thereof for general municipal and local governmental purposes. The agency shall make recommendations to the Mayor as appropriate. 30-3-11 IMMUNITY. Neither the municipality, the agency or any member thereof or any person acting at their direction, engaged in any emergency services and disaster operations or disaster activities, while complying with or attempting to comply with this Code or any rule or regulations promulgated pursuant to this Code is liable for the death of or any injury to persons, or damage to property, as a result of such activity. This Section does not, however, affect the right of any person to receive benefits to which he would otherwise be entitled under this act under the Worker's Compensation Act or the Worker's Occupational Diseases Act, or under any pension law, and this Section does not affect the right of any such person to receive any benefits or compensation under any Act of Congress. 30-3-12 PROFESSIONS, TRADES AND OCCUPATIONS. If such disaster as is described in Section 30-3-3 occurs in this Municipality and the services of persons who are competent to practice any profession, trade or occupation are required in this Municipality to cope with the disaster situation and it appears that the number of persons licensed or registered in this Municipality to practice such profession, trade or occupation may be insufficient for such purpose, then any persons who are licensed elsewhere to practice any such profession, trade or occupation may, if a member of another political subdivision rendering aid in this Municipality pursuant to the order of the head of that political subdivision and upon the request of the municipality, or if otherwise requested so to do by the Mayor or the Coordinator of this Municipality, during the time the disaster condition continues, practice such profession, trade or occupation in this Municipality without being licensed or registered in this Municipality. 30-3-13 APPROPRIATIONS AND LEVY OF TAX. The City Council may make appropriations for emergency services and disaster operations in the manner provided by law for making appropriations for the ordinary expenses of such political subdivision. The City Council may also levy for emergency services and disaster operations a tax not to exceed .05% of the full, fair cash value as equalized or assessed by the Department of Revenue on all taxable property in the municipality for the current year. However, the amount collectible under such a levy shall in no event exceed Twenty-Five Cents ($0.25) per capita. The annual tax shall be in addition to and in excess of the amount authorized to be levied for general corporate purposes. 30-3-14 AUTHORITY TO ACCEPT SERVICES, GIFTS, GRANTS OR LOANS. Whenever the federal or state governments, or any agency or officer thereof, or whenever any person, firm or corporation shall offer to the municipality services, equipment, supplies, materials or funds by way of gift or grant for purposes of emergency management, the municipality, acting through the Mayor or through its City Council, may accept such offer and upon such acceptance the Mayor or the City Council may authorize any officer of the municipality to receive such services, equipment, supplies, materials or funds on behalf of the municipality. 30-3-15 ORDERS, RULES AND REGULATIONS. (A) The Mayor shall file a copy of every rule, regulation or order and any amendment thereof made by him pursuant to the provisions of this Code in the office of the Municipal Clerk. No such rule, regulation or order, or any amendment thereof, shall be effective until ten (10) days after such filing; provided, however, that upon the declaration of such a disaster emergency by the Mayor as is described in Section 30-3-7, the provision relating to the effective date of any rule, regulation order or amendment issued pursuant to this Code and during the state of such disaster emergency, is abrogated, and said rule, regulation, order or amendment shall become effective immediately upon being filed with the Municipal Clerk, accompanied by a certificate stating the reason for the emergency. (B) The Emergency Services and Disaster Agency established pursuant to this Code, and the Coordinator thereof, shall execute and enforce such orders, rules and regulations as may be made by the Governor under authority of the Illinois Emergency Management Agency Act. The local Emergency Services and Disaster Agency shall have available for inspection at its office all orders, rules and regulations made by the Governor, or under this authority. The State Emergency Management Agency shall furnish such orders, rules and regulations to the agency. 30-3-16 UTILIZATION OF EXISTING AGENCY, FACILITIES AND PERSONNEL. In carrying out the provisions of this Code, the Mayor and the Coordinator of the emergency services and disaster agency are directed to utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the municipality to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed, upon request, to cooperate with and extend such services and facilities to the Coordinator and the emergency services and disaster agency. 30-3-17 SEVERABILITY. If any provision of this Code or the application thereof to any person or circumstances be held invalid, such invalidity shall not affect such other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Code are hereby declared to be severable. 30-3-18 NO PRIVATE LIABILITY. (A) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual or impending disaster, or a mock or practice disaster response activity together with his successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission, or for negligently causing loss of, or damage to, the property of such person. (B) Any private person, firm or corporation and employees and agents of such person, firm or corporation in the performance of a contract with, and under the direction of, the municipality under the provisions of this Code, shall not be civilly liable for causing death of, or injury to, any person or damage to any property except in the event of willful misconduct. (C) Any private person, firm or corporation, and any employee or agency of such person, firm or corporation, who renders assistance or advice at the request of the municipality, shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of willful misconduct. The immunities provided in Subsection (C) shall not apply to any private person, firm or corporation, or to any employee or agent of such person, firm or corporation whose act or omission caused in whole or in part such actual or impending disaster and who would otherwise be liable therefore. 30-3-19 SUCCESSION. In the event of the death, absence from the municipality or other disability of the Mayor preventing him from acting under this Code or for any other municipal purpose, and until the office is filled in the manner prescribed by law, the Coordinator of the emergency services and disaster agency shall succeed to the duties and responsibilities of the Mayor. 30-3-20 COMPENSATION. The City Council, by its annual appropriations ordinance, may provide for the payment of the salary of the coordinator and such other office staff and personnel as may be expressly provided for in the ordinance. Nothing herein contained shall prohibit any member of the agency from receiving compensation from the State of Illinois Emergency Management Agency under any provisions of that agency. 30-3-21 PERSONNEL OATH. Each person, whether compensated or non- compensated, who is appointed to serve in any capacity in the municipal Emergency Service and Disaster Agency, shall, before entering upon his duties, take an oath, in writing, before the coordinator of the municipal Emergency Service and Disaster Agency before a person authorized to administer oaths in this Municipality, which oath shall be filed with the Coordinator of the Emergency Services and Disaster Agency, and which oath shall be substantially as follows: “I, _________________________ do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions and facilities thereof, both public and private, against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor have I been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time I am affiliated with the City, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence.” 30-3-22 EMERGENCY TERMINATION OR REDUCTION OF ELECTRICAL SERVICE. (A) Declaration of Emergency Condition. When in the judgment of the Mayor or City Council, as provided herein in Section 30-3-7(A), a local disaster emergency requires the termination or reduction of electrical service, the Mayor or City Council shall forthwith declare in writing the existence of the emergency condition and order the termination or reduction. 30-3-23 PENALTY. Any person convicted of violating this Code or any order thereunder shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00). (See 20 ILCS Sec. 3305/1 et seq.)