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HomeMy WebLinkAbout013-R-23 Authorizing the City Manager to Execute Memoranda of Understanding Between the City of Evanston, Illinois Fraternal Order of Police and the Evanston Police Sergeants Association Affiliated with Illinois Fraternal Order of Police Labor Council2/13/2023 13-R-23 A RESOLUTION Authorizing the City Manager to Execute Memoranda of Understanding Between the City of Evanston, Illinois Fraternal Order of Police and the Evanston Police Sergeants Association Affiliated with Illinois Fraternal Order of Police Labor Council WHEREAS, the City of Evanston (the “City”) and the Illinois Fraternal Order of Police (the “FOP”) entered into a Collective Bargaining Agreement in January 2023; and WHEREAS, the City of Evanston (the “City”) and the Evanston Police Sergeants Association Affiliated with the Illinois Fraternal Order of Police Labor Council (the “FOP Sergeants”) entered into a Collective Bargaining Agreement in January 5, 2023; and WHEREAS, the Collective Bargaining Agreement with the FOP defines the “Normal Work Week” as a 14-day work period for Police Officers and “Workday” as forty (40) hours per week and eight and one-half (8.5) hours per day with an thirty (30) minute unpaid lunch period; and WHEREAS, the Collective Bargaining Agreement with FOP Sergeants defines the “Normal Work Week” and “Workday” as forty (40) hours per week and eight (8) hours per day; and WHEREAS, the Evanston Police Department staffing levels are insufficient to allow for the Work Week and Workday to be as defined by the Agreement; and ~1~ Page 1 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 13-R-23 ~ 2 ~ WHEREAS, the City, the FOP and FOP Sergeants negotiated Memoranda of Understanding (“MOUs”) to allow for a 14-day work week with a twelve (12) hour workday as a strategy to ensure adequate staffing on Patrol shifts; and WHEREAS, the City, the FOP and FOP Sergeants reached tentative agreements regarding the MOUs which are attached hereto as Exhibit 1 and 2 respectively. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The MOUs between the City of Evanston, the Illinois Fraternal Order of Police and Evanston Police Sergeants Association affiliated with Illinois Fraternal Order of Police Labor Council are hereby approved. The term of the MOUs shall be from January 1, 2023, to December 31, 2023. SECTION 2: The City Manager is hereby authorized and directed to execute the MOUs on behalf of the City of Evanston. SECTION 3: This Resolution 13-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. Page 2 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 13-R-23 ~ 3 ~ Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel February 13 _______________________________ Daniel Biss, Mayor Page 3 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 13-R-23 ~ 4 ~ EXHIBIT 1 Memorandum of Understanding between the City of Evanston and Illinois Fraternal Order of Police and City of Evanston Patrol Officers, Telecommunicators, and Service Desk Officers Page 4 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON and ILLINOIS FRATERNAL ORDER OF POLICE and CITY OF EVANSTON PATROL OFFICERS, TELECOMMUNICATORS, and SERVICE DESK OFFICERS This MEMORANDUM OF UNDERSTANDING ("MOU"), dated this day of January 2023 is made and entered into by and between CITY OF EVANSTON (the "City"), a home rule municipality, and ILLINOIS FRATERNAL ORDER OF POLICE, (hereinafter referred to as the "Union"). The City and the Union collectively, are referred to as the "Parties." RECITALS WHEREAS, the Union is the sole and exclusive collective bargaining representative for the patrol officers, telecommunicators and service desk officers; and WHEREAS, the Union and the City are parties to a collective bargaining agreement ("CBA") with a current term of January 1, 2023 through December 31, 2026; and WHEREAS, the Parties wish to have a written understanding on how a twelve (12) hour shift schedule will operate and on how particular provisions of the collective bargaining agreement will be applied during the period for the assigned twelve (12) hour shifts; and WHEREAS, this MOU shall not constitute a precedent in which either party may cite in any subsequent negotiations or interest arbitration proceedings; and WHEREAS, the City and the Union seek to retain employees who are members of the Union; and WHEREAS, the City needs to increase staffing levels among sworn personnel of the Evanston Police Department; and WHEREAS, the Parties have discussed creative strategies to allow the City to staff the Evanston Police Department with sworn personnel and incentivize sworn personnel; and WHEREAS, the Parties agree that executing this Memorandum of Understanding is in the best interest of the City and Union membership; and WHEREAS, the Parties agree that the significant shortage in manpower primarily exists in the employees assigned to the Patrol unit and this MOU is designed to address the deficiencies in this area. NOW, THEREFORE, in consideration of the foregoing Recitals, which is hereby incorporated in and made a part of this Memorandum of Understanding ("MOU") as if fully set forth below, the mutual agreement of the Parties hereto and other good and valuable Page 5 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 2 consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1.Contract Amendment. The following sections of the Contract dated January 1, 2023, and effective through December 31, 2026 (the "Contract") is amended as follows: ARTICLE VII: Wages & Benefits Section 7.4 Holidays The City agrees that the first three (3) days (36 hours for officers assigned to Patrol) off in a year (not including sick leave) shall be designated as floating holidays. For approved days off thereafter, the employee may designate the type of accrued time off to be charged (e.g., vacation, holiday, compensatory time). Compensatory time for holidays will be carried on the Department records as hours rather than days. ARTICLE VIII: Hours of Work and Overtime Section 8.1 Work Period. There shall be a 14-day work period for Police Officers (seven days for Telecommunicators, Service Desk Officer Is, and Service Desk Officer Ils) for the purposes of computing overtime pay. The normal workday for officers assigned to patrol is twelve (12) hours, including a 30-minute unpaid lunch period and two (2) fifteen- minute breaks, if staffing and shift activity. Combined lunch and breaks shall not be used to shorten the workday. Section 8.2 Overtime. Hireback: When a Patrol officer is hired back for a Patrol Shift, there shall be a minimum pay guarantee of four (4) hours pay at two (2) times their regular rate of pay until December 31, 2021, retroactive to October 14, 2021. After December 31, 2021, a Patrol officer hired back for a Patrol Shift shall be guaranteed a minimum four (4) hours pay at time and one half. Forced Hireback: Employees must not be forced back for hirebacks when any of the following situations apply: the employee is working a shift switch for another officer; the employee is working a hireback or detail from the previous shift; the employee had training as a tour of duty for the previous shift; the employee was forced back the previous workday; Provided that in the event of an emergency, all officers must remain available for a hireback. Forced Hirebacks shall be distributed on a rotating reverse seniority basis. Any officer that volunteers for a forced hireback will be skipped for one (1) iteration upon the volunteering officer’s turn for a forced hireback. Page 6 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 3 The City will post a list of forced hirebacks as often as hirebacks are required to advise employees of where the City is on the seniority list. Switches must take place within the same 28-day period. Patrol officers cannot work more than four days in a row as a result of a switch. A forced hireback cannot result in a double shift. Switches cannot cause court overtime unless an officer receives a subpoena after the shift is approved. An officer may volunteer for 18 hours, however no forced hireback shall result in more than 16 hours within a 24-hour period. Hirebacks will be offered prior to forcing back officers. If feasible, the City will provide an officer with 24-hour direct notice prior to any forced hireback. This includes either hours prior to a shift or a full shift. Training: Training is defined as all school, seminars and conferences with the exception of recruit school and entry level training. When possible, in-service training will be scheduled on an officer's workday. Night officers shall be granted the night off prior to any assigned training scheduled for the next day. No night officer shall be assigned department training after working a 12-hour shift. Training for officers assigned to a patrol shift on a workday will be counted as a tour of duty but no travel time will be given. ARTICLE X: Labor Management Meetings Section 10.1: Meeting Request. The Union and the City agree that in the interest of efficient management and harmonious employee relations, quarterly Labor-Management meetings will be held. The Labor-Management Committee shall include three employees covered by this Agreement and include a representative from the City Manager's Office; the Corporation Counsel; Human Resources and the Chief of Police. Such quarterly meetings shall be held on the first day of each quarter, or, if inconvenient, some mutually convenient day agreed upon by the parties. Nothing in this section shall prohibit either party from requesting an additional meeting in writing. The meeting agenda shall be set no less than five days in advance of such meeting with agenda items set to address: 1. Discussion of the implementation and general administration of this Agreement; 2. A sharing of general information of interest of the parties, including departmental operation matters affecting employees; and 3. Notifying the Union of changes in conditions of employment contemplated by the City which will affect employees. The parties agree to meet in good faith and exercise their best efforts to submit recommendations for approval by the Chief of Police and City Manager. Page 7 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 4 ARTICLE XII: General Section 12.2: Evidence Technician, Field Training Officer, Range Officer, Accident Investigator, Breathalyzer Operator. An employee who is assigned by the Police Department to perform duties as evidence technician, field training officer, range officer, accident investigator, or breathalyzer operator who has performed the duties of that assignment for three or more consecutive years may file a written request for removal from this assignment. This request will be granted by the Department so long as the employee gives six (6) months' advance written notice. An employee removed from an assignment under this Section will not be reassigned to that assignment for a period of two (2) years. Employees assigned as Evidence Technicians or working in an Evidence Technician capacity shall receive one and a half (1.5) hours of compensatory time per shift as compensation for their duties. Telecommunicator Service Desk training officers shall receive additional compensation for service as a Training Officer, as follows: Telecommunicators 2 hours for each 12- hour training day. Service Desk Officers will receive 2.0 hours of comp time for each 8- hour training day. Police Officer training officers shall receive 2 hours of compensatory time for each day worked in the training officer capacity. 2.Nothing in this MOU shall change the way benefit time (vacation, holiday, compensatory time) is accrued or used for employees covered by this Contract. 3.Compensation Time. As consideration for agreeing to the changes outlined in Paragraph 1 above, employees assigned to Patrol Operations will receive comp time to be held in their comp time bank according to the following schedule: Officers assigned to Patrol Operations on January 3, 20223, shall receive 28.5 hours Officers assigned to Patrol Operations on April 1, 20223, shall receive 28.5 hours Officers assigned to Patrol Operations on July 1, 20223, shall receive 28.5 hours Officers assigned to Patrol Operations on October 1, 20223, shall receive 28.5 hours 4.Discipline. All suspensions with options shall be computed at eight (8) hours in length. All other suspensions shall be computed as a full workday based on the assignment, with eleven and a half (11.5) hours for officers assigned to Patrol. Page 8 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 5 5.Retention Bonus. All Employees covered by the Contract with two service years who have successfully completed the FTO Program with the City of Evanston who continue to work under the terms of the Contract will receive a bonus totaling $4000,00. Bonuses will be paid in equal installments of $2000.00 the first final pay period of 20223 and the final pay period of 20223. 6.Referral Bonus. Any Employee covered by the Contract that refers an officer for lateral hire that is subsequently hired and sworn as a member of the Evanston Police Department shall receive $2,500.00. Should the new officer remain an Evanston Police officer beyond their probationary period, the employee who made the referral shall receive an additional $2,500.00 at the end of the new officer's probationary period. 7.Entire Agreement. All provisions of the Parties' CBA will remain in full force and effect during the period of this MOU unless specifically modified by the provisions of this MOU. 8.Counterparts. This MOU may be executed in any one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one MOU. 9.Severability. If any provision of this MOU or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this MOU that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this MOU is severable. 10.Term. The Parties agree the term of this MOU shall be from January 1, 20223, to December 31.20223. The Parties agree that they will meet no later than August 1, 20223, to evaluate the impact and effects of this MOU, and whether to continue the program beyond December 31, 20223. At the termination of this MOU, all terms and conditions of the Contract amended by Paragraph 1 of this MOU shall revert to the terms and conditions of the current collective bargaining agreement at the time of expiration Contract dated January 1, 2019 (the "status quo"). The effective date of this MOU is the date of the signature last affixed to this page. Page 9 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 6 IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first above written. Illinois Fraternal Order of Police City of Evanston, a Municipal Corporation Labor Council in the State of Illinois __________________________ _______________________________ Rolanda L. Sudduth Attorney _____________________________ Mikhail Geyer _____________________________ Clara Just _____________________________ Thomas Curtin, III _____________________________ William Arzuaga _____________________________ Nathaniel Basner Page 10 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 13-R-23 ~ 5 ~ EXHIBIT 2 Memorandum of Understanding between the City of Evanston and Illinois FOP, Labor Council and the City of Evanston Sergeants Page 11 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON and ILLINOIS FOP, LABOR COUNCIL AND THE CITY OF EVANSTON SERGEANTS This MEMORANDUM OF UNDERSTANDING ("MOU"), dated this ___________ day of _________________ 2023, is made and entered into by and between CITY OF EVANSTON (the "City"), a home rule municipality, and EVANSTON SERGEANTS' ASSOCIATION, affiliated with ILLINOIS FRATERNAL ORDER OF POLICE, LABOR COUNCIL (hereinafter referred to as the "Labor Council" or "Union"). The City and the Union collectively, are referred to as the "Parties." RECITALS WHEREAS, the City and the Union seek to retain employees who are members of the Union; WHEREAS, the City needs to increase staffing levels among sworn personnel of the Evanston Police Department; WHEREAS, the Parties have discussed creative strategies to allow the City to staff the Evanston Police Department with sworn personnel and incentivize sworn personnel; and WHEREAS, the Parties wish to have a written understanding on how a twelve (12) hour shift schedule will operate and on how particular provisions of the collective bargaining agreement will be applied during the period for the assigned twelve (12) hour shifts; and WHEREAS, this MOU shall not constitute a precedent in which either party may cite in any subsequent negotiations or interest arbitration proceedings. NOW, THEREFORE, in consideration of the foregoing Recitals, which is hereby incorporated in and made a part of this Memorandum of Understanding ("MOU") as if fully set forth below, the mutual agreement of the Parties hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Contract Amendment. The following sections of the Contract dated January 1, 2023, and effective through December 31, 2026 (the "Contract") is amended as follows: Article 9 Wages and Benefits: Section 9.4 Holidays Holidays shall be as follows: New Years' Day Thanksgiving Day Dr. Martin Luther King Jr.'s Birthday Friday after Thanksgiving Employee's Birthday Christmas Eve Juneteenth Christmas Day Memorial Day Three Floating Holidays Fourth of July Labor Day Page 12 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 2 For approved days off other than sick leave, the employee may designate the type of accrued time off to be charged (e.g., vacation, holiday, compensatory time). Holiday time for holidays will be carried on the Department records as hours rather than days, in the compensatory time bank, and may be carried over from year to year. The three floating holidays will be accrued consistent with the Sergeants’ assigned work schedule. At the time of separation from City employment the employee shall receive payment of all accrued but unused holiday time that has been transferred to the compensatory time bank. Employees required to work on New Year’s Day, Dr. Martin Luther King Jr.’s Birthday, Thanksgiving Day, Friday after Thanksgiving, or Christmas Day shall receive pay at time and one-half for all hours worked in addition to the Holiday Compensation addressed in Section 9.5 below. Article 10 Hours of Work and Overtime: Section 10.2 Normal Work Week and Workday There shall be a fourteen (14) day work period for the purposes of computing overtime pay. For sergeants assigned to patrol, the normal workday shall be eleven and one-half (11.5) hours, plus a thirty (30) minute unpaid lunch period each day, subject to emergency work duties. Sergeants shall be compensated at 1.5 hours and for Sergeants assigned to Investigations (Detective Bureau and Special Operations Group) and Midnight Shift Patrol two (2) hours of compensatory time for each day worked at the straight time calculation. Article 10 Hours of Work and Overtime: Section 10.3 Overtime Employees shall be paid one and one-half (1-1/2) times their regular rate of pay for all hours worked beyond eleven and one-half (11.5) hours in a workday. Vacation, sick time, holidays, and other absences from work, paid or unpaid; excluding training programs will not be considered as hours worked for the purposes of calculating overtime. Overtime shall be paid in (15) minute increments using FLSA rounding rules. Article 10 Hours of Work and Overtime: Section 10.4 Compensatory Time As consideration for agreeing to the changes to Section 10.2, employees assigned to Patrol Operations will receive compensatory time to be held in their compensatory time bank according to the following schedule: Employees assigned to Patrol Operations on January 3, 2023, shall receive 28.5 hours Employees assigned to Patrol Operations on April 1, 2023, shall receive 28.5 hours Employees assigned to Patrol Operations on July 1, 2023, shall receive 28.5 hours Employees assigned to Patrol Operations on October 1, 2023, shall receive 28.5 hours Article 10 Hours of Work and Overtime Section 10.5 Hire-Back When an employee is hired back, there shall be a minimum pay guarantee of four (4) hours' pay at two (2) times their regular rate of pay until December 31, 2021, retroactive to October 14, 2021. After December 31, 2021, a minimum pay guarantee of four (4) hours' pay at time and one-half times their regular rate of pay. Supervisory hire back will be offered to the rank of Sergeant, within the respective shift or unit, before it is offered to other Command ranks. Article 10 Hours of Work and Overtime: New Section 10.13 Specialty Unit Sergeants If a Specialty Unit Sergeant is temporarily assigned to patrol for at least one week, that Sergeant shall be entitled to comp time of 28.5 hours pro-rated for the period of time assigned. Any Sergeant reassigned to patrol shall receive the quarterly 28.5 hours compensation in that quarter and for the remainder of their patrol assignment for 2023. Page 13 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 3 2. Retention Bonus Employees who continue to work under the terms of the Contract will receive a bonus totaling $4,000.00. Bonuses will be paid in equal installments of $2,000.00 the final period of 2023 and the final pay period of 2023. 3. Referral Bonus Any employee covered by the Contract that refers an officer for lateral hire that is subsequently hired and sworn as a member of the Evanston Police Department shall receive $2,500.00. Should the new officer remain an Evanston Police officer beyond their probationary period, the employee who made the referral shall receive an additional $2,500.00 at the end of the new officer's probationary period. 4. Entire Agreement All provisions and practices of the parties' current Labor Agreement will remain in full force during the twelve (12) hour pilot shift schedule program of this MOU unless specifically temporarily modified by the provisions of this MOU. 5. Counterparts This MOU may be executed in any one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one MOU. 6. Severability If any provision of this MOU or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this MOU that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this MOU is severable. 7. Term The Parties agree the term of this MOU shall be from January 1, 2023, to December 31. 2023. The Parties agree that they will meet no later than August 1, 2023, to evaluate the impact and effects of this MOU, and whether to continue the program beyond December 31, 2023. At the termination of this MOU, all terms and conditions of the Contract amended by Paragraph 1 of this MOU shall revert to the terms and conditions of the Contract dated January 1, 2023 (the “status quo”). IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first above written. Illinois Fraternal Order of Police City of Evanston, a Municipal Corporation Labor Council in the State of Illinois _____________________________ ______________________________ Kevin S. Krug Date Luke Stowe Date Northern Field Supervisor City Manager _____________________________ _____________________________________ Charlotte Hart Date Stephanie Mendoza Date Sergeant City Clerk _____________________________ City Seal Anthony Correa Date Page 14 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 4 Sergeant : _____________________________ Chelsea Brown Date Sergeant _____________________________ Mark D. Dobrowolski Date Sergeant Page 15 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON and ILLINOIS FRATERNAL ORDER OF POLICE and CITY OF EVANSTON PATROL OFFICERS, TELECOMMUNICATORS, and SERVICE DESK OFFICERS This MEMORANDUM OF UNDERSTANDING ("MOU"), dated this day of January 2023 is made and entered into by and between CITY OF EVANSTON (the "City"), a home rule municipality, and ILLINOIS FRATERNAL ORDER OF POLICE, (hereinafter referred to as the "Union"). The City and the Union collectively, are referred to as the "Parties." RECITALS WHEREAS, the Union is the sole and exclusive collective bargaining representative for the patrol officers, telecommunicators and service desk officers; and WHEREAS, the Union and the City are parties to a collective bargaining agreement ("CBA") with a current term of January 1, 2023 through December 31, 2026; and WHEREAS, the Parties wish to have a written understanding on how a twelve (12) hour shift schedule will operate and on how particular provisions of the collective bargaining agreement will be applied during the period for the assigned twelve (12) hour shifts; and WHEREAS, this MOU shall not constitute a precedent in which either party may cite in any subsequent negotiations or interest arbitration proceedings; and WHEREAS, the City and the Union seek to retain employees who are members of the Union; and WHEREAS, the City needs to increase staffing levels among sworn personnel of the Evanston Police Department; and WHEREAS, the Parties have discussed creative strategies to allow the City to staff the Evanston Police Department with sworn personnel and incentivize sworn personnel; and WHEREAS, the Parties agree that executing this Memorandum of Understanding is in the best interest of the City and Union membership; and WHEREAS, the Parties agree that the significant shortage in manpower primarily exists in the employees assigned to the Patrol unit and this MOU is designed to address the deficiencies in this area. NOW, THEREFORE, in consideration of the foregoing Recitals, which is hereby incorporated in and made a part of this Memorandum of Understanding ("MOU") as if fully set forth below, the mutual agreement of the Parties hereto and other good and valuable Page 16 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 2 consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1.Contract Amendment. The following sections of the Contract dated January 1, 2023, and effective through December 31, 2026 (the "Contract") is amended as follows: ARTICLE VII: Wages & Benefits Section 7.4 Holidays The City agrees that the first three (3) days (36 hours for officers assigned to Patrol) off in a year (not including sick leave) shall be designated as floating holidays. For approved days off thereafter, the employee may designate the type of accrued time off to be charged (e.g., vacation, holiday, compensatory time). Compensatory time for holidays will be carried on the Department records as hours rather than days. ARTICLE VIII: Hours of Work and Overtime Section 8.1 Work Period. There shall be a 14-day work period for Police Officers (seven days for Telecommunicators, Service Desk Officer Is, and Service Desk Officer Ils) for the purposes of computing overtime pay. The normal workday for officers assigned to patrol is twelve (12) hours, including a 30-minute unpaid lunch period and two (2) fifteen- minute breaks, if staffing and shift activity. Combined lunch and breaks shall not be used to shorten the workday. Section 8.2 Overtime. Hireback: When a Patrol officer is hired back for a Patrol Shift, there shall be a minimum pay guarantee of four (4) hours pay at two (2) times their regular rate of pay until December 31, 2021, retroactive to October 14, 2021. After December 31, 2021, a Patrol officer hired back for a Patrol Shift shall be guaranteed a minimum four (4) hours pay at time and one half. Forced Hireback: Employees must not be forced back for hirebacks when any of the following situations apply: the employee is working a shift switch for another officer; the employee is working a hireback or detail from the previous shift; the employee had training as a tour of duty for the previous shift; the employee was forced back the previous workday; Provided that in the event of an emergency, all officers must remain available for a hireback. Forced Hirebacks shall be distributed on a rotating reverse seniority basis. Any officer that volunteers for a forced hireback will be skipped for one (1) iteration upon the volunteering officer’s turn for a forced hireback. Page 17 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 3 The City will post a list of forced hirebacks as often as hirebacks are required to advise employees of where the City is on the seniority list. Switches must take place within the same 28-day period. Patrol officers cannot work more than four days in a row as a result of a switch. A forced hireback cannot result in a double shift. Switches cannot cause court overtime unless an officer receives a subpoena after the shift is approved. An officer may volunteer for 18 hours, however no forced hireback shall result in more than 16 hours within a 24-hour period. Hirebacks will be offered prior to forcing back officers. If feasible, the City will provide an officer with 24-hour direct notice prior to any forced hireback. This includes either hours prior to a shift or a full shift. Training: Training is defined as all school, seminars and conferences with the exception of recruit school and entry level training. When possible, in-service training will be scheduled on an officer's workday. Night officers shall be granted the night off prior to any assigned training scheduled for the next day. No night officer shall be assigned department training after working a 12-hour shift. Training for officers assigned to a patrol shift on a workday will be counted as a tour of duty but no travel time will be given. ARTICLE X: Labor Management Meetings Section 10.1: Meeting Request. The Union and the City agree that in the interest of efficient management and harmonious employee relations, quarterly Labor-Management meetings will be held. The Labor-Management Committee shall include three employees covered by this Agreement and include a representative from the City Manager's Office; the Corporation Counsel; Human Resources and the Chief of Police. Such quarterly meetings shall be held on the first day of each quarter, or, if inconvenient, some mutually convenient day agreed upon by the parties. Nothing in this section shall prohibit either party from requesting an additional meeting in writing. The meeting agenda shall be set no less than five days in advance of such meeting with agenda items set to address: 1. Discussion of the implementation and general administration of this Agreement; 2. A sharing of general information of interest of the parties, including departmental operation matters affecting employees; and 3. Notifying the Union of changes in conditions of employment contemplated by the City which will affect employees. The parties agree to meet in good faith and exercise their best efforts to submit recommendations for approval by the Chief of Police and City Manager. Page 18 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 4 ARTICLE XII: General Section 12.2: Evidence Technician, Field Training Officer, Range Officer, Accident Investigator, Breathalyzer Operator. An employee who is assigned by the Police Department to perform duties as evidence technician, field training officer, range officer, accident investigator, or breathalyzer operator who has performed the duties of that assignment for three or more consecutive years may file a written request for removal from this assignment. This request will be granted by the Department so long as the employee gives six (6) months' advance written notice. An employee removed from an assignment under this Section will not be reassigned to that assignment for a period of two (2) years. Employees assigned as Evidence Technicians or working in an Evidence Technician capacity shall receive one and a half (1.5) hours of compensatory time per shift as compensation for their duties. Telecommunicator Service Desk training officers shall receive additional compensation for service as a Training Officer, as follows: Telecommunicators 2 hours for each 12- hour training day. Service Desk Officers will receive 2.0 hours of comp time for each 8- hour training day. Police Officer training officers shall receive 2 hours of compensatory time for each day worked in the training officer capacity. 2.Nothing in this MOU shall change the way benefit time (vacation, holiday, compensatory time) is accrued or used for employees covered by this Contract. 3.Compensation Time. As consideration for agreeing to the changes outlined in Paragraph 1 above, employees assigned to Patrol Operations will receive comp time to be held in their comp time bank according to the following schedule: Officers assigned to Patrol Operations on January 3, 20223, shall receive 28.5 hours Officers assigned to Patrol Operations on April 1, 20223, shall receive 28.5 hours Officers assigned to Patrol Operations on July 1, 20223, shall receive 28.5 hours Officers assigned to Patrol Operations on October 1, 20223, shall receive 28.5 hours 4.Discipline. All suspensions with options shall be computed at eight (8) hours in length. All other suspensions shall be computed as a full workday based on the assignment, with eleven and a half (11.5) hours for officers assigned to Patrol. Page 19 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 5 5.Retention Bonus. All Employees covered by the Contract with two service years who have successfully completed the FTO Program with the City of Evanston who continue to work under the terms of the Contract will receive a bonus totaling $4000,00. Bonuses will be paid in equal installments of $2000.00 the first final pay period of 20223 and the final pay period of 20223. 6.Referral Bonus. Any Employee covered by the Contract that refers an officer for lateral hire that is subsequently hired and sworn as a member of the Evanston Police Department shall receive $2,500.00. Should the new officer remain an Evanston Police officer beyond their probationary period, the employee who made the referral shall receive an additional $2,500.00 at the end of the new officer's probationary period. 7.Entire Agreement. All provisions of the Parties' CBA will remain in full force and effect during the period of this MOU unless specifically modified by the provisions of this MOU. 8.Counterparts. This MOU may be executed in any one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one MOU. 9.Severability. If any provision of this MOU or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this MOU that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this MOU is severable. 10.Term. The Parties agree the term of this MOU shall be from January 1, 20223, to December 31.20223. The Parties agree that they will meet no later than August 1, 20223, to evaluate the impact and effects of this MOU, and whether to continue the program beyond December 31, 20223. At the termination of this MOU, all terms and conditions of the Contract amended by Paragraph 1 of this MOU shall revert to the terms and conditions of the current collective bargaining agreement at the time of expiration Contract dated January 1, 2019 (the "status quo"). The effective date of this MOU is the date of the signature last affixed to this page. Page 20 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 6 IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first above written. Illinois Fraternal Order of Police City of Evanston, a Municipal Corporation Labor Council in the State of Illinois __________________________ _______________________________ Rolanda L. Sudduth Attorney _____________________________ Mikhail Geyer _____________________________ Clara Just _____________________________ Thomas Curtin, III _____________________________ William Arzuaga _____________________________ Nathaniel Basner Page 21 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON and ILLINOIS FOP, LABOR COUNCIL AND THE CITY OF EVANSTON SERGEANTS This MEMORANDUM OF UNDERSTANDING ("MOU"), dated this ____________ day of _________________2023, is made and entered into by and between CITY OF EVANSTON (the "City"), a home rule municipality, and EVANSTON SERGEANTS' ASSOCIATION, affiliated with ILLINOIS FRATERNAL ORDER OF POLICE, LABOR COUNCIL (hereinafter referred to as the "Labor Council" or "Union"). The City and the Union collectively, are referred to as the "Parties." RECITALS WHEREAS, the City and the Union seek to retain employees who are members of the Union; WHEREAS, the City needs to increase staffing levels among sworn personnel of the Evanston Police Department; WHEREAS, the Parties have discussed creative strategies to allow the City to staff the Evanston Police Department with sworn personnel and incentivize sworn personnel; and WHEREAS, the Parties wish to have a written understanding on how a twelve (12) hour shift schedule will operate and on how particular provisions of the collective bargaining agreement will be applied during the period for the assigned twelve (12) hour shifts; and WHEREAS, this MOU shall not constitute a precedent in which either party may cite in any subsequent negotiations or interest arbitration proceedings. NOW, THEREFORE, in consideration of the foregoing Recitals, which is hereby incorporated in and made a part of this Memorandum of Understanding ("MOU") as if fully set forth below, the mutual agreement of the Parties hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Contract Amendment. The following sections of the Contract dated January 1, 2023, and effective through December 31, 2026 (the "Contract") is amended as follows: Article 9 Wages and Benefits: Section 9.4 Holidays Holidays shall be as follows: New Years' Day Thanksgiving Day Dr. Martin Luther King Jr.'s Birthday Friday after Thanksgiving Employee's Birthday Christmas Eve Juneteenth Christmas Day Memorial Day Three Floating Holidays Fourth of July Labor Day Page 22 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 2 For approved days off other than sick leave, the employee may designate the type of accrued time off to be charged (e.g., vacation, holiday, compensatory time). Holiday time for holidays will be carried on the Department records as hours rather than days, in the compensatory time bank, and may be carried over from year to year. The three floating holidays will be accrued consistent with the Sergeants’ assigned work schedule. At the time of separation from City employment the employee shall receive payment of all accrued but unused holiday time that has been transferred to the compensatory time bank. Employees required to work on New Year’s Day, Dr. Martin Luther King Jr.’s Birthday, Thanksgiving Day, Friday after Thanksgiving, or Christmas Day shall receive pay at time and one-half for all hours worked in addition to the Holiday Compensation addressed in Section 9.5 below. Article 10 Hours of Work and Overtime: Section 10.2 Normal Work Week and Workday There shall be a fourteen (14) day work period for the purposes of computing overtime pay. For sergeants assigned to patrol, the normal workday shall be eleven and one-half (11.5) hours, plus a thirty (30) minute unpaid lunch period each day, subject to emergency work duties. Sergeants shall be compensated at 1.5 hours and for Sergeants assigned to Investigations (Detective Bureau and Special Operations Group) and Midnight Shift Patrol two (2) hours of compensatory time for each day worked at the straight time calculation. Article 10 Hours of Work and Overtime: Section 10.3 Overtime Employees shall be paid one and one-half (1-1/2) times their regular rate of pay for all hours worked beyond eleven and one-half (11.5) hours in a workday. Vacation, sick time, holidays, and other absences from work, paid or unpaid; excluding training programs will not be considered as hours worked for the purposes of calculating overtime. Overtime shall be paid in (15) minute increments using FLSA rounding rules. Article 10 Hours of Work and Overtime: Section 10.4 Compensatory Time As consideration for agreeing to the changes to Section 10.2, employees assigned to Patrol Operations will receive compensatory time to be held in their compensatory time bank according to the following schedule: Employees assigned to Patrol Operations on January 3, 2023, shall receive 28.5 hours Employees assigned to Patrol Operations on April 1, 2023, shall receive 28.5 hours Employees assigned to Patrol Operations on July 1, 2023, shall receive 28.5 hours Employees assigned to Patrol Operations on October 1, 2023, shall receive 28.5 hours Article 10 Hours of Work and Overtime Section 10.5 Hire-Back When. an employee is hired back, there shall be a minimum pay guarantee of four (4) hours' pay at two (2) times their regular rate of pay until December 31, 2021, retroactive to October 14, 2021. After December 31, 2021, a minimum pay guarantee of four (4) hours' pay at time and one-half times their regular rate of pay. Supervisory hire back will be offered to the rank of Sergeant, within the respective shift or unit, before it is offered to other Command ranks. Article 10 Hours of Work and Overtime: New Section 10.13 Specialty Unit Sergeants If a Specialty Unit Sergeant is temporarily assigned to patrol for at least one week, that Sergeant shall be entitled to comp time of 28.5 hours pro-rated for the period of time assigned. Any Sergeant reassigned to patrol shall receive the quarterly 28.5-compensation in that quarter and for the remainder of their patrol assignment for 2023. Page 23 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 3 2.Retention Bonus Employees who continue to work under the terms of the Contract will receive a bonus totaling $4,000.00. Bonuses will be paid in equal installments of $2,000.00 the final period of 2023 and the final pay period of 2023. 3. Referral Bonus Any employee covered by the Contract that refers an officer for lateral hire that is subsequently hired and sworn as a member of the Evanston Police Department shall receive $2,500.00. Should the new officer remain an Evanston Police officer beyond their probationary period, the employee who made the referral shall receive an additional $2,500.00 at the end of the new officer's probationary period. 4. Entire Agreement All provisions and practices of the parties' current Labor Agreement will remain in full force during the twelve (12) hour pilot shift schedule program of this MOU unless specifically temporarily modified by the provisions of this MOU. 5. Counterparts This MOU may be executed in any one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one MOU. 6. Severability If any provision of this MOU or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this MOU that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this MOU is severable. 7. Term The Parties agree the term of this MOU shall be from January 1, 2023, to December 31. 2023. The Parties agree that they will meet no later than August 1, 2023, to evaluate the impact and effects of this MOU, and whether to continue the program beyond December 31, 2023. At the termination of this MOU, all terms and conditions of the Contract amended by Paragraph 1 of this MOU shall revert to the terms and conditions of the Contract dated January 1, 2023 (the “status quo”). IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first above written. Illinois Fraternal Order of Police City of Evanston, a Municipal Corporation Labor Council in the State of Illinois _____________________________ ______________________________ Kevin S. Krug Date Luke Stowe Date Northern Field Supervisor Interim City Manager _____________________________ _____________________________________ Charlotte Hart Date Stephanie Mendoza Date Sergeant City Clerk _____________________________ City Seal Anthony Correa Date Page 24 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a 4 Sergeant : _____________________________ Chelsea Brown Date Sergeant _____________________________ Mark D. Dobrowolski Date Sergeant Page 25 of 25 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a