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Home My WebLink AboutResolution 8-R-25, Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Evanston and the Evanston Police1/27/2025 8-R-25 A RESOLUTION Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Evanston and the Evanston Police Sergeants Association Affiliated with Illinois Fraternal Order of Police Labor Council 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”) (collectively the “Parties”) entered into a Collective Bargaining Agreement in January 5, 2023; 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 Parties desire to continue with the twelve (12) hour shifts; and WHEREAS, the City and FOP Sergeants negotiated a Memorandum of Understanding (“MOU”) to allow for a 14-day work week with a twelve (12) hour workday as a strategy to ensure adequate staffing on Patrol shifts for 2025; and WHEREAS, the City and FOP Sergeants reached tentative agreements regarding the MOU which is attached hereto as Exhibit A. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The MOU between the City of Evanston and Evanston Police Sergeants Association affiliated with Illinois Fraternal Order of Police Labor Council are Page 1 of 7 8-R-25 hereby approved. The term of the MOU shall be from January 1, 2025, to December 31, 2025. SECTION 2: The City Manager is hereby authorized and directed to execute the MOU on behalf of the City of Evanston. SECTION 3: This Resolution 8-R-25 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2025 Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel Page 2 of 7 8-R-25 Exhibit A Memorandum of Understanding between the City of Evanston and the Evanston Police Sergeants Association Affiliated with Illinois Fraternal Order of Police Labor Council Page 3 of 7 1, 'FHA‘TERNAL .:onuaa APPENDIX C 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 January 1,2025,is made and entered into by and between CITY OF EVANSTON (the “City"),a home rule municipality,and EVANSTON SERGEANTS'ASSOCIATION,af?liated 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 Union is the sole and exclusive collective bargaining representative for the Sergeants 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; WHEREAS the City needs to increase staf?ng levels among sworn personnel of the Evanston Police Department; swornWHEREASthePartieswishto have a written understanding on how a twelve (12)hour shiftschedulewilloperateandonhowparticularprovisionsofthecollectivebargainingagreementwillbeappliedduringtheperiodfortheassignedtwelve(12)hour shifts;andSergeantsUnion12—31~24Page 4 of 7 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 Paities hereto and other good and valuable consideration,the receipt and suf?ciency 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 2 Wages and Bene?ts:Section 9.4 Holidays Holidays shall be as follows: New Years’Day Labor Day Dr.Martin Luther King Jr’s Thanksgiving Day Birthday Employee’s Birthday Friday after Thanksgiving Memorial Day Christmas Eve Juneteenth Christmas Day Fourth of July Three Floating Holidays 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 ?oating 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.'3 Birthday,Thanksgiving Day,Friday after Thanksgiving,or Christmas Day shall receive pay at time and one—halffor 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(l 1.5)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 Shi?Patrol two (2)hours of compensatory time for Article 10 Hours of Work and Overtime:Section 10.3 OvertimeEmployeesshallbepaidoneandone-half (1-1/2)times their regular rate of pay for all hoursworkedbeyondelevenandone—half(11.5)hours in a workday for Patrol Sergeants.Vacation,sick time,holidays,and other absences from work,paid or unpaid;excluding training programsSergeantsUnion12-31—24Page 5 of 7 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 1,2025,shall receive 19.5 hours. Employees assigned to Patrol Operations on April 1,2025,shall receive 19.5 hours. Employees assigned to Patrol Operations on July 1,2025,shall receive 19.5 hours. Employees assigned to Patrol Operations on October 1,2025,shall receive 19.5 hours. In addition,employees assigned to Patrol Operations shall receive three (3)additional ?oating holidays.The three (3)?oating holidays will be accrued consistent with the Sergeants assigned work schedule. 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—halftimes 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:Section 10.13 Spgjalty 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 19.5 hours pro-rated for the period of time assigned.Any Sergeant reassigned to patrol shall receive the quarterly 19.5 hours compensation in that quarter and for the remainder of their patrol assignment for 2025. Retention Bonus Employees who continue to work under the terms of the Contract will receive a bonus totaling $2000.00.The bonus will be paid for the ?rst pay period in January 2025. Referral Bonus Any employee covered by the Contract that refers an of?cer for lateral hire that is subsequently the new of?cer remain an Evanston Police of?cer beyondemployeewhomadethereferralshallreceiveanadditional$2,500.00 at the end of the newof?cer's probationary period.Sergeants Union 12—3l~24Page 6 of 7 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 speci?cally temporarily modi?ed by the provisions of this MOU. 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. 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 1,2025,to December 31,2025. The Parties agree that they will meet no later than August 1,2025,to evaluate the impact and effects of this MOU,and Whether to continue the program beyond December 31,2025.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 (the "status quo"). IN WITNESS WHEREOF,the parties hereto have executed this MOU as of the day and year ?rst above written. lllin is Fraternal Order of Police City of Evanston,a Municipal Corporation L b,r Council in the State of Illinois is evin S.Krug Date Luke Stowe Date Northern Supervisor City Manager (?<2!thtt"15/3;151% Charlotte Hart :Date I Stephanie Mendoza Date Sergeant City Clerk ’(J‘/’a?“City Seal Jeff Faison Date (—3“:i 1/3 2 L;Christopher Tortorello DateSergeantSergeantsUnion12-31-24Page 7 of 7