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HomeMy WebLinkAboutResolution 7-R-25, Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Evanston and the Illinois Fraternal Order of Police1/27/2025 7-R-25 A RESOLUTION Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Evanston and Illinois Fraternal Order of Police WHEREAS, the City of Evanston (the “City”) and the Illinois Fraternal Order of Police (the “FOP”) (collectively the “Parties”) entered into a Collective Bargaining Agreement in January 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 Parties desire to continue the twelve (12) hour shifts at this time; and WHEREAS, the City and the FOP have further negotiated a 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 have reached a tentative agreement 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: Page 1 of 8 7-R-25 SECTION 1: The MOU between the City of Evanston and the Illinois Fraternal Order of are 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 7-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 8 7-R-25 Exhibit A 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 3 of 8 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON and ILLINOIS FRATERNAL ORDER OF POLICE and CITY OF EVANSTON PATROL OFFICERS, TELECOMMUNICATORS, SERVICE DESK OFFICERS I and DETENTION DESK OFFICERS This MEMORANDUM OF UNDERSTANDING ("MOU"), dated this day of January 2025 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, Service Desk Officers I and Detention 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 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 existed in the employees assigned to the Patrol unit and this MOU and prior MOUs were 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 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: Page 4 of 8 ARTICLE VII: Wages & Benefits Section 7.4 Holidays The City agrees that the first six (6) days (72 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 Detention Desk Officers) 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 minim um pay guarantee of 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. 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. Page 5 of 8 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 subpoe na 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 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 XII: General Section 12.2: Evidence Technician, Field Training Officer, Range Officer, Accident Investigator, Breathalyzer Operator. Employees assigned as Field Training Officer or working in a Field Training capacity shall receive one and a half (1.5) hours of compensatory time per shift as compensation for their duties. Employees assigned and working as Field Training Officers will receive a Working Day Off (WDO) for each block of training completed. A “training block” is defined as a 14 day work period for officers assigned to both the patrol and traffic unit. 1. Nothing in this MOU shall change the way benefit time (vacation, holiday, compensatory time) is accrued or used for employees covered by this Contract. 2. 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, 2025, shall receive 19 hours. • Officers assigned to Patrol Operations on April 1, 2025, shall receive 19 hours. • Officers assigned to Patrol Operations on July 1, 2025, shall receive 19 hours. • Officers assigned to Patrol Operations on October 1, 2025, shall receive 19 hours. 4. Discipline. All suspensions with options shall be computed at eight (8) hours in length. Suspensions without options shall be deducted in eight (8) hour increments from the officer’s assigned tour of duty. Page 6 of 8 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 $2000. Bonuses will be paid in one installment of $2000.00 the first pay period of 2025. 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, 2025, to December 31, 2025. The Parties agree that they will meet no later than August 1, 202 5, 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"). Page 7 of 8 The effective date of this MOU is the date of the signature last affixed to this page. 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 __________________________ _______________________________ Kimkea L. Harris Attorney _____________________________ Clara Just _____________________________ Mikhail Geyer _____________________________ Nathaniel Basner _____________________________ Daniel Mokos ___________________________ Ryan Kollar Page 8 of 8