Chicago Police & FOP Lodge 7July 1, 1999 -
June 30, 2003 |
1-Preamble
2-Recognition
3-Lodge Security
4-Management Rights
5-No Strike
6-Bill of Rights
7-Summary Punishment
8-Employee Security
9-Grievance Procedure
10-Non-Discrimination
11-Holidays
12-Promotions
13-Layoffs - Re-Employment
14-Bulletin Boards
15-Safety Issues
16-Secondary Employment and Special Employment
17-F.O.P. Representatives
18-Disability Income
19-Bereavement Leave
20-Hours and Overtime
21-Uniforms
22-Indemnification
23-Seniority
24-Educational Reimbursement
25-Life and Health Insurance Provisions
26-Wages
27-Residency
28-Duration, Enforcement and Dispute Resolution
29-Baby Furlough Days
29A-Furloughs
30-Personal Leaves of Absence
31-Steady Watch
32-Complete Agreement
33-Savings Clause
A-Salary Schedules
B-Misc. positions
C-Auxiliary Police Aides
D-Dental Plan
E-Network Changes
F-In-Network/Out-of-Network Care
G-Health Care Contributions for Active Members
H-PPO Prescription Drug Cost
I-Chemical Dependency and Mental Health Care Co-Insurance and Limits
J-Behavioral Intervention System - Personnel Concerns Program
K-High Risk Pregnancy Screening Program
L-Complaint Review Panel Rules of Procedure
M-Expedited Arbitration Rules
N-Procedures for Injury on Duty and Recurrence Claims
O-Subrogation Language for City of Chicago
P-Benefits During Probationary Period
Q-Discipline Screening Program Period
R-Procedures For Psychological Review
S-Furlough By Watch
ARTICLE 1
PREAMBLE
This Agreement is entered into by and between the City of Chicago, an Illinois municipal corporation (hereinafter referred to as the “Employer”) and the Fraternal Order of Police, Chicago Lodge No. 7 (hereinafter referred to as the “Lodge”).
It is the purpose of this Agreement and it is the intent of the parties hereto to establish and promote mutual harmonious understanding and relationships between the Employer and the Lodge, to promote departmental efficiency and effectiveness, to establish wages, hours, standards and other terms and conditions of employment for officers covered by this Agreement, and to provide for the equitable and peaceful adjustment and resolution of differences which may arise from time to time over the negotiations, interpretation and application of this Agreement.
In consideration of the mutual promises, covenants and agreements contained herein, the parties hereto, by their duly authorized representative and/or agents, do mutually covenant and agree as follows:
ARTICLE 2
RECOGNITION
The Employer recognizes the Lodge as the sole and exclusive collective bargaining representative for all sworn Police Officers below the rank of sergeant (herein referred to as “officer”), excluding probationary officers employed by the Employer in its Department of Police, provided said probationary period shall not extend beyond an eighteen (18) month period.
The normal probationary period shall consist of eighteen (18) months of actual presence during active duty. Consequently, time absent from duty or not served, for any reason, shall not apply toward satisfaction of the probationary period, except as provided in Appendix P. During the probationary period, an officer is not entitled to any rights, privileges or benefits under this Agreement, except as provided in Appendix P.
Officers covered by the Agreement who have completed their probationary period as defined in Article 2 of the Agreement and thereafter commence disability or approved leaves of absence but subsequently return to active duty shall not be considered probationary and shall be entitled to all rights and benefits provided for in the Agreement, including, but not limited to, the right to invoke the provisions of Article 9 of the Agreement.
ARTICLE 3
LODGE SECURITY
Section 3.1 - Maintenance of Membership and Agency Shop.
A. Each officer who on the effective date of this Agreement is a member of the Lodge, and each officer who becomes a member after that date, shall, as a condition of employment, maintain their membership in good standing in the Lodge during the term of this Agreement.
B. B. Any present officer who is not a member of the Lodge shall, as a condition of employment, be required to pay fair share (not to exceed the amount of Lodge dues) of the cost of the collective bargaining process and contract administration. All officers hired on or after the effective date of this Agreement and who have not made application for membership shall, on or after the thirtieth day following the completion of their probationary period, also be required to pay a fair share of the cost of the collective bargaining process and contract administration.
Section 3.2 — Lodge Presentation at Orientation.
The Employer shall grant the Lodge an opportunity during the orientation of new officers to present the benefits of membership in the Lodge.
Section 3.3 - Dues Deduction.
A. With respect to any officer on whose behalf the Employer receives written authorization in a form agreed upon by the Lodge and the Employer, the Employer shall deduct from the wages of the officer the dues and/or financial obligations uniformly required and shall forward the full amount to the Lodge by the tenth (10th) day of the month following the month in which the deductions are made. The amounts deducted shall be in accordance with a schedule to be submitted to the Employer by the Lodge. Authorization for such deduction shall be irrevocable unless revoked by written notice to the Employer and the Lodge during the fifteen (15) day period prior to the expiration of this contract. The Employer will not similarly deduct the dues of any other organization as to officers covered by this Agreement.
B. With respect to any officer on whose behalf the Employer has not received a written authorization as provided for in 3.3A above, the Employer shall deduct from the wages of the officer, the fair share financial obligation, including any retroactive amount due and owing, and shall forward said amount to the Lodge by the tenth (10th) day of the month following the month in which the deduction is made, subject only to the following:
1. The Lodge has certified to the Employer that the affected officer has been delinquent in his or her obligation for at least 60 days;
2. The Lodge has certified to the Employer that the affected officer has been notified in writing of the obligation and the requirement of each provision of this Article;
3. The Lodge has certified to the Employer that the affected officer has been given a reasonable opportunity to prepare and submit any objections to the payment and has been afforded an opportunity to appear before the Board of Directors of the Lodge or its designee for the purpose of being heard on said objections.
Section 3.4 — Indemnity.
The Lodge shall indemnify and save the Employer harmless against any and all claims, demands, suits or other forms of liability that shall arise out of, or by reason of, action taken by the Employer for the purpose of complying with the above provisions of this Article, or in reliance on any list, notices, certification or assignment furnished under any of such provisions.
ARTICLE 4
MANAGEMENT RIGHTS
The Employer has and will continue to retain the right to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the Employer shall include, but not be limited to, rights:
A. to determine the organization and operations of the Department of Police;
B. to determine and change the purpose, composition and function of each of its constituent departments, and subdivisions;
C. to set standards for the services to be offered to the public;
D. to direct the officers of the Department of Police, including the right to assign work and overtime;
E. to hire, examine, classify, select, promote, restore to career service positions, train, transfer, assign and schedule officers;
F. to increase, reduce or change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work or funds or other proper reasons;
G. to contract out work when essential in the exercise of police power;
H. to establish work schedules and to determine the starting and quitting time, and the number of hours to be worked;
I. to establish, modify, combine or abolish job positions and classifications;
J. to add, delete or alter methods of operation, equipment or facilities;
K. to determine the locations, methods, means, and personnel by which the operations are to be conducted, including the right to determine whether goods or services are to be made, provided or purchased;
L. to establish, implement and maintain an effective internal control program;
M. to suspend, demote, discharge, or take other disciplinary action against officers for just cause; and
N. to add, delete or alter policies, procedures, rules and regulations.
Inherent managerial functions, prerogatives and policymaking rights, whether listed above or not, which the Employer has not expressly restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance and arbitration procedures contained herein, provided that no right is exercised contrary to or inconsistent with other terms of this Agreement.
ARTICLE 5
NO STRIKE
Section 5.1 — No Strike Commitment.
Neither the Lodge nor any officer will call, institute, authorize, participate in, sanction, encourage, or ratify any strike, work stoppage, or other concerted refusal to perform duties by any officer or officer group, or the concerted interference with, in whole or in part, the full, faithful and proper performance of the duties of employment with the Employer. Neither the Lodge nor any officer shall refuse to cross any picket line, by whomever established.
Section 5.2 — Resumption of Operations.
In the event of action prohibited by Section 5.1 above, the Lodge immediately shall disavow such action and request the officers to return to work, and shall use its best efforts to achieve a prompt resumption of normal operations. The Lodge, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements of this Section.
Section 5.3 - Union Liability.
Upon the failure of the Lodge to comply with the provisions of Section 5.2 above, any agent or official of the Lodge who is an officer covered by this Agreement may be subject to the provisions of Section 5.4 below.
Section 5.4 - Discipline of Strikers.
Any officer who violates the provisions of Section 5.1 of this Article shall be subject to immediate discharge. Any action taken by the Employer against any officer who participates in action prohibited by Section 5.1 above shall not be considered as a violation of this Agreement and shall not be subject to the provisions of the grievance procedure; except that the issue whether an officer in fact participated in a prohibited action shall be subject to the grievance and arbitration procedure.
ARTICLE 6
BILL OF RIGHTS
Section 6.1 - Conduct of Disciplinary Investigation.
Whenever an officer covered by this Agreement is the subject of a Disciplinary Investigation other than Summary Punishment, the interrogation will be conducted in the following manner:
A. The interrogation of the officer, other than in the initial stage of the investigation shall be scheduled at a reasonable time, preferably while the officer is on duty, or if feasible, during daylight hours.
B. The interrogation, depending upon the allegation will normally take place at either the officer’s unit of assignment, the Office of Professional Standards, the Internal Affairs Division, or other appropriate location.
C. Prior to an interrogation, the officer under investigation shall be informed of the identity of the person in charge of the investigation, the interrogation officer and the identity of all persons present during the interrogation. When a formal statement is being taken, all questions directed to the officer under interrogation shall be asked by and through one interrogator.
D. Unless the Superintendent of Police specifically authorizes in writing, no complaint or allegation of any misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be made the subject of a Complaint Register investigation or be re-opened or re-investigated after five (5) years from the date the CR # was issued.
No anonymous complaint made against an officer shall be made the subject of a Complaint Register investigation unless the allegation is a violation of the Illinois Criminal Code, the criminal code of another state of the United States or a criminal violation of a federal statute.
No anonymous complaint regarding residency or medical roll abuse shall be made the subject of a Complaint Register investigation until verified. No ramifications will result regarding issues other than residency or medical roll abuse from information discovered during an investigation of an anonymous complaint regarding residency or medical roll abuse, unless of a criminal nature as defined in the preceding paragraph.
E. Immediately prior to the interrogation of an officer under investigation, he or she shall be informed in writing of the nature of the complaint and the names of all complainants.
F. The length of interrogation sessions will be reasonable, with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
G. An officer under interrogation shall not be threatened with transfer, dismissal or disciplinary action or promised a reward as an inducement to provide information relating to the incident under investigation or for exercising any rights contained herein. The Department shall not retaliate in any manner against any officer covered by this Agreement who cooperates in a Department disciplinary investigation.
H. An officer under investigation will be provided with a copy of any statement he/she has made within twenty-four (24) hours of the time the statement was made.
I. If the allegation under investigation indicates a recommendation for separation is probable against the officer, the officer will be given the statutory administrative proceedings rights, or if the allegation indicates criminal prosecution is probable against the officer, the officer will be given the constitutional rights concerning self-incrimination prior to the commencement of interrogation.
J. An officer under interrogation shall have the right to be represented by counsel of his/her own choice and to have that counsel present at all times during the interrogation, and/or at the request of the officer under interrogation, he/she shall have the right to be represented by a representative of the Lodge, who shall be either a police officer on leave to work for the Lodge or a retired police officer working for the Lodge. The interrogation shall be suspended for a reasonable time until representation can be obtained.
K. At the time an officer is given the original copy of the Request for Complaint Review Panel Hearing/Waiver of Complaint Review Panel Hearing and Waiver of Police Board Review, the officer will be informed of the rule(s) violated and the corresponding specifications of misconduct, to include date, time, location and manner in which the rule was violated.
If new allegations of the rule(s) violated and/or the corresponding specifications are thereafter made, a new Request for Complaint Review Panel Hearing/Waiver of Complaint Review Panel Hearing and Waiver of Police Board Review shall be given to the officer at least fifteen (15) days prior to the date of said hearing.
Section 6.2 - Witness Officer's Statements in Disciplinary Investigations.
When an officer covered by this Agreement is required to give a written statement or oral statement in the presence of an observer, as a witness in a disciplinary investigation other than Summary Punishment, or as a witness in a police-related shooting investigation, at the request of the officer the interview shall be conducted in the following manner:
A. The interview of the officer shall be scheduled at a reasonable time, preferably while the officer is on duty, or if feasible, during daylight hours.
B. The interview, depending on the nature of the investigation, will normally take place at either the officer’s unit of assignment, the Office of Professional Standards, the Internal Affairs Division, or other appropriate location.
C. Prior to an interview, the officer being interviewed shall be informed of the identity of the person in charge of the investigation, the interviewing officer, the identity of all persons present during the interview, and the nature of the complaint, including the date, time, location and relevant R.D. number, if known. When a formal statement is being taken, all questions directed to the officer being interviewed shall be asked by and through one interviewer.
D. The officer will be provided with a copy of any statement he/she has made within twenty-four (24) hours of the time the statement was made.
E. An officer being interviewed pursuant to this section shall, upon his/her request, have the right to be represented by counsel of his/her own choice and to have that counsel present at all times during the interview, or at the request of the officer being interviewed, he/she shall have the right to be represented by a representative of the Lodge who shall be either a police officer on leave to work for the Lodge or a retired police officer working for the Lodge. For purposes of this paragraph E, “represented” shall mean that the officer’s counsel and/or representative shall only advise the officer but shall not in any way interfere with the interview. The interview shall be postponed for a reasonable time, but in no case more than forty-eight (48) hours from the time the officer is informed of the request for an interview and the general subject matter thereof and his/her counsel or representative can be present; provided that, in any event, interviews in shooting cases may be postponed for no more than two hours.
F. This Section 6.2 shall not apply to: questions from a supervisor in the course of performing his/her normal day-to-day supervisory duties or to requests to prepare detailed reports or To-From-Subject Reports, except To-From-Subject Reports that relate to the police-related shooting.
G. The length of interviews will be reasonable, with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
Section 6.3 - Non-Adoption of Ordinance.
The City of Chicago shall not adopt any ordinance and the Chicago Police Department shall not adopt any regulation which prohibits the right of an officer to bring suit arising out of his/her duties as an officer.
Section 6.4 - Photo Dissemination.
No photo of an officer under investigation shall be made available to the media prior to a conviction for a criminal offense or prior to a decision being rendered by the Police Board.
Section 6.5 - Compulsion of Testimony.
The Chicago Police Department shall not compel an officer under investigation to speak or testify before, or to be questioned by any nongovernmental agency relating to any matter or issue under investigation.
Section 6.6 - Auto-Residency Card.
No officer shall be required to submit the information now required in an Auto-Residency Card as it applies to any other member of his/her family or household.
Section 6.7 - Polygraph.
No officer shall be disciplined for refusal to take a polygraph exam and the results of the polygraph exam shall not be admissible as evidence in proceedings before the Police Board or in any proceeding where the officer may appeal to the Police Board, unless by Illinois or Federal Court decision or statute, such evidence shall become admissible before the Police Board.
In the event that the results of a polygraph exam become admissible as evidence before the Police Board and the Department determines a polygraph exam is necessary, the complainant will be requested to take a polygraph exam first. If the complainant refuses to take a polygraph exam, the accused police officer will not be requested to take a polygraph exam. If the complainant takes the polygraph exam and the results indicate deception, the accused officer may be requested to take a polygraph exam covering those issues wherein the examiner determines that the complainant is truthful.
When the polygraph is used, the accused member will be advised twenty-four (24) hours prior to the administering of the test, in writing, of any questions to which the Department will request an answer.
Section 6.8 — Disclosure.
An officer shall not be required to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures(including those of any member of his/her family or household) unless such information is reasonably necessary to monitor the performance of the officer’s job, violations of reasonable Employer rules, statutes, ordinances, or this Agreement. In the administration of fringe benefits applicable to all employees of the Employer, officers covered by this Agreement may be required to disclose any coverage they (including any member of their families or households) may have under health or medical insurance and the name and appropriate identification of the carrier and coverage. The parties agree that the disclosure of such personal information shall not be made available for public inspection or copying because such would be an unwarranted invasion of personal privacy of the officer, and/or is intended to otherwise be exempt from any state or local freedom of information statute, ordinance or executive order.
Section 6.9 - Media Information Restrictions.
The identity of an officer under investigation shall not be made available to the media unless there has been a criminal conviction or a decision has been rendered by the Police Board (or by the Superintendent or Complaint Review Panel where no appeal is taken to the Police Board). However, if the officer is found innocent, the officer may request and the Department shall issue a public statement.
Section 6.10 — Discipline Screening Program
The Discipline Screening Program shall be available to officers covered by this Agreement who, as a result of a sustained Complaint Register investigation, receive a recommendation for discipline of fifteen (15) days or less. The Rules of Procedure for the Discipline Screening Program are set forth in Appendix Q of this Agreement.
ARTICLE 7
SUMMARY PUNISHMENT
Section 7.1— Administration of Summary Punishment.
It is agreed that the provisions contained elsewhere in this Agreement shall not apply to Summary Punishment action, which action shall be considered as an alternative to formal disciplinary procedures, provided that in each such action the following shall apply:
A. The Summary Punishment which may be administered conforms to the “Notice To Supervisors Regarding Progressive Discipline,” as set forth in this Agreement, and is limited to:
1. reprimand;
2. excusing a member for a minimum of one day to a maximum of three days without pay.
In lieu of days off without pay, an officer shall be permitted to utilize accumulated elective time to satisfy the Summary Punishment.
B. The Department shall promulgate, maintain and publicize reasonable guidelines which will specify those acts, omissions or transgressions, the violation of which will subject an officer to summary punishment action, and the penalties for each such violation, which shall be uniformly applied.
C. Summary Punishment action may be challenged before the Complaint Review Panel, and the affected officer may be represented by an FOP representative.
Section 7.2 - Challenge of Summary Punishment.
After Summary Punishment has been administered three (3) times within a twelve (12) month period, an officer who wishes to contest the application of Summary Punishment on a fourth occasion within the last twelve (12) months may contest the fourth and/or succeeding applications of Summary Punishment by timely challenge through the Complaint Register process or the grievance procedure. An officer who initiates such action through the Complaint Register process shall have the right to be represented by an FOP representative at the Complaint Review panel.
ARTICLE 8
EMPLOYEE SECURITY
Section 8.1 - Just Cause Standard.
No officer covered by this Agreement shall be suspended, relieved from duty or otherwise disciplined in any manner without just cause.
Section 8.2 - File Inspection.
The Employer’s personnel files, disciplinary history files and completed inactive investigative files, except for information which the Employer deems to be confidential, shall be open and available for inspection by the affected officer during regular business hours.
Section 8.3 - Limitation on Use of File Material.
It is agreed that any material and/or matter not available for inspection, such as provided in Section 8.2 above, shall not be used in any manner or any forum adverse to the officer’s interests.
Section 8.4 — Use and Destruction of File Material.
All Disciplinary Investigation files, Disciplinary History Card Entries, OPS and IAD disciplinary records, and any other disciplinary record or summary of such record other than Police Board cases, will be destroyed five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, except that not sustained files alleging criminal conduct or excessive force shall be retained for a period of seven (7) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, and thereafter, cannot be used against the officer in any future proceedings in any other forum, except as specified below, unless the investigation relates to a matter which has been subject to either civil or criminal court litigation or arbitration prior to the expiration of the five-year period. In such instances, the Complaint Register case files normally will be destroyed immediately after the date of the final arbitration award or the final court adjudication, unless a pattern of sustained infractions exists.
Any information of an adverse employment nature which may be contained in any unfounded, exonerated, or otherwise not sustained file, shall not be used against the officer in any future proceedings. Information contained in files alleging excessive force or criminal conduct which are not sustained may be used in future disciplinary proceedings to determine credibility and notice.
A finding of “Sustained – Violation Noted, No Disciplinary Action” entered upon a member’s disciplinary record or any record of Summary Punishment may be used for a period of time not to exceed one (1) year and shall thereafter be removed from the officer’s disciplinary record and not used to support or as evidence of adverse employment action. The Department’s finding of “Sustained – Violation Noted, No Disciplinary Action” is not subject to the grievance procedure.
Information relating to a preventable traffic accident involving a Department Vehicle may be used and/or considered in determining future discipline for a period of time not to exceed two (2) years from the date of such preventable traffic accident and shall thereafter not be used and/or considered in any employment action provided there is no intervening preventable traffic accident involving a Department Vehicle and if there is, the two-year period shall continue to run from the date of the most recent preventable traffic accident and any prior incidents may be used and/or considered in employment actions. In no event shall any prior incident five (5) or more years old be used and/or considered.
Section 8.5 — CRP Limitation and Representation.
A Complaint Review Panel (CRP) hearing shall be available to officers covered by this Agreement who, as a result of a sustained Complaint Register investigation receive a recommendation for discipline of fifteen (15) days or less. The CRP is not available in the case of a sustained Complaint Register investigation where the recommended finding is a suspension for sixteen (16) days up to and including thirty (30) days. An officer covered by this Agreement who receives such a recommendation for suspension shall have the option of filing a written report within fourteen (14) working days directly to the Superintendent in order to contest the finding, the recommendation for suspension, or to offer new evidence for the Superintendent’s consideration.
An accused officer appearing before the Complaint Review Panel shall, upon request by said officer, be represented by a representative of the Lodge. The representative may make inquiry on relevant and material issues on behalf of the accused and may present argument and inquire in support of the accused officer’s position, all of which shall at all times be in accordance with the Rules of Procedure for such hearings set forth in Appendix L of this Agreement.
Section 8.6 — Notification.
In the event the Employer receives subpoena or other legal process requiring the inspection, tender or submission of personnel, disciplinary or investigative records and/or files (other than Grand Jury subpoena or other subpoena or process which would preclude disclosure), the Employer will promptly send a copy of such subpoena or process to the officer whose records have been requested and to the Lodge. However, failure to furnish such notice shall not in any way affect the validity of any disciplinary action or personnel action taken by the Employer, provided that the Lodge will not be barred from asserting and does not waive any right(s) an officer may have to inspect or to otherwise challenge the use of files under applicable rules, statutes or this Agreement including Article 8.
Section 8.7 — Detectives, Investigators, Gang Crime Specialists, Evidence Technicians, Police Laboratory Technicians, Forensic Investigators and Field Training Officers.
The Employer agrees not to remove officers in the positions of Detective, Investigator, (formerly known as Youth Officer), or Gang Crime Specialist except for just cause.
During this Agreement, the Employer agrees that the ranks of Detective, Investigator, Gang Crime Specialist, Evidence Technician, Police Laboratory Technician, Forensic Investigator and Field Training Officer will not be eliminated from the budget.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 — Definition and Scope.
A grievance is defined as a dispute or difference between the parties to this Agreement concerning interpretation and/or application of this Agreement or its provisions. Summary Punishment shall be excluded from this procedure, except as provided in Article 7.2. The separation of an officer from service is cognizable only before the Police Board and shall not be cognizable under this procedure, provided, however, that the provisions of Article 17 shall be applicable to separations.
Section 9.2 - Procedures, Steps and Time Limits for Standard Grievances
A grievance may be initiated by the Lodge or an aggrieved officer. Any officer shall have the right to present a grievance at any time, although it is understood that the officer should attempt to satisfy his/her concerns on an informal basis before invoking the procedure. In the event an informal resolution proves to be unsatisfactory, a grievance may be filed in a form to be agreed upon between the Lodge and Employer and shall be processed in accordance with this Agreement. Upon request, the grievant shall be represented by an appropriate Lodge representative, provided, however, the grievant officer may have the grievance adjusted without a Lodge representative, so long as such adjustment is not inconsistent with the provisions of this Agreement.
Step One: Initiating a Grievance. The grievant will first submit his/her grievance in writing to his/her immediate supervisor in his/her unit of assignment within seven (7) of the officer’s working days following the events or circumstances giving rise to the grievance or where first known by the grievant, or thirty-five (35) days, whichever period is shorter. The grievance will be reduced to writing on a pre-printed, standard grievance form set agreed upon between the Lodge and Employer.
Step Two: Supervisory Responses. Within seven (7) days of receipt of the member’s grievance, the supervisor will respond to the grievance on the grievance form set and then immediately present the grievance form set to the Commanding Officer of the unit of assignment. Following the submission of the written grievance, the Commanding Officer shall render a decision in writing within fourteen (14) days of receiving the grievance. The response shall be written on the bottom portion of the pre-printed, standard grievance form set. The Commanding Officer must forward one (1) copy of his/her decision to the grievant, one (1) copy to the Lodge’s unit representative, and three (3) copies to Management and Labor Affairs Section (MLAS). MLAS will then forward to the Lodge a copy of the Commanding Officer’s decision within fourteen (14) days of its receipt. If the grievant is directed by the Employer to meet concerning his/her grievance at a time when the officer is not scheduled to work, he/she shall be compensated for such time at the applicable rate provided for in this Agreement, including the provisions of Article 20.
Step Three: Mediation. If the response at Step Two is not satisfactory to the grievant and the Lodge, the Lodge and MLAS will meet for the purpose of mediation of the grievance. Either party may request the presence of a Mediator at such meeting, the selection of whom shall be mutually agreed upon. The mediation meeting shall be conducted no less than once each month between the Lodge Grievance Chairman, Lodge President or his/her designee and a Department representative having authority to resolve the grievance. The parties shall split evenly the cost of the Mediator’s expenses and fees.
Step Four: Arbitration. If the parties cannot resolve the grievance at Step Three, either party may at any time demand arbitration.
Section 9.3 — Arbitration of Standard Grievances.
If either party proceeds to arbitration, the following procedure shall apply:
A. Within ten (10) days, the Employer and the Lodge shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven (7) qualified neutrals shall be requested from the American Arbitration Association. Within five (5) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and Lodge each shall alternately strike names from the list. The remaining person shall be the Arbitrator.
B. The Employer or the Lodge, by mutual agreement, may submit the matter to expedited arbitration under rules to be determined by the parties. Discipline cases may be processed under Expedited Arbitration Rules agreed upon by the parties and subject to the jurisdictional and procedural limitations of the parties’ Expedited Arbitration Rules.
Whenever discipline cases are processed pursuant to the parties’ Expedited Arbitration Rules, the parties shall submit the cases to a screening process, known as the Summary Opinion Process, and the Arbitrator designated by the parties for the process shall issue a Summary Opinion. This report shall be submitted to the parties and reviewed by them each month. The parties shall meet and discuss the recommendations contained in the Summary Opinion for a minimum of two days each month. In the event the cases are not resolved based upon discussions of the parties, the Arbitrator’s summary recommendations will not be binding upon the parties. Any cases not resolved by the Summary Opinion Process shall be submitted to arbitration under the parties’ Expedited Arbitration Rules. The Arbitrator shall issue a minimum of ten (10) Summary Opinions each month.
In all discipline cases, Department Complaint Register files shall be provided to the Lodge promptly after request by the Lodge, or Lodge representatives who are sworn members of the Department shall be allowed to use Department copying equipment to copy the requested Complaint Register files, with appropriate supervision.
C. The parties shall develop a roster of 12 arbitrators who shall commit to pre-schedule hearing dates on a regular basis. From this roster the parties shall schedule a minimum of six (6) cases to be heard in expedited arbitration. The parties shall have the option in any month to decrease the number of cases to be heard that month in expedited arbitration and refer the remainder of cases to the Summary Opinion Process, but only upon mutual agreement to exercise this option. The total number of cases to be heard in either expedited arbitration or the Summary Opinion Process shall be a minimum of twenty-five (25) cases per month. The parties shall make every effort (including the substitution of cases in the event of settlement or inability to try a case when scheduled) to insure that such dates are not cancelled.
The parties shall avoid continuances. Requests for continuances are disfavored and shall be granted only upon showing good cause.
MEDICAL GRIEVANCES
Section 9.4 - Psychological Review.
Grievances concerning involuntary removal from active duty due to psychological or psychiatric reasons will comply with the following procedures:
Step One: An officer who wants to challenge the Employer’s decision to place him/her involuntarily on the medical roll will file a grievance with the Medical Services Section within ten (10) calendar days of being placed on the medical roll, or if the member was on full authorized furlough during his/her involuntary placement, within thirty-five (35) calendar days of being placed on the medical roll.
If the Employer’s psychiatrist/psychologist recommends that the officer is fit for full duty and also was fit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric reasons, the officer shall have any paid medical time used during such period of being involuntarily placed on the medical roll restored and will be made whole for lost pay and other benefits to which he/she is entitled.
Step Two: For a member who has filed a timely grievance at Step One, and/or when the Employer’s psychiatrist/psychologist recommends that the officer is unfit for full duty and was also unfit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric reasons, then upon written request made by the Lodge within ten (10) calendar days of notice to the member that he/she is unfit for duty, the Lodge may file a grievance at Step Two and may request review of that decision by a three-member psychological review panel. The officer shall, as promptly as feasible, be evaluated by a panel of three psychiatrists or psychologists, one appointed by the Lodge, one appointed by the Employer and a third appointed by mutual agreement of the Employer’s and the Lodge’s psychiatrist or psychologist knowledgeable about police duties. This panel shall have the authority to examine and evaluate the officer, and recommend whether or not the officer is fit for duty. In making its recommendations, the primary considerations of the panel shall be the protection and safety of, and need for effective service to, the public. These considerations shall prevail over all others in any case of conflict of interests between the officer and the Employer.
If the panel recommends that the officer is fit for duty, and was also fit when he/she was placed involuntarily on the medical roll due to psychological or psychiatric reasons, then the officer shall have any paid medical time used during such involuntary period on the medical roll restored, and will be made whole for lost pay and other benefits to which he/she is entitled.
If the panel determines that the member was unfit for duty at the time he/she was involuntarily placed on the medical roll, but became fit for duty sometime thereafter, the panel shall identify the point at which the member was fit for duty and the member will be made whole for lost pay and benefits from the date that the panel determined he/she was fit for duty.
Each party shall bear the full cost of the panel member appointed by it, with the cost of the mutually-appointed panel member to be split equally between the parties. The recommendations of the panel shall be binding upon the Employer, the Lodge and the officer.
The Lodge and the Employer acknowledge that procedural disputes which prevent the Psychological Review Panel from going forward with the review process set forth above may arise. The Lodge and the Employer acknowledge that it is in the best interests of all persons involved in the Psychological Review process to have these procedural disputes resolved as promptly and as fairly as possible. Once such a procedural dispute arises, the parties will have seven (7) working days to resolve the dispute. If they cannot resolve the dispute, either party may initiate the Summary Arbitration Process if the dispute involves the timeliness of the grievance or the period of time which the review panel is to consider when determining when the officer became fit. Any other procedural dispute may be submitted to the Summary Arbitration process only by mutual agreement of the parties. The Lodge and the Employer will maintain a group of three (3) arbitrators for the Summary Arbitration Process. One arbitrator will be selected from this group to decide the dispute. The parties will share equally the cost of the arbitrator. At the earliest possible time, representatives of the Lodge and the Employer will appear before the arbitrator. Either party may call witnesses, provided notice is given to the other party before the hearing date is selected. No written briefs will be permitted. No court reporter will be allowed. The arbitrator will issue a decision within ten (10) working days following the hearing. The decision of the arbitrator will be binding on the Lodge, the Employer, and the members of the review panel. The decision will not set a binding precedent on subsequent procedural disputes.
Section 9.5 — Medical Grievances.
Grievances concerning medical issues (excluding issues covered under Section 9.4) shall follow the procedure below. Medical issues are defined as grievances involving medical issues, including but not limited to the nonpayment of I.O.D. bills; removal of an officer from duty for medical reasons; refusal to return an officer to duty from medical roll; classification of an injury as non-I.O.D. and the Benefits Management Office’s denial of payment of medical and hospital bills of an officer or his/her covered dependent under the Employer’s self-funded health care plan.
Step One: Initiating a Medical Grievance. Grievances concerning the Benefits Management Office’s denial of payment of medical and hospital bills will be filed with the Management and Labor Affairs Section within ten (10) working days following the events or circumstances giving rise to the grievance or where first known by the grievant, but in no event later than thirty-five (35) calendar days following the events or circumstances giving rise to the grievance.
All other grievances concerning medical issues will be filed with the Medical Services Section within ten (10) working days following the events or circumstances giving rise to the grievance or where first known by the grievant, but in no event later than thirty-five (35) calendar days following the events or circumstances giving rise to the grievance. If the determination at Step One is not satisfactory, the Lodge may by written request made within fifteen (15) days of the Step One response, or the expiration of the period for said response submit the matter for mediation.
Step Two: Mediation of Medical Grievances. At mediation, representatives of the Lodge, the Police Department, the Benefits Management Office and the Finance Committee of the City Council, shall participate, as needed. Any settlements reached in the mediation proceedings shall be binding upon the parties. Medical mediation sessions shall occur each thirty (30) days. The parties shall split evenly the cost of the Mediator’s fees and expenses.
The grievant shall be provided with the relevant medical records within the possession of the Medical Section, the Committee on Finance, Benefits Management Office and Management & Labor Affairs Section. A release shall be required for production of medical records. The relevant medical records shall include the Medical Services Section’s determination of the grievant’s status and the response to the grievance. The above records shall be submitted to the Lodge by the Department within forty-five (45) days of the Department’s receipt of the Lodge’s releases and mediation agenda, setting forth the grievants’ names. Relevant records from the Medical Section, the Committee on Finance, the Benefits Management Office and Management and Labor Affairs Section shall be provided as stated above and throughout the grievance process until the grievance is fully resolved.
Relevant documents to be produced by the Benefits Management Office in mediation are limited to medical records, claim forms, medical bills, explanation of benefits, and recommendation to and decision of the Benefits Committee regarding the claim. This definition of relevant records to be produced by the Benefits Management Office does not preclude the Lodge from subpoenaing additional relevant documentation in response to the scheduling of an arbitration of a grievance.
Step Three: Arbitration. If the grievance is not resolved at Step Two, the Lodge upon written request within thirty (30) days of the date of mediation, may demand arbitration. The Mediator shall not be selected as the Arbitrator for the same case. The arbitration hearing shall be scheduled to commence within thirty (30) days of the selection of the Arbitrator unless the parties agree otherwise. Within ten (10) days of the Lodge’s demand for arbitration, the Employer and Lodge shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven qualified neutrals shall be requested from the American Arbitration Association. Within five (5) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and the Lodge shall alternately strike names from the list. The remaining person shall be the Arbitrator.
Section 9.6 - Authority of the Arbitrator.
A. Except as specified in Subsection B below, the Arbitrator shall have no right to amend, modify, nullify, disregard, add to, or subtract from the provisions of this Agreement. The Arbitrator shall only consider and make a decision with respect to the specific issue or issues presented to the Arbitrator and shall have no authority to make a decision on any other issues not so submitted. The Arbitrator shall submit in writing his/her decision to the Employer and to the Lodge within thirty (30) days following the close of hearing unless the parties agree to an extension thereof. The decision shall be based upon the Arbitrator’s interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented, and shall be final and binding upon the parties.
B. Any officer who is a member of and adheres to the established and traditional tenets or teachings of a bona fide religion, body or sect which has historically held conscientious objections to financially supporting organizations such as the Lodge, upon proof thereof, may be excused from the obligations set forth in Section 3.1 Article 3; and the Arbitrator may require, in lieu of such obligations, the payment by such officer of a sum equal to the fair share agency fee to a non religious charitable fund exempt from taxation under Section 501(c)(3) of Title 26 chosen by such officer from a list of at least three such funds to be submitted by the Lodge. The Employer shall not participate in but shall be bound by such an arbitration.
1. If an officer who holds conscientious objections pursuant to this section requests the Lodge to use the grievance-arbitration procedure on the officer’s behalf, the Lodge may charge the officer the reasonable costs of using the procedure.
Section 9.7 - Expense of the Arbitrator.
The fee and expenses of the Arbitrator shall be borne by the party whose position is not sustained by the Arbitrator. The Arbitrator in the event of a decision not wholly sustaining the position of either party, shall determine the appropriate allocation of his/her fees and expenses. Each party shall be responsible for compensating its own representative(s) and witness(es). The cost of a transcript, where requested by either party, shall be paid by the party so requesting it.
The party requesting a cancellation, rescheduling or other postponement of a set hearing date shall pay the Arbitrator’s cancellation fee.
Section 9.8 — Processing and Time Limits.
The resolution of a grievance satisfactory to the Lodge at any step shall be deemed a final settlement, and any grievance not initiated or taken to the next step within the time limit specified herein will be considered settled on the basis of the last answer by management. The time limits specified in this Article may be extended or waived by mutual agreement. Grievances may be initiated at any appropriate step corresponding with the nature of the grievance and the manner in which it arose.
Section 9.9 — Normal Operation.
Grievance meetings shall be scheduled at reasonable times and in a manner which does not unreasonably interfere with the Employer’s operations. Reasonable duty time shall be allowed the grievant officer(s) and the watch representative or unit representative under this Article, for the pre-arbitral steps under Section 9.2.
Section 9.10— Exhaustion.
It is the intent of the parties to this Agreement that the procedures set forth in this Article shall be mandatory as to any grievance unless expressly and specifically excluded by the terms of this Agreement.
ARTICLE 10
NON-DISCRIMINATION
Section 10.1 - Equal Employment Opportunity.
The Employer will continue to provide equal employment opportunity for all officers, and develop and apply equal employment practices.
Section 10.2 — Non-Discrimination.
In the application of the terms and conditions of this Agreement, the Employer shall not discriminate against officers, and employment-related decisions will be based on qualifications and predicted performance in a given position without regard to race, color, sex, religion, age (40-63), sexual orientation, or national origin of the officer nor shall the Employer discriminate against officers as a result of membership in the Lodge. in this Agreement shall be deemed to preclude the mandatory retirement of any officer upon or after the attainment of age 63. Officers shall not be transferred, assigned or reassigned for reasons prohibited by this Section 10.2.
Section 10.3 - Political Activity or Campaigning.
The Employer shall not prohibit a police officer from, or discriminate against, his/her engaging in political activities or campaigning while off duty, provided that the officer does not:
A. wear a uniform or any part thereof which would identify the individual as a police officer, or use property (including documents or records) of the Chicago Police Department:
B. display or otherwise lead others to believe he/she is carrying a badge, baton or gun;
C. hold himself/herself out as a police officer, except that a truthful response to a legitimate question shall not be a violation of this section;
D. engage in such activities in a District(s) where he/she is assigned unless the officer lives in the District except that the Employer shall not transfer an officer into a District for the purpose of preventing him/her from engaging in such activities.
An officer who runs for political office may, but need not, take a leave of absence; provided that if the officer does not choose to take a leave of absence, he/she shall first fully exhaust all accumulated paid time off and any time off thereafter shall be subject to meeting the operational needs of the Police Department.
Section 10.4 - Religious Holiday Accommodation.
The obligation to accommodate the religious beliefs of officers covered by the Agreement is fulfilled if those officers whose religious beliefs require that they not work but who are scheduled to work on a recognized religious holiday are permitted at the officer’s option one of the following choices in order to be excused from their regular tour of duty: (a) the use of a personal day; (b) the use of compensatory time; (c) voluntary change of regular day off (as permitted in Section 20.3 of the Agreement); or (d) excused from duty non-disciplinary (Code 89). This option may be applied for certain recognized religious holidays of faiths whose tenets require abstinence from work subject to the determination of the Commanding Officer that this accommodation does not unduly interfere with operational needs.
Section 10.5 - Americans with Disabilities Act.
In the event the Employer shall be required to make reasonable accommodation under the Americans with Disabilities Act to the disability of an applicant or incumbent officer that may be in conflict with the right of an officer under this Agreement, the Employer shall bring this matter to the attention of the Lodge. In the event the parties cannot reach an agreement on such accommodation, the provisions of Article 9 shall be available and the Arbitrator shall consider the Employer’s and the Lodge’s (if any exists) obligations under the Americans with Disabilities Act and this Agreement, provided that no officer shall be displaced by such decision.
ARTICLE 11
HOLIDAYS
Section 11.1 — Designated Holiday.
The Employer agrees that the following days shall be considered holidays:
New Year’s Day 1 January
M. L. King Birthday 3rd Monday in January
Lincoln’s Birthday 12 February
Washington’s Birthday 3rd Monday in February
Pulaski Day 1st Monday in March
Community/Police Partnership Day 29 April
Memorial Day Last Monday in May
Independence Day 4 July
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran’s Day 11 November
Thanksgiving Day 4th Thurs. in November
Christmas Day 25 December
Section 11.2 — Compensation for Holidays.
Compensation for the holidays listed in Section 11.1 is granted as follows:
A. Employees who are required to work a regular tour of duty (eight hours) on a holiday will be credited with eight (8) hours of compensatory time and four (4) hours of compensatory time or additional pay, as the officer elects.
B. Employees whose regular day-off coincides with an established holiday will be credited with eight (8) hours of compensatory time.
C. Employees whose regular day off coincides with an established holiday, and who are required to work a regular tour of duty (eight hours) on that holiday, will be credited with twenty (20) hours of compensatory time and four (4) hours of compensatory time or additional pay, as the officer elects.
In the event that an officer covered by this Agreement is required to attend court on his/her regular day off and that day is also a holiday, the officer will be compensated at the rate of double-time for the minimum set forth in 20.5 or double-time for the actual hours worked, whichever is greater, plus eight (8) hours of compensatory time or additional pay, as the officer elects.
D. All hours in excess of a regular tour of duty on a holiday will be compensated in accordance with the provisions of Article 20, Hours and Overtime.
E. Compensatory time will not be credited to an employee on a holiday if he/she is on the medical roll (excluding I.O.D.), absent due to sickness, or death in family, on military leave, suspended, excused non-disciplinary, or on a leave of absence.
Section 11.3 - Personal Day.
For each calendar year, officers shall be entitled to receive, in addition to the days specified in Section 11.1, four (4) personal days. Officers shall not be required to work on a personal day provided that written notice of the personal day is given to the appropriate supervisor no later than ten (10) days prior to the personal day and that the granting of the personal day does not adversely affect Department operations. A holiday specified in Section 11.1 may not be selected as a personal day. Officers covered by this Agreement may elect to be paid for all unused personal days each year in lieu of taking the time off. Where officers elect such payment, the payment shall be made by April 1 of the following year. Officers may carry over up to four (4) unused personal days for use in the following year. Any dispute within a unit as to the selection of a personal day shall be resolved by seniority as defined in Section 23.5.
Section 11.4 - Special Compensation Time
If, as a result of a declaration by the Mayor, all employees of the City of Chicago except for police and fire department employees are given a day off or portion thereof with pay, then all officers who are required to work during such excused time shall be given compensatory time off at straight time rate equivalent to the hours worked during such excused time.
Section 11.5 - Holiday Declaration.
To the extent that any additional holiday is declared by federal, state or municipal authority during the term of this Agreement, and such holiday is granted to any employee of the Employer, then said holiday shall be added and incorporated into Section 11.1 above and compensated for as provided in Section 11.2 above.
ARTICLE 12
PROMOTIONS
For positions within the bargaining unit for which there is an appointment, selection and promotion process, the Employer will provide the Lodge with copies of any department level directives announcing an appointment and selection process, if any are issued, prior to the time the process is initiated. The Employer will provide the Lodge with the names of officers appointed to those positions. At the Lodge’s request, the Employer will provide the Lodge with material regarding the selection and appointment process.
Effective for BIS D2A examinations that are announced and administered after the ratification of this Agreement which include a written qualifying test, each applicant who takes the written qualifying test shall be given a copy of his/her answer sheet prior to the departure from the test site. Applicants will be allowed to review a copy of the written qualifying test and to challenge items on that test, in writing, during an announced challenge period.
After the BIS D2A selection process is complete and the promotional list has been finalized, the City shall provide the Lodge with a copy of the list, a copy of the written qualifying test and the correct answer key.
The Employer will announce BIS D2A examinations sixty (60) days before the examination is administered, whenever possible
ARTICLE 13
LAYOFFS – RE-EMPLOYMENT
Section 13.1 - Notice of Layoffs.
When there is an impending layoff with respect to any officers in the bargaining unit, the Employer shall inform the Lodge in writing no later than thirty (30)days prior to such layoff. The Employer will provide the Lodge the names of all officers to be laid off prior to the layoff. Probationary officers shall be laid off first, then officers shall be laid off in accordance with their seniority. The officers with the least amount of seniority in the Police Department shall be laid off first, unless special qualifications dictate retention. All officers shall receive notice in writing of the layoff at least thirty (30) days in advance of the effective date of such layoffs.
Section 13.2 — Hiring During Layoffs.
No employees may be hired to perform or permitted to perform those duties normally performed by an officer while any officer is in layoff status. In the event special qualifications requiring expert skills of a technical or professional nature are unavailable in the bargaining unit, but essential to the operation of the Department, the parties shall meet to resolve such issue. If a mutual resolution is not reached, the Employer may invoke the grievance procedure.
Section 13.3 - Recall.
Any officer who has been laid off shall be placed on the appropriate reinstatement list and shall be recalled on the basis of seniority in the Police Department, as provided in this Agreement prior to any new officers being hired.
ARTICLE 14
BULLETIN BOARDS
The Employer shall provide the Lodge with designated space on available bulletin boards, or provide bulletin boards on a reasonable basis, where none are available, upon which the Lodge may post its notices.
ARTICLE 15
SAFETY ISSUES
Section 15.1 — Cooperation.
The Employer and the Lodge agree to cooperate to the fullest extent reasonably possible to promote the use of safe equipment and facilities.
Section 15.2 - Safety Committee.
Up to a maximum of five (5) officers designated by the Lodge and five (5) persons designated by the Employer shall comprise a Safety Committee for the purpose of discussing and investigating safety and health issues relating to officers and to recommend reasonable safety and health criteria relating to equipment and facilities. The Committee shall meet at least once each calendar quarter or more frequently by mutual agreement. Formal recommendations of the Committee shall be submitted in writing to the Superintendent of Police with a copy to the Lodge, but such recommendations shall not be binding upon the Employer or the Lodge. In addition to Committee recommendations, the Lodge may submit additional written recommendations to the Superintendent.
For purposes of this section, the term “investigating” shall be limited to the right of the Lodge Committee members to obtain information upon request and observe conditions regarding identified safety and health hazards and to discuss such matters with officers and members of management provided such discussions do not unduly interfere with the performance of duty by any officer or Committee member.
In the event the Employer agrees in writing to adopt the recommendation of the Committee or the Lodge, the recommendation shall be implemented within a reasonable period of time, unless the failure to implement in a timely fashion was beyond the reasonable control of the Employer. However, no monetary relief shall result from the failure to implement any such recommendation.
If the Superintendent disagrees with the recommendation of the Committee or the Lodge, he/she shall so notify the Committee or the Lodge in writing. Within ten (10) calendar days of such notice, the Lodge may request arbitration of any such dispute if such dispute raises a good faith issue regarding the use of equipment or materials which are alleged to present a serious risk to the health or safety of an officer beyond that which is inherent in the normal performance of police duties. The decision of the Arbitrator under this section shall be advisory only and shall not be binding upon the Employer; provided that this procedure shall not be exclusive and shall not affect the right of an officer or the Lodge to invoke Article 9, where otherwise appropriate. No such advisory opinion shall constitute a determination of the existence of any safety or health hazard under this Agreement, nor shall any such advisory opinion be introduced in any proceeding under Article 9 of this Agreement.
Section 15.3 - Disabling Defects.
No employee shall be required to use any equipment that has been designated by both the Lodge and the Employer as being defective because of a disabling condition unless the disabling condition has been corrected. When an assigned department vehicle is found to have a disabling defect or is in violation of the law, the police officer will notify his/her supervisor, complete required reports, and follow the supervisor’s direction relative to requesting repair, replacement or the continued operation of said vehicle.
Section 15.4 — Notice.
The Employer shall post in conspicuous places where notices to officers are customarily posted, all safety and health notices required by law.
ARTICLE 16
SECONDARY EMPLOYMENT AND SPECIAL EMPLOYMENT
Section 16.1 — Secondary Employment.
The Employer reserves the right to restrict secondary employment when it has reasonable cause to believe that the number of hours which the officer spends on secondary employment is adversely affecting his/her performance as a police officer. The Employer retains the existing right to limit, restrict or prohibit the nature or type of secondary employment that an officer undertakes.
Section 16.2 — Special Employment.
The special employment program is a voluntary program which allows officers covered by this Agreement to work on their off days for the Chicago Housing Authority or the Chicago Transit Authority. Participation in this program is subject to the provisions listed below.
Nothing in this Agreement affects the ability of the command and supervisory personnel assigned to the Special Functions Group to disqualify officers for future assignments based on their performance while working the special employment program.
A. An officer serving suspension, serving summary punishment, on the medical roll or on limited duty is prohibited from participating in the program
B. An officer must maintain a performance rating of 76 or better to be considered for the program.
C. An officer with three (3) sustained Complaint Register Numbers and/or SPARs within a six (6) month period will not be considered for the program.
D. An officer with five (5) or more days on the medical roll (not including I.O.D.) in a police period will not be allowed to work special employment for the remainder of the police period.
E. An officer will not be considered for the special employment program if the Employer has just cause to suspend the officer from the special employment program.
If the discipline that formed the basis for the disqualification is subsequently overturned by an arbitrator, the grievant will be entitled to the compensation the grievant would have earned had the grievant been otherwise qualified to participate in the program. This reimbursement applies only to officers who participate in the special employment program.
ARTICLE 17
FOP REPRESENTATIVES
For the purposes of administering and enforcing the provisions of this Agreement, the Employer agrees as follows:
Section 17.1 - Meeting Participation and Scheduling.
The Employer recognizes and agrees to meet with FOP representatives, including Watch and Unit representatives relating to matters covered by this Agreement. Meetings shall occur at reasonable times by mutual agreement. The names of designated representatives shall be certified to the Employer in writing by the Lodge.
Section 17.2 — Leave from Duty.
In addition to the Lodge President, six (6) officers covered by this Agreement shall, upon written request, be granted leave from their duties for the Employer for the purpose of performing full time duties for the Lodge. During such a leave, the Employer will continue to pay said officers all salary and maintain all benefits, including pension contributions and seniority accruals, as if the officers were on full duty with the Employer, provided that, effective 07-01-01, the Lodge reimburses the Employer an amount equal to the salary and benefits and provided that the Employer shall remain responsible for its portion of the pension contribution. The duration of such a leave shall not exceed three (3) years, but shall be renewable in the same duration. Such leaves may be revoked only by written notice to the Employer from the President of the Lodge. Up to two (2) additional officers covered by this Agreement who shall be elected to a State Lodge and/or the National Office of the Fraternal Order of Police shall, upon written request, be granted leave from duties for the Employer under the same terms and conditions previously set out in this Section.
Section 17.3 — Attendance at Lodge Meetings.
Subject to the need for orderly scheduling and emergencies, the Employer agrees that elected officials and members of the Board of Directors of the Lodge shall be permitted reasonable time off, without loss of pay, to attend general, board or special meetings of the Lodge, provided that at least forty-eight (48) hours notice of such meetings shall be given in writing to the Employer, and provided further that the names of all such officials and officers shall be certified in writing to the Employer. Unit representatives shall also be included within the provisions of the preceding sentence, provided that such time off for such Unit representatives shall be without pay, unless the Unit representative has compensatory time available and elects to use it.
Section 17.4 — Grievance Processing.
Reasonable time while on duty shall be permitted Lodge representatives for the purpose of aiding or assisting or otherwise representing officers 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.
Section 17.5 - Attendance at State and National Conferences.
A. Subject to staffing needs, a reasonable number of appointed or elected delegates will be permitted to attend state and national conferences of the FOP. Such conference time shall be equal to the duration of the conference plus reasonable travel time to and from such conference.
B. A maximum of twenty-two (22) members of the FOP Board of Directors will be permitted to attend state and national conventions of the FOP with pay. Such convention time shall be equal to the duration of the convention plus reasonable travel time to and from such convention, up to a maximum of seven (7) days every two (2) years.
Section 17.6 — Lodge Negotiating Team.
Members designated as being on the Lodge negotiating team who are scheduled to work on a day on which negotiations will occur, shall, for the purpose of attending scheduled negotiations, be excused from their regular duties without loss of pay. If a designated Lodge negotiating team member is in regular day-off status on the day of negotiations, he/she will not be compensated for attending the session.
Section 17.7 - Lodge Activity.