How to use the Tracker:
1) Sign up or sign in to Genius (creating an account takes a minute or less).
2) Highlight any text on the #FOPtracker to add your own annotations—no download required.
3) Click on the yellow highlighted text to see annotations based on media reports, legal precedents, interviews, research studies and analysis from City Bureau Documenters.
Table of Contents
SALARY SCHEDULE FOR OFFICERS ON STEP 11 PRIOR TO JANUARY 1, 2006
Officers on Step 11 prior to January 1, 2006 will remain on "Step 11" until they leave the Department (i.e., retire, quit, die or are discharged). Officers on Step 11 prior to January 1, 2006 shall receive a two percent (2%) wage increase effective July 1, 2012, a two percent (2%) wage increase effective January 1, 2013, a two percent (2%) wage increase effective January 1, 2014, a one percent (1%) wage increase effective January 1, 2015, a one percent (1%) wage increase effective January 1, 2016, a two percent (2%) wage increase effective July 1, 2016, and a one percent (1%) wage increase effective January 1, 2017 (and any base wage increases which may be subsequently negotiated) as follows:
Schedule For Officers on Step 11 Prior to 1 JAN 2006
No additional officers will enter onto Step 11 after December 31, 2005. Officers who are not on Step 11 as of January 1, 2006 will achieve their maximum salary rate at twenty-five (25) years of service - on Step 10.
Clerk (Office Clerical — performing such duties as secretarial, filing, preparing routine periodic reports, etc.)
Crossing Guard Supervisor
Radio Equipment Officer
Assembly Room Officer
Summary Case Management Officer — Traffic Division
Remote Terminal Officer
Motor Maintenance Supervisor
Motor Maintenance-Service Writers
Communications and Operations Section (including dispatchers and call-back personnel)
Auto Pound Supervisor
Police Officers working in the Crime Lab (excluding Mobile Unit)
Extradition Warrant Officers
Evidence and Recovered Property Officers
Abandoned Vehicle Officer
Police Officers working in Youth Division Administration — Missing Persons Section — performing Inquiry Aide/Clerical duty
AUXILIARY POLICE AIDES
The following are duties which may be performed by Auxiliary Police Aides:
A. Prepare case reports of non-criminal incidents as directed by a sworn Officer.
B. Answer telephone inquiries and make appropriate referrals.
C. Provide information to members of the public.
D. Process Department reports and forms as directed by management.
E. Aid in traffic direction and control.
F. Run errands, and/or act as messengers.
G. Assist in:
1. crowd control at parades, athletic events and other public gatherings where potential for violence is minimal.
2. times of disaster, disorder or emergency as directed by the Superintendent of Police.
3. the operation of the Youth Fingerprint, Law Enforcement Explorer and Junior Police programs, under the direction of program personnel.
H. Assist district neighborhood relations program personnel.
I. Provide clerical assistance to court sergeants.
J. Perform other administrative duties as determined by the unit commanding officer.
The Employer shall make dental coverage available to Officers covered under this Agreement and their eligible dependents. The cost of this coverage will be borne by the Employer, subject to applicable Officer co-insurance, deductibles, and co-payments. Officers will have the opportunity to choose between the Dental PPO Plan and the Dental HMO Plan. Under the Dental PPO Plan participants can use the dentist of their choice for services, but if they choose a dentist in the PPO network the benefit will be higher. If they choose an out-of-network dentist, the benefit will be lower. The Dental HMO Plan requires the member to select a participating network dentist. All family members must use the same Dental HMO dentist for their Dental services. Orthodontia is only available in the Dental HMO Plan. Lists of Dental PPO and Dental HMO dentists are available at the Benefits Management Office (312-747-8660).
No change, modification or alteration in the composition of the hospital network in effect at the time this Agreement is executed (a list of which is attached) shall be made except in compliance with the following:
1. Lodge 7 FOP shall be notified in writing of the intent to change at least ninety (90) days prior to the proposed change where circumstances are within the City's control. In all other cases, the City will provide the maximum notice as is practicable under the circumstances.
2. The notice referred to shall, at the time the notice is given, provide sufficient information to explain the contemplated action and shall include, at a minimum, but shall not be limited to:
a. The affected institutions.
b. The precise reason(s) the action is being contemplated.
c. The numbers of covered participants (employee and/or dependents) receiving in-patient service from such affected facility at the time the notice is given.
d. The number of covered participants (employees and/or dependents) receiving in-patient service from such affected facility during the preceding twelve (12) months.
3. The City shall meet within seven (7) calendar days of a request from the Lodge to discuss the proposed change, shall provide all additional relevant information which is reasonably available, and shall be responsible for such notices to participants as may be reasonably demanded by the Lodge. In the event the parties are unable to resolve a dispute within seven (7) calendar days of the first meeting or such other time as may be mutually agreed upon, the dispute shall be submitted to arbitration pursuant to Section 9.5, Step 3 within ten (10) days, and both parties shall cooperate to expedite the proceedings.
No change, modification or alteration covered by this Appendix shall be made or permitted for arbitrary or discriminatory reasons; nor shall any change, modification or alteration result in the unavailability of quality health care services in a specific geographic area.
In-network co-insurance benefits shall be paid to eligible participants for the following out-of-network care or services:
A. Emergencies defined as the sudden and unexpected onset of a medical condition with such severe symptoms that the absence of immediate medical attention could result in serious and permanent medical consequences.
B. Care ordered by a physician which, after review by the Utilization Review vendor, is:
1. medically necessary; and
2. only available at a non-network hospital, or the proposed treatment is performed so infrequently in-network that direction to non-network hospital is medically appropriate; or
3. available at a network hospital to which the patient cannot be safely transported (only until such time as the patient can be safely transferred to the network facility, arrangements for which should be initiated once the treatment plan has begun), provided the cost of the transfer shall be paid by the plan; or
4. care rendered beyond a 50-mile radius (from any network hospital) where participant is domiciled or stationed.
This information is also contained in the Employee Benefit Handbook.
HEALTH CARE CONTRIBUTIONS FOR ACTIVE OFFICERS
Effective July 1, 2006, active Officers covered by this Agreement will contribute the following percentages of their base salary from the appropriate Salary Schedule in Appendix A towards the cost of their health care:
- Single Coverage: 1.2921%
- Employee +1: 1.9854%
- Family Coverage: 2.4765%
For example, contributions at selected salary levels per pay period will be as follows:
PRESCRIPTION DRUG COSTS
The following are the co-payments and effective dates for the lesser of a 30-day supply or 100 units of the following prescription drugs:
MAIL ORDER DRUGS
Effective July 1, 2006, co-payments for prescriptions obtained through the mail order plan for all health care plans are as follows (per prescription; 90 day supply):
(1) Generic Tier 1: $20.00
(2) Brand Formulary Tier 2: $60.00
(3) Brand Non-Formulary Tier 3: Not available
(4) Brand with Generic Equivalent: Generic Co-Payment Plus Cost Difference Between Brand and Generic
CHEMICAL DEPENDENCY AND MENTAL HEALTH CO-INSURANCE AND LIMITS
Courses of treatment for inpatient chemical dependency and mental health shall include the continuum of care used to treat a particular diagnosis. A new course of treatment will be considered when there is a 30-day or longer period of time with no treatment or clinical supervision provided.
t is understood that all in-network treatments are subject to the in-network out-of-pocket maximum. All out-of-network treatments are subject to the out-of-network out-of-pocket maximum, pursuant to the existing methodology for charging expenditures to the out-of-pocket maximum for out-of-network treatment. All CD/MH treatment including out-patient may be subject to Utilization Review.
All chemical dependency and mental health treatment is subject to review by the utilization review program. Additionally, to be considered under the chemical dependency/mental health benefit structure, a claim for benefits must include a primary DSM-III-R (Diagnostic and Statistical Manual of Mental Disorders—Third Edition—Revised) diagnosis (or diagnosis under a subsequent revision).
BEHAVIORAL INTERVENTION SYSTEM — PERSONNEL CONCERNS PROGRAM
I. Hearings will be allowed for both the Behavioral Intervention System (BIS) and the Personnel Concerns (PC) Program.
A. The hearing is voluntary and must be requested by the affected Department member.
1. In the instance of the Behavioral Intervention System, a hearing must be requested within seven (7) working days of being presented with the Individualized Performance Plan (IPP) and the Behavioral Intervention System Counseling Record. The request for a hearing must be in writing to the Director of the Personnel Division.
2. In the instance of the Personnel Concerns Program, a hearing must be requested within seven (7) working days of having attended a Personnel Concerns Conference. The request for a hearing must be in writing to the Director of the Personnel Division.
NOTE: Department members upgraded from the Behavioral Intervention System to the Personnel Concerns Program are not entitled to a hearing.
B. The Department will set the hearing date and notify the affected Department member of the date.
C. The hearing time will be as close as possible to the Officer's regular duty hours (i.e., morning for 1st watch Officers, afternoon for 3rd watch Officers) and will not be on the Officer's furlough, Regular Day Off, or previously planned day off (i.e. Baby Furlough Day, Personal Day, etc.) unless the Officer agrees to such. Overtime will not be granted for the hearing.
II. Hearing Procedures.
A. The Department will explain its position for enrollment of the member in the Behavioral Intervention System or Personnel Concerns Program.
B. The Officer, or his or her representative, will present the Officer's position.
C. The Department representative may ask the Officer questions.
D. The Officer's representative may question the Officer.
E. The Department representative will, within five (5) working days, notify the Officer of his or her decision and that decision is final.
III. Placement Duration (Behavioral Intervention System/Personnel Concerns Program). Placement in either program is for one (1) year.
NOTE: Placement in either program may be extended past the initial year or, in the instance of the Behavioral Intervention System, be upgraded to the Personnel Concerns Program. Additionally, a member may be removed from either program prior to a year being completed.
Any member who is upgraded from the Behavioral Intervention System to the Personnel Concerns Program will be informed at the Personnel Concerns Conference that he or she may forward a To/From subject report to the Commander of the Personnel Division outlining the reasons the member feels this upgrade should not take place. In addition, any Officer who extends past one (1) year in the Behavioral Intervention System or the Personnel Concerns Program may submit a To/From outlining the reasons he or she believes that they should not be retained in the program.
HIGH RISK PREGNANCY SCREENING PROGRAM
In order to reduce the risk of a premature birth and the attendant health risks to mother and child and to avoid the costs associated with same, the City offers a high risk pregnancy screening program. The program is part of the medical advisor program.
Under the program, a pregnant employee, spouse or dependent is encouraged to notify the medical advisor during the first trimester of pregnancy. During the telephone interview, the nurse reviewers will collect information on the health status of the prospective mother, her medical history, and conduct a health risk assessment to determine if she meets criteria for a high risk pregnancy.
If the prospective mother does not meet criteria, the medical advisor would offer educational materials on pregnancy and advise her that they will be following up with a call in her second trimester of pregnancy. Further, they will advise her that they are available if she has any questions about her pregnancy. Subsequent follow up will depend on the course of the pregnancy. As delivery approaches, they will advise her about expected lengths of stay postpartum.
If the prospective mother meets criteria for a high risk pregnancy, the medical advisor will contact her physician to discuss the risk factors and identify what steps, if any, are appropriate to reduce the risk of early delivery. They will follow the case as appropriate. If home health or other services available under the plan are necessary, they will approve the care plan and negotiate discounts for approved services. They will be available as a resource to both the prospective mother and her physician.
AFFIDAVITS IN DISCIPLINARY INVESTIGATIONS
1. No affidavit will be required in support of anonymous complaints of criminal conduct. IPRA and IAD shall continue the current and past practice with respect to classifying allegations as either criminal or excessive force. Allegations of excessive force shall not be classified as criminal for purposes of avoiding the affidavit requirement.
2. Anonymous complaints of Medical Roll Abuse and/or Residency violations will not be made the subject of a Complaint Register (CR) investigation until verified, consistent with the current procedure. If the anonymous complaint has been verified, no affidavit will be required.
3. Where a supervisor receives an allegation of misconduct from a citizen, the supervisor will not be required to sign an affidavit.
4. Where one Department member makes an allegation of misconduct against another Department member, neither Department member will be required to sign an affidavit because both Department members are subject to discipline for making a false report under the Rule 14 of the Department's Rules and Regulations.
5. A complaint which is supported by an affidavit will not require additional affidavits in support of additional allegations within the same complaint.
6. In all other cases, IPRA and IAD will make a good faith effort to obtain an appropriate affidavit from the complainant within a reasonable time. An "appropriate affidavit" in the case of a citizen complainant is one where the complainant affirms under oath that the allegation(s) and statement(s) made by the complainant are true.
7. When an appropriate affidavit cannot be obtained from a citizen complainant, the head of either IPRA or IAD may sign an appropriate affidavit according to the following procedure. An "appropriate affidavit" in the case of the head of either IPRA or IAD is an affidavit wherein the agency head states he or she has reviewed objective verifiable evidence of the type listed below, the affidavit will specify what evidence has been reviewed and in reliance upon that evidence, the agency head affirms that it is necessary and appropriate for the investigation to continue.
8. The types of evidence the agency head must review and may rely upon will be dependent on the type of case, but may include arrest and case reports, medical records, statements of witnesses and complainants, video or audio tapes, and photographs. This list is illustrative only and is not to be considered exclusive or exhaustive.
9. In the case of an investigation of the type normally conducted by IPRA, the head of IAD will execute the affidavit described above, if the head of IAD believes execution of the required affidavit is appropriate under the facts of the case based upon the evidence received at that time. In the case of an investigation of the type normally conducted by IAD, the head of IPRA will execute the affidavit described above if the head of IPRA believes the required affidavit is appropriate under the facts of the case based upon the evidence received at that time.
10. No Officer will be required to answer any allegation of misconduct unless it is supported by an appropriate affidavit, except as specified in paragraphs one through five above. In the event that no affidavit is received within a reasonable time, the investigation will be terminated and no record of the complaint or investigation will appear on the Officer's Disciplinary History.
11. Upon the receipt of a complaint which requires an affidavit, IPRA or IAD may conduct a preliminary investigation into those allegations but no Complaint Register (CR) number will be issued unless and until the required affidavit is obtained.
EXPEDITED ARBITRATION RULES
The following provisions shall be applicable to those arbitrations where the parties have agreed to expedited arbitration pursuant to Section 9.3.B. Nothing herein prevents the parties from adding to, deleting or modifying these provisions by mutual agreement.
A. Arbitrators will receive all grievance documents at least one week prior to the hearing, at the discretion of the Arbitrator.
B. Arbitrators will be permitted to issue subpoenas in accordance with applicable law. Subpoenas shall not be used for purposes of delay.
C. The expenses of witnesses for either side shall be paid by the party producing such witnesses.
D. Hearings will be scheduled alternately at City and Lodge locations.
E. Except where mutually agreed otherwise by the parties, each party will represent itself at the hearing, and may designate any representative who is not an attorney.
F. The hearings shall be informal. The Arbitrator shall assist the parties in ensuring that there is a complete record.
G. The Arbitrator may require witnesses to testify under oath.
H. There shall be no stenographic record of the proceedings.
I. The rules of evidence normally followed in arbitration proceedings shall apply.
The Arbitrator shall be the sole judge of the relevance and materiality of the evidence offered.
J. The parties will not file post-hearing briefs. The parties may argue orally on the record and may present relevant authorities to the Arbitrator at the hearing, except that any decisions rendered in the expedited proceedings under these rules may not be cited to the Arbitrator.
K. The Arbitrator will issue a short, written decision no later than sixty (60) days after the completion of the last day of any scheduled block of hearings. His or her decision shall be based upon the record developed by the parties before and at the hearing, and shall include a brief written explanation of the basis for his or her conclusion and shall include reference to the evidence considered and the role that evidence played in reaching his or her decision.
L. If the parties mutually agree, the Arbitrator presiding over the expedited arbitration held pursuant to this Appendix M shall be selected from the panel provided for in Appendix Q, applicable to arbitration of suspension grievances pursuant to Section 9.6.B. In the absence of mutual agreement to utilize the panel, the parties shall select the Arbitrator pursuant to the process set forth in Section 9.3.A.
PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS
An Officer who has been certified as injured on duty shall be provided a list of available physicians for treatment. The list of available physicians shall indicate the physicians’ medical specialties and the physicians shall be members in good standing of a network of worker’ compensation physicians qualified to render appropriate medical care for the injury claimed. The Officer will select a physician from the list provided by the Employer. The Medical Services Section will refer the Officer to the physician selected by the Officer.
An Officer claiming a recurrence of an injury on duty will have his or her claim evaluated by a physician from the Medical Services Section. A claim of a recurrence of an injury on duty includes a claim by an Officer that an injury, illness or condition is related to an injury on duty.
If the Medical Services Section physician finds the injury, illness or condition complained of is not a recurrence of or related to an injury on duty, the Medical Services Section will provide the Officer with the list of physicians described above. The Officer will select a physician from the list provided by the Medical Services Section and the Medical Services Section will refer the Officer to the physician selected by the Officer (Referral Physician).
The parties may accept the Referral Physician’s finding, which shall be final and binding on both the Officer and the Employer, or either party may seek an Independent Medical Examination (IME). The physician conducting the IME (IME Referral Physician) shall be certified in the appropriate medical specialty(ies) and shall be selected by the Officer from a list of physicians provided by the Employer, which shall indicate the physicians’ certified medical specialty(ies), who are members in good standing of a network of physicians qualified to render IMEs. The Medical Services Section will refer the Officer to the IME Referral Physician selected by the Officer for an examination. The IME Referral Physician shall consider all documents and medical records considered by the Referral Physician as well as the Referral Physician’s finding. The IME Referral Physician’s finding shall specify the reasons for the finding and shall be supported by the evidence in the documents and medical records. The finding of the IME Referral Physician shall be final and binding on both the Officer and the Employer.
The following shall apply if the Medical Services Section finds that the injury, illness or condition complained of is not a recurrence of or related to an injury on duty and it is later determined, pursuant to the process described above, that the injury, illness or condition complained of is a recurrence of or related to an injury on duty. Under these circumstances, the twelve (12) month period of time for which an Officer receives full pay and benefits as set forth in Section 18.1 shall be extended and the Officer shall receive, in addition to the twelve (12) month period of time set forth in Section 18.1, full pay and benefits from the date the Medical Services Section initially found that the injury, illness or condition complained of was not a recurrence of or related to an injury on duty through the date it is later certified by the Medical Services Section that the injury, illness or condition complained of is a recurrence of or related to an injury on duty.
SUBROGATION LANGUAGE FOR CITY OF CHICAGO
In the event the Plan provides benefits for injury, illness, medical care or other loss (the "Injury") to any person, the Plan is subrogated to all present and future rights of recovery that person, his or her parents, heirs, guardians, executors, or other representatives (individually and collectively called the "Participant") may have arising out of the Injury. The Plan's subrogation rights include, without limitation, all rights of recovery a Participant has: 1) against any person, insurance company or other entity that is in any way responsible for providing or does provide damages, compensation, indemnification or benefits for the Injury; 2) under any law or policy of insurance or accident benefit plan providing No Fault, Personal Injury Protection or financial responsibility insurance; 3) under uninsured or underinsured motorist insurance; 4) under motor vehicle medical reimbursement insurance; and, 5) under specific risk or group accident and health coverage or insurance, including, without limitation, premises or homeowners medical reimbursement, athletic team, school or workers compensation coverages or insurance.
Upon notice of an Injury claim, the Plan may assert a subrogation lien to the extent it has provided, or may be required to provide, Injury-related benefits. Notice of either the Plan's right of subrogation or the Plan's subrogation lien is sufficient to establish the Plan's rights of subrogation and entitlement to reimbursement from insurers, third parties, or other persons or entities against whom a Participant may have an Injury-related right of recovery. The Plan shall be entitled to intervene in or institute legal action when necessary to protect its subrogation or reimbursement rights.
The Participant and anyone acting on his or her behalf shall promptly provide the Plan or its authorized agents with information it deems appropriate to protect its right of subrogation and shall do nothing to prejudice that right and shall cooperate fully with the Plan in the enforcement of its subrogation rights. Reasonable attorney's fees and costs of Participant's attorney shall be paid first from any recovery by or on behalf of a Participant, and the amount of the Plan's subrogation claim shall be paid next from such recovery. Neither a Participant nor his or her attorney or other representative is authorized to accept subrogation or other Injury-related reimbursement payments on behalf of the Plan, to negotiate or compromise the Plan's subrogation claim, or to release any right of recovery prior to the payment of the Plan's subrogation claim.
The Participant and all other parties to a recovery are required to contact the Plan to determine, and arrange to pay the Plan's subrogation claim at or prior to the time an Injury-related payment or settlement is made to or for the benefit of the Participant. If the Participant obtains a payment or settlement from a party without the Plan's knowledge and agreement, the Plan shall be entitled to immediate reimbursement of its total subrogation claim from the Participant or any party providing any Injury-related payment. In the alternative, the Plan, in its sole discretion, may deny payment of benefits to or on behalf of the Participant for any otherwise covered claim incurred by the Participant until the amount of the unpaid coverage is equal to and offset by the unrecovered amount of the Plan's subrogation claim.
The Plan Administrator or its authorized agents are vested with full and final discretionary authority to construe subrogation and other Plan terms and to reduce or compromise the amount of the Plan's recoverable interest where, in the sole discretion of the Plan Administrator or its authorized agents, circumstances warrant such action. The Plan shall not be responsible for any litigation-related expenses or attorney fees incurred by or on behalf of a Participant in connection with an Injury claim unless the Plan shall have specifically agreed in writing to pay such expenses or fees.
The payment of benefits to or on behalf of the Participant is contingent on both the Participant's full compliance with the Plan's provisions, including the subrogation provision, and, when the Plan deems appropriate, the Participant's signing of a reimbursement agreement. However, the Participant's failure to sign this reimbursement agreement will not affect the Plan's subrogation rights or its right to assert a lien against any source of possible recovery and to collect the amount of its subrogation claim.
BENEFITS DURING PROBATIONARY PERIOD
In connection with the extension of the probationary period from a twelve (12) month period to an eighteen (18) month period, the following rights, privileges and benefits shall apply upon the completion of the first twelve (12) months of the probationary period:
Article 3 - Lodge Security
Section 7.1 - Administration of Summary Punishment
Article 8 - Employee Security
Article 10 - Non-Discrimination
Article 11 - Holidays
Article 12 - Promotions
Article 18 - Disability Income
Article 19 - Bereavement Leave
Article 20.1 - Work Day and Work Week
Article 20.2 - Compensation for Overtime
Article 20.3 - Sixth and Seventh Day Work
Article 20.4 - Call-Back
Article 20.5 - Court Time
Article 20.8 - Stand-By
Article 20.11 - Accumulation of Compensatory Time
Article 20.12 - Back to Back Shifts on Change Day
Article 21.3 - Uniform Allowance
Article 22 - Indemnification
Article 24 - Educational Reimbursement
Article 25 - Life and Health Insurance Provisions
Article 26 - Wages
Article 27 - Residency
Article 29 - Baby Furlough Days
Article 29.A. - Furloughs
Article 30 - Personal Leaves of Absence
Appendix A - Salary Schedule for Sworn Police Personnel
Appendix D - Dental Plan
Appendix E - Network Changes
Appendix F - In-Network/Out-of-Network Care
Appendix G - Health Care Contributions for Active Officers
Appendix H - Prescription Drug Costs
Appendix I - Chemical Dependency and Mental Health Co-Insurance &
Appendix K - Limits High Risk Pregnancy Screening Program Procedures
Appendix N - for Injury on Duty and Recurrence Claims Subrogation
Appendix O - Language for City of Chicago
LOU Regarding Retroactivity of Wage Increases to Retirees
LOU Regarding One-Half Hour Lunch Period
LOU Regarding Article 22 Indemnification
MOU Regarding Health Care Plan
LOU Regarding Health Care Plan/Election by Married Employees
Any dispute or difference between the parties concerning the interpretation and/ or application of any of the above provisions shall be subject to the Grievance Procedure of Article 9.
The parties further agree that an Officer who successfully completes his or her probationary period after having been placed on I.O.D. shall be entitled to the benefits under the contract on the same basis as police Officers who were in that Officer's class who did not have his or her probationary period extended.
Finally, the parties agree that in the event a probationary police officer during his or her final six (6) months of the probation period and a non-probationary police Officer are involved together in a situation which gives rise to the non-probationary police Officer and the probationary police officer each receiving discipline of a five (5) day suspension or less and the discipline for the non-probationary police Officer is subsequently rescinded or reduced, any discipline imposed on the probationary police officer may be reviewed in accordance with the collective bargaining agreement and the City will not assert timeliness provided the Officer has completed successfully his or her probationary period.
GROUND RULES FOR ARBITRATION OF SUSPENSION GRIEVANCES PURSUANT TO SECTION 9.6.B AND 9.6.C
The following procedures shall apply to arbitrations of grievances challenging suspensions of eleven (11) to three hundred sixty-five (365) days.
A. The Lodge and the Employer have agreed to a panel of five (5) Arbitrators who shall comprise the exclusive list of Arbitrators to preside over the suspension grievances. The five (5) Arbitrators are: Each December the Lodge and the City shall each be permitted to strike one (1) Arbitrator from the panel for any reason. In the event an Arbitrator is removed from the panel, the parties shall attempt to agree upon a replacement Arbitrator. If the parties are unable to agree upon a replacement, they shall request a list of seven (7) Arbitrators from the American Arbitration Association, each of whom must be a member of the National Academy of Arbitrators. Within ten (10) 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 added to the panel. In the event the Lodge and the City each strike an Arbitrator from the panel as part of the December process, and if the parties are unable to agree upon replacement Arbitrators, the parties shall request two lists from the American Arbitration Association to be used to select the two replacement Arbitrators.
B. Within ten (10) days of the Lodge electing to forward the suspension grievance to arbitration, the parties shall meet and select an Arbitrator from the panel. The parties shall inform the Arbitrator of the Arbitrator’s appointment and request a hearing date within sixty (60) days. If the Arbitrator is unable to provide a hearing date within sixty (60) days from the date of being contacted, the parties shall select another Arbitrator from the panel who is able to provide a hearing date within sixty (60) days. Upon appointment of the Arbitrator, but prior to the date on which a cancellation fee would be incurred, and unless they have already done so, the parties shall schedule a date to conduct a settlement conference to attempt to resolve the grievance. More than one suspension grievance may be discussed at the settlement conference. If the parties are unable to resolve the suspension grievance, they shall proceed with the Arbitration Process outlined in this Memorandum of Understanding.
C. Provided the Lodge accepts a hearing date within sixty (60) days of appointment of the Arbitrator, the Officer will not be required to serve the suspension, nor will the suspension be entered on the Officer’s disciplinary record, until the Arbitrator rules on the merits of the grievance. In the event additional day(s) of hearing may be required to resolve the grievance, such additional day(s) shall be scheduled within thirty (30) days of the first day of hearing. If the Lodge is not ready to proceed on a scheduled hearing date, the Officer shall be required to serve the suspension prior to the Arbitrator ruling on the merits of the grievance.
D. The authority and expenses of the Arbitrator shall be governed by the provisions of Sections 9.7 and 9.8 of the Agreement.
E. The provisions of this Appendix Q supersede Appendix S of the predecessor collective bargaining agreement. However, nothing shall prohibit or require the parties agreeing upon an expedited or “fast track” arbitration procedure for a specific grievance or category of grievances.
PROCEDURES FOR PSYCHOLOGICAL REVIEW
Any Officer covered by this Agreement who has been involuntarily removed from active duty for psychological reasons has a right to file a grievance pursuant to Section 9.4 of this Agreement. In order to achieve a fair and prompt resolution of such a grievance, the Lodge and the Employer agree that these procedures will be followed.
I. ISSUES FOR REVIEW
A. Is the Grievant presently psychologically fit to perform the duties of a full duty police officer?
B. Was the Grievant psychologically capable of performing the duties of a full duty police Officer at the time he or she was removed from duty or at any time thereafter? If so, on what date?
The duties of a full duty police Officer shall include the ability to perform the duties set forth in the following two paragraphs.
Police Officers, as part of and empowered by the community, protect the lives, property, and rights of all people, maintain order, and enforce the law impartially. They work in partnership with the community to respond to crime and neighborhood disorder. They work various shifts and days as assigned, patrolling an assigned beat by vehicle and/or on foot in order to observe conditions, intervene in observed situations that require their attention, and provide a visible presence to prevent crime from occurring. Police Officers respond to a variety of assignments such as crimes in progress, accidents, damage to property, and domestic and other disturbances. They may have to deal with unruly persons and overcome forceful resistance. They protect crime scenes until detectives or superiors arrive; examine the scene for evidence, and question suspects, victims, and witnesses in order to gather information. Under Chicago's Alternative Policing Strategy (CAPS), Police Officers participate in and conduct neighborhood meetings to identify community concerns and work with supervisors and peers to analyze crime patterns and develop responses to criminal activity in an area.
Police Officers respond to a variety of emergencies and must pursue suspects on foot over a variety of terrain and obstacles. Police Officers prepare reports, recording all details of an incident; prepare arrest slips to start the booking procedure; and testify in court. Police Officers must possess the ability to physically control suspects and to safely discharge firearms to protect citizens and/or themselves. They perform a wide variety of other tasks, such as directing pedestrian or vehicular traffic, issuing traffic citations, and assisting sick and injured persons in a variety of ways. They perform all other related duties as required and directed in order to serve citizens by enforcing laws and protecting lives and property.
The Panel must find that an Officer is either fit or unfit for full duty as a Police Officer. When an Officer is found fit for full duty, the Panel may recommend that the Grievant participate in counseling. However, the Panel's recommendation may not be conditioned upon such participation.
II. INFORMATION AVAILABLE FOR REVIEW BY THE PANEL
A. The Grievant must execute a release in proper legal form authorizing the Lodge to have access to the Employer's psychological files. The term "psychological files" does not include the results of any standardized psychological/ psychiatric tests.
B. No documentation in the possession of any member of the Panel shall be withheld if requested by another Panel member. Each member of the Panel shall provide to the other members of the Panel the results of any standardized psychological/psychiatric tests, conclusions based on said tests, and each Panel member's rationale for finding the Grievant fit or unfit.
C. The mutually-appointed member of the Panel may interview, examine, and evaluate the Grievant and may request additional data through the representatives of the Lodge and the Employer. Any member of the Panel is authorized to review any and all information or documents contained in Complaint Register files that are open, not-sustained, and/or sustained. However, no member of the Panel shall review any information or documents in Complaint Register files in which the finding was exonerated or unfounded. The restrictions on the retention of Complaint Register files set forth in Section 8.4 of this Agreement shall also apply to the PsychologicalReview process.
A. All members of the Panel shall meet and discuss the Grievant's fitness and reach a conclusion regarding fitness.
B. The mutually-appointed member of the Panel shall draft the Panel's decision regarding the Grievant's fitness. The decision must specifically address whether the Officer was fit for some or all of the time the Officer has been removed from duty and the Officer's present fitness. The decision must also address all of the issues submitted for review and state the evidence relied upon as the basis for the decision.
C. The mutually-appointed member of the Panel shall send the draft of the Panel's decision to the Panel members appointed by the Lodge and the Employer for verification of their representations within fourteen (14) days from the date of the meeting of the Panel. The members of the Panel appointed by the Lodge and the Employer shall have fourteen (14) days from the postmark date of the draft report to verify said representations and to provide suggestions, recommendations, and comments to the mutually-appointed member of the Panel. The mutually-appointed member of the Panel may make any revisions to the decision based upon the comments received from the other members of the Panel. The final decision shall issue no later than fourteen (14) days from the postmark date of the latest response of the other members of the Panel, if any. In all cases, the decision of the Panel shall issue no later than sixty (60) days from the date of the meeting of the Panel. Failure to meet these time guidelines does not divest the Panel of authority to make fitness for duty decisions, nor expose the Employer to any liability.
D. Copies of the decision of the Panel shall be provided immediately to the representatives of the Lodge and the Employer.
GRIEVANCE MEDIATION PROGRAM GROUND RULES
The parties agree to establish a grievance mediation program in accordance with the following ground rules:
1) Grievance mediation sessions shall be scheduled by the parties by mutual agreement, but not more frequently than once quarterly. Such mediation sessions shall be presided over by an arbitrator/mediator, to be selected by mutual agreement of the parties from among the following three (3) arbitrators/mediators: Edwin Benn, Peter Meyers and George Roumell.
2) In order to be eligible for submission to this mediation pilot program, grievances must be of the “contract interpretation” variety (i.e., neither disciplinary nor medical grievances shall be eligible for this process), the Lodge must have invoked arbitration of the grievance, and there are no issues with respect to the procedural arbitrability of the grievance(s).
3) Each party shall identify up to four (4) grievances for presentation at each session (i.e., a total of eight (8) grievances per session). The parties shall agree upon the agenda of grievances to be submitted at least fourteen (14) days prior to the mediation session, and shall jointly prepare an agreed upon statement of the issue(s) presented in each grievance.
4) At least ten (10) days before the session, the parties shall confer for the purpose of exchanging the documents upon which each intends to rely at the session, including copies of any correspondence, orders, statements, etc. The parties are expected to resolve any disputes regarding authenticity of any proposed documents or other exhibits prior to the mediation session.
5) Within three (3) days of the session, each party shall prepare and exchange with the other party a written statement, for each grievance, of no more than one (1) page in length, outlining its position and arguments concerning the grievance. The governing principle in this mediation process, to be adhered to by both parties, is that there be no claims or defenses offered for the first time at the mediation.
6) A party’s failure to comply with any of the timelines set forth in this Appendix shall result in the cancellation of the mediation session and assessment of the Mediator’s cancellation fee and expenses against that party. Otherwise, the parties shall split evenly the cost of the Mediator’s expenses and fees. Each party shall bear its own fees and expenses related to the mediation.
7) Within three (3) days of the session, each party shall submit to the Mediator a set of the documents previously provided to the other party. Only under extraordinary circumstances will a party be allowed to introduce a document at the hearing that was not previously identified and submitted. As part of the submission to the Mediator, each party may submit the one (1) page written statement, for each grievance, referenced in paragraph 3 above, outlining its position concerning the grievance.
8) At the session, each party may be represented by one (1) attorney and one (1) party representative. The grievant may also be present; if there are multiple grievants, then one grievant representative may be present. Each party shall make a presentation of no more than thirty (30) uninterrupted minutes in length (including rebuttal) with respect to each grievance. There shall be no witnesses; however, if the mediator indicates that hearing from the grievant would be helpful to the mediator, the grievant may make a statement. The thirty (30) allowed minutes shall include the grievant’s statement. Each party shall otherwise make its presentation through offer(s) of proof. The rules of evidence shall not apply and there shall be no procedural or substantive legal objections to the parties’ presentations or to the evidence submitted at mediation (e.g., objections based on lack of foundation). There shall be no recording of the session. The parties expect that the Mediator will conduct the mediation by initially having both parties in the same room making their initial presentation(s), and will thereafter separate the parties to conduct the mediation, as the Mediator deems appropriate.
9) Each party’s representative(s) shall come to the session with authority to resolve each grievance scheduled to be heard, and shall have authority to enter into a settlement agreement. Where a settlement agreement is reached, the parties shall reduce to writing the terms of the agreement and execute such agreement prior to the conclusion of the mediation session.
10) Any settlement reached at mediation shall be binding with respect to that particular grievance(s) only, and shall have no precedential value with respect to any other grievance, nor may it may be used or referred to in any subsequent proceeding between the parties, unless both parties agree in writing. The mediation session(s) shall be confidential, and nothing said by either party at the session(s) may be used, referred to or relied upon in any subsequent proceeding.
11) The Mediator shall not be eligible to serve as an arbitrator with respect to any grievances submitted to the Mediator as part of the mediation pilot program.
12) The location of the mediation session shall rotate among the offices of the Lodge, the Management and Labor Affairs Section or another location agreed to by the parties.
13) Upon mutual agreement, the parties may strike the name(s) of one or more of the Mediators identified in Paragraph (1) above and, by agreement, substitute a different Mediator to replace the stricken name(s).
14) Both parties acknowledge their shared interest in streamlining the grievance/arbitration process and providing for timely and appropriate resolutions of grievances.
DRUG AND ALCOHOL TESTING
Pursuant to the award issued In the Matter of the Arbitration Between the City of Chicago and Fraternal Order of Police, Chicago Lodge No. 7 by Arbitrator Edwin H. Benn on April 16, 2010, the Chicago Police Department's drug and alcohol testing program shall be amended as follows:
A. The Department's existing policies and orders regarding random drug testing shall be revised to include the following components:
1. Testing for the presence of alcohol while on duty.
a. Officers selected for random drug testing shall also be tested for alcohol.
b. Upon notification to submit to random testing, Officers shall continue to report to the Random Drug Testing Unit for the collection of urine specimens.
c. The Department may use urine specimens to test for the presence of both drugs specified in this agreement and alcohol. The Department may also test for alcohol using a breath alcohol test administered by a qualified tester using a certified and calibrated Breathalyzer.
d. The initial and confirmatory test levels for a positive presence of alcohol shall be a breath alcohol level of .021 or its urine concentration equivalent, unless a different standard is required by paragraph (e) below.
e. If the test reveals a breath alcohol level of .021 through .039 or their urine concentration equivalents, the Officer shall be relieved from duty without compensation until the next duty day and shall submit to drug and alcohol testing prior to his/her return to duty. If the return-to-duty test reveals an alcohol level of .00, the Officer may return to duty and shall not be subject to discipline based on the initial test result; however, during the six- (6-) month period following the date of the initial test, the Officer will be selected for random drug and alcohol testing from an eligibility pool consisting of similarly situated Officers.
If the return-to-duty test or any test administered within the six-(6-) month period described above reveals any presence of alcohol, the Officer shall be relieved from duty without compensation until ordered to return to duty, and the Random Drug Testing Unit will refer the matter to the Internal Affairs Division.
If the test reveals a breath alcohol level equal to or greater than .04 or its urine concentration equivalent, the Officer shall be relieved from duty without compensation until ordered to return to duty, and the Random Drug Testing Unit will refer the matter to the Internal Affairs Division. In the event discipline is recommended, the Internal Affairs Division shall consider whether to agree to hold the discipline in abeyance in exchange for the Officer's agreement to participate in a rehabilitation program, remain drug and alcohol free for a defined period and comply with other appropriate terms and conditions (i.e., a "last chance" agreement).
An Officer who is relieved from duty without compensation in accordance with this subsection may utilize accrued elective time during the unpaid period of absence.
f. The above changes shall be implemented effective January 1, 2012, or thereafter.
2. Bidders and/or applicants for assignments in the Narcotics Section, Gang Enforcement Section, Gang Investigation Section and Vice Control Section in the Organized Crime Division and the Intelligence Section in the Counterterrorism and Intelligence Division shall be required to submit to a drug and alcohol test prior to appointment. Thereafter, all Officers assigned to these Units shall be selected for random drug and alcohol testing from an eligibility pool consisting solely of Officers assigned to such Units.
B. The procedures applicable to drug testing conducted by the Department, regardless of whether the basis for the testing is random, for cause or any other basis, shall be amended to include the following:
1. Ecstasy (MDA/MDMA) and steroids shall be added to the panel of substances for which the Department tests, and Methaqualone shall be removed from such panel. The modernized panel shall thus read as follows:
2. Initial and confirmatory test levels will be consistent with the federal regulations promulgated by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration ("SAMHSA") for those substances covered by such regulations.
3. During the term of this Agreement, the Department may add or remove additional substances to the panel referred to above when it has reasonable grounds for such addition or removal (such as when new drugs are developed or changes occur in patterns of consumption of dangerous or illegal drugs), provided that it shall provide Lodge 7 with thirty (30) days' advance written notice and, upon request, meet with Lodge 7 to negotiate the addition or removal of a substance to or from the panel. If the parties are unable to agree on the addition or removal of a substance from the panel, the dispute shall be resolved through the binding grievance arbitration procedure set forth in Article 9. The sole issue before the Arbitrator shall be whether the Department has a reasonable basis for adding or removing the substance to or from the panel and for the initial and confirmatory test levels.
4. If a test reveals a positive presence of a substance on the above panel or the abuse of prescription drugs, the Random Drug Testing Unit will continue to refer the matter to the Internal Affairs Division.
C. Effective upon ratification, in any instance where an Officer discharges his/ her weapon, whether on or off duty, the Officer shall submit to drug and alcohol testing at the direction of the Internal Affairs Division or any superior authority. If the Officer has discharged his/her weapon off duty and the test reveals the presence of alcohol, the Department shall not discipline the Officer based solely on the results of the alcohol test when the Officer's actions are consistent with the Department's use of force guidelines.
D. The Department's existing policies and orders regarding drug and alcohol use shall be amended to state that an Officer is prohibited from consuming alcohol within the four- (4-) hour period preceding the start of a previously scheduled shift or after receiving notice to report for duty. Alleged violations of this rule cannot result in discipline unless a test conducted pursuant to the testing procedures is positive.
E. The Department will continue to conduct its drug and alcohol testing program in accordance with the regulations promulgated by the Illinois State Police set forth in Title 20, Part 1286, of the Illinois Administrative Code.