R2022-136 Resolution Authorizing the City Manager to Execute Modifications to the Collective Bargaining Agreement Regarding Pay, Benefits, and Work Conditions Between the Decatur Police Benevolent And Protective Association Labor Committee

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If the problem or deficiency that was the cause of the disciplinary action has not recurred,the Chief will submit a letter to the personnel file so indicating. Section 5. An employee receiving a suspension may, upon written notification to the Chief of Police and prior to the commencement of such suspension, elect to use any accumulated vacation, compensatory time or holiday leave for the duration of such suspension. If an employee elects to use accumulated vacation, compensatory time or holiday leave in lieu of suspension without pay,the employee waives his/her right to a hearing before the Civil Service Commission or before an arbitrator pursuant to Article 20. Section 6. Conduct of Investigations The City shall abide by the provisions of the Uniform Peace Officers'Disciplinary Act(50 ILCS 725/1 et seq.); any violation thereof, or remedy available there under, shall be subject to the grievance and arbitration sections of Article 20. (a). The City shall observe the following time limits with regard to disciplinary matters: (1) An officer shall be notified of any investigation or citizen's complaint regarding the officer's conduct or actions within ten(10) duty days of said complaint unless notification would compromise the investigation. (2) Any officer under investigation shall be provided with a written copy of any oral statement made by such officer within five (5) of the interviewer's duty days from the time such statement was made. (3) The City shall provide both the officer and the Union all information obtained from the investigation at least five (5)business days prior to any termination hearing. (4) All grievances filed under Article 20 of the Agreement which challenge disciplinary actions imposing suspension of ten (10) days or more, or termination, may be heard under the expedited procedure described in Exhibit E hereto, but only if the Union so notifies the City, in writing, not later than the end of the fifth (5th) business day following the notice to the employee of the discipline to be imposed, as set out in said Article 20; provided that, no arbitration hearing involving charges which are also the subject of a criminal prosecution may be conducted prior to the termination of said criminal proceedings. (b). Failure to meet the time limits set out in subparagraph(a)shall not prohibit the City from imposing discipline for the offenses involved. Section 7. Photo Dissemination No photo of an employee under investigation shall be made available to the media prior to a criminal conviction or prior to an arbitrator's decision or Civil Service Commission decision. Section 8. Compulsion of Testimony 16