Friday, December 23, 2011

Citizen Request for Financial Crimes Unit Investigation of Johnsburg

THE VILLAGE OF JOHNSBURG

FINANCIAL CRIMES SUMMARY

REQUEST FOR INVESTIGATION

BACKGROUND INFORMATION

The Haneys have owned their property since 1977, which included their home, and an extra lot. The purchase of the property included the deeded rights to use 3 additional private parcels. 

In October 2010 a law suit was filed by the Haneys in McHenry County Circuit Court (10 CH 3178) against the Village of Johnsburg who since 2006 have maintained that there is a deeded public right away over this parcel.

The Haneys have been and currently are listed on the Tax Assessment of the parcel at issue. This court proceeding has not had a trial.

In January, February and March of 2011 the Village of Johnsburg Attorney Michael Smoron prepared eleven fraudulent deeds, listing eleven (11) heirs (who have no legal standing) as the Grantors and deeded the Haneys property to the Village of Johnsburg.

The Village Attorney, representing the Village of Johnsburg, created 11 false deeds and conveyed the Haneys property from heirs who do not own the property to his other client the Village of Johnsburg. On March 15, 2011 the Village of Johnsburg filed a PTAX-300 Application with not only the “fraudulent deeds” but also altered documents to obtain Tax Exempt Status on the Haneys property.

On May 13, 2011, an unidentified person took an unapproved check signed by Claudett Peters and the President Ed Hettermann and paid the Haneys property taxes at the McHenry County Treasurers Office without the advice and consent of the Board of Trustees.

It was this specific action outside of the boundaries of the law, segregation of duties according to the US Government Accounting Standards, and without the advice and consent of the Village of Johnsburg Board of Trustees that resulted in the Freedom of Information Investigation.

Additionally, on November 4, 2011 the McHenry County Board of Review signed and approved the Village of Johnsburg PTAX-300 Application containing the “fraudulent deeds” and altered documents and forwarded it to the Illinois Department of Revenue for approval without a proper hearing or notification of the Haneys.

Through the Freedom of Information Act the Haneys obtained a copy of the Application from the Illinois Department of Revenue containing the fraudulent deeds and altered documents and quickly submitted unaltered documents as well as the true and accurate copies of ownership of the parcel which resulted in a decision to either have the Village of Johnsburg withdraw the PTAX-300 Application or the Illinois Department of Revenue will deny the Application. (Request for Investigation and supporting documents are being submitted under separate cover)

SUMMARY AND REQUEST FOR INVESTIGATION

This summary is prepared by an Illinois concerned citizen, based upon documents, reports and information received by and through the Freedom of Information Act.

These statements are based upon one person’s monopolizing all the “Segregation of Duties” as well as illegally maintaining the position of “Clerk” within the Village of Johnsburg.

Since the Village of Johnsburg does not have a treasurer, this same individual signs as the Treasurer when the Illinois Statutes require a Treasurer to report.

The Auditor for the Village of Johnsburg covering-up the lack of internal controls, as well as the Federal Funding received by the Village of Johnsburg from Grants and Earmarks that have never been reported to the OMB via an A-133 form (See Volume 1, OMB).

This summary will weave the steps of the illegal movements committed by Claudett Peters with supporting documentation tendered in the two (2) corresponding volumes of evidence.

The requests sent to the Village of Johnsburg, the McHenry County Clerk and the Illinois State Comptroller were submitted based upon a five (5) year glance but in order to focus on deliberate corrupt movements this summary focuses on two (2) fiscal years, fiscal year 2006 (May 1, 2005 to April 30, 2006) and the fiscal year 2007 (May 1, 2006 to April 30, 2007). Additional information is available upon request.

Segregation of Duties defined is “A fundamental element of internal control is the segregation of certain key duties. The Basic idea underlying segregation of duties is that no employees should be in a position both to perpetrate and to conceal errors or fraud in the normal course of their duties. In general, the principal incompatible duties to be segregated are:
  1. Custody of assets.(1)
  2. Authorization or approval of related transactions affecting those assets.(2)
  3. Recording or reporting of related transactions.(3)
Traditional systems of internal control rely on assigning certain responsibilities to different individuals or segregating incompatible functions. The general premise of Segregation of duties is to prevent one person from having both access to assets and responsibility for maintaining the accountability of those assets.”

As the Collector for the Village of Johnsburg, Claudett Peters has complete control of the “Custody of Assets”, simultaneously as the Director of Operations/ Administrator for the Village of Johnsburg,

Claudett Peters has complete “authorization or approval or related transactions affecting those assets”, and then Claudett Peters illegally usurps the position of “Treasurer” or “Assistant Treasurer” which gives Claudett Peters complete control of “Recording or reporting of related transactions” when necessary as she submits the Annual Reports to the McHenry County Clerk and the Illinois State Comptroller, and then places the publication of the annual “Treasurers” Report in the local newspaper. When Claudett Peters is required to submit monthly Treasurers Reports to the Board of Trustees, she submits Revenue and Expenditure Reports.

In (Volume 2 Exhibit 24, 25, 26, 27, 28) you can see that the audits collected for the Fiscal years 2006 (page 12), 2007 (page 11), 2008 (page 11), 2009 (page 11), and 2010 (page 11) clearly state from the Auditor, that indeed State and Federal Funds were received by the Village of Johnsburg for the fiscal year for certain projects.

From the Federal oversight OMB the federal funds sent to the Village of Johnsburg have never been reported as required by the A-133 form. The Auditor for the Village of Johnsburg is required to attach an A-133 form and send the A-133 form to the cognizant agency for appropriate oversight.

If the Auditor for the Village of Johnsburg does not identify the obvious, non-existent internal controls and then ignores the Federal requirements of attaching the A-133 to the annual audit of the recipient of Federal Funds then one of two assumptions present itself, one is that the auditor does not know about the mandate associated with the acceptance of federal funds or two, that the auditor is covering up the misuse of those funds.

The author of this report states through information and belief that the Auditor, Evans, Marshall & Pease, P.C. indeed has full knowledge of the mandated requirements associated with the acceptance of federal funds because the same Auditor, Evans, Marshall & Pease, P.C. submits the mandated A-133 for the Woodland School District as evidenced in (Volume 1).

The references on each of the Village of Johnsburg’s Audit refer to millions being collected by the Village of Johnsburg each year, the standard base amount for the tendering of an A-133 is for the base line $500,000.

If the Auditor cannot identify the basic internal controls that are ignored in the Village of Johnsburg and also refuses to attach the A-133 form to each corresponding audit then the presumption is that the auditor is covering up the misuse of funds and therefore the auditors criminal role must be included in the Financial Crimes being committed by the Village of Johnsburg.

The Village of Johnsburg’s financial crimes must be investigated and prosecuted to the fullest.

The “we didn’t know” excuse can not be allowed due to the fact that these crimes are willfully being committed by people who know what they’re doing and are going to great extents to cover-up, conceal, and continue these crimes.

This “sleepy” little town is not just committing crimes with local, county and state monies; they have received “millions” of federal dollars annually making every Citizen in the United States a victim of these financial crimes being committed in Johnsburg.

SEGREGATION OF DUTIES US GOVERNMENT ACCOUNTING STANDARDS

FOIA sent on June 10, 2011 (Exhibit 1) this was a request regarding Administrative positions and their corresponding salaries since April 2005, response received from the Village of Johnsburg on June 16, 2011. (Exhibit 2) This response clearly shows that Claudett Peters is the Clerk, Administrator and Comptroller. (Exhibit 22)

*Documents received: Policies and Procedures, spreadsheet (Exhibit 22) and statement from the Village of Johnsburg that “Additionally, there is no document responsive to your June 10, 2011 request related to the position of Treasurer as there is no such position”. That statement confirms that since April 2005, the Village of Johnsburg has not had an appointed or elected Treasurer.

CONCLUSION:

There is only one person in the Village of Johnsburg that controls all three duties mandated according to the US Government Accounting Standards.Claudett Peters is the Administrator, the Comptroller, and she assumes the role as Treasurer even though according to the Village of Johnsburg FOIA response sent on June 16, 2011 “There is no such position as Treasurer”.

NO INTERNAL CONTROLS INSIDE THE VILLAGE OF JOHNSBURG

SEGREGATION OF DUTY
CUSTODY OF ASSETS (1)

CLAUDETT PETERS AS THE COMPTROLLER/COLLECTOR OF THE VILLAGE OF JOHNSBURG

Claudett Peters is the Comptroller/Collector of the Village of Johnsburg (Exhibit 22 & 23)
65 ILCS 5/3.1-35-125 mandate a “Collector Report” between the 1st and the 10th of April each year the Collector is to present a Collector Report. FOIA sent on October 3, 2011 (Exhibit 3) requested a copy of the aforementioned report, response from the Village of Johnsburg sent on October 11, 2011 (Exhibit 4) state that “No documents exist”.

SEE FINANCIAL REPORTS SPREADSHEET PART ONE, TWO, AND THREE

CONCLUSION:

Claudett Peters in her role as the Comptroller/Collector for the Village of Johnsburg is in violation of every Illinois Statutes for Comptrollers or Collectors.

NO INTERNAL CONTROLS INSIDE THE VILLAGE OF JOHNSBURG


SEGREGATION OF DUTY
AUTHORIZATION OR APPROVAL OF RELATED TRANSACTIONS
AFFECTING THOSE ASSETS (2)

CLAUDETT PETERS AS THE DIRECTOR OF OPERATIONS/ADMINISTRATOR

Claudett Peters is the Director of Operations/Administrator of the Village of Johnsburg (Exhibit 22) in this role for the Village of Johnsburg she is responsible for the administrating of the Village Assets.

As evidenced in the following extractions, Claudett Peters signed a check prior to board approval gave the unapproved check to an unidentified person to expend, then the question can be raised, in her role as the Director of Operations/ Administrator how many other checks are being signed outside of the Boards knowledge. This is one clear case of Official Misconduct in her capacity as the Director of Operations/Administrator.

CONCLUSION:

Claudett Peters in her role as the Director of Operations/Administrator for the Village of Johnsburg is committing Official Misconduct by signing a check, giving that check to someone outside of the Village of Johnsburg to disburse the funds prior to Board approval.

NO INTERNAL CONTROLS INSIDE THE VILLAGE OF JOHNSBURG

EXPENDITURE OF FUNDS WITHOUT BOARD APPROVAL

FOIA sent on June 8, 2011, response received by the Village of Johnsburg on June 14, 2011
*Documents received: Check #106522, fund disbursements, and May 17, 2011 Board minutes. See Volume 1 for a copy of the Check, fund disbursements and May 17, 2011 Board minutes.
*Additional supporting documents:
1. “Duplicate” Real Estate Tax Bill from the Office of William LeFew with hand written note, property taxes were paid on May 13, 2011.
2. Front and back of check #106522.
3. Tax Exempt letter from the Illinois Department of Revenue issuing Tax Exempt Number for the Village of Johnsburg.

CONCLUSION:

Expenditure of check #106522 on Friday May 13, 2011 and the Village Board approved the expenditure on May 17, 2011. Signatures on the unapproved check # 106522 were Claudett Peters (the Village of Johnsburg Director of Operations) and Ed Hettermann (the President of the Village of Johnsburg)

NO INTERNAL CONTROLS INSIDE THE VILLAGE OF JOHNSBURG

*Claudett Peters as the Director of Operations/Administrator violated laws by signing a check prior to board approval.

MAY 13, 2011 UNAPPROVED CHECK GIVEN TO UNIDENTIFIED PERSON AND EXPENDED PRIOR TO BOARD APPROVAL ON MAY 17, 2011

FOIA sent on , requesting name of individual agent from the Village of Johnsburg that took the “unapproved” check #106522 and paid the property taxes as well as the original receipt from the Property tax payment, response received by the Village of Johnsburg on June 14, 2011.

* “Village of Johnsburg denied request”

Requesters submitted a Request for Review by and through the Office of the Public Access Counselors Office and the receipt was tendered to the Illinois Attorney General’s Office. In (Volume 1) is the July 12, 2011 Letter from the Freedom of Information Officer, Claudett Peters to the Illinois Attorney General’s Office that “In follow up to our telephone conversations and your letters of July 8, 2011, please be advised that at the time of the FOIA request I did not have a copy of a receipt for property taxes paid by the Village. Since that time, my office has received a copy of a receipt that I believe is responsive to the request. I have enclosed it for your review.”

CONCLUSION:

In her role as the Administrator, Claudett Peters gave a signed unapproved check dated May 13, 2011 to someone “outside” of the Village to pay the personal property taxes of a resident.

NO INTERNAL CONTROLS INSIDE THE VILLAGE OF JOHNSBURG

*Claudett Peters as the Director of Operations/Administrator violated laws by giving a signed check without board approval to unidentified person to expend the check.

SEE FINANCIAL REPORTS SPREADSHEET PART ONE, TWO, AND THREE

SEGREGATION OF DUTY
RECORDING OR REPORTING OF RELATED TRANSACTIONS (3)

CLAUDETT PETERS AS THE TREASURER OR ASSISTANT TREASURER

On June 10, 2011 a Freedom of Information Request was sent to the Village of Johnsburg regarding certain Administrative Positions, including the Treasurer. In the response from the Village of Johnsburg to the Administrative position of Treasurer and corresponding salary, the Village FOIA Officer, Claudett Peters responded that there is no Treasurer from the Village of Johnsburg. The specific requirements set forth by the Illinois Statutes regarding taxing bodies and monies they report or record rest in the Office of the Treasurer. (See Financial Spreadsheets 1, 2, and 3 in Volume 1)
  1. Monthly Treasurer Reports are statutorily mandated. Claudett Peters tenders Revenue and Expenditure Reports
  2. Annual Treasurers reports are statutorily mandated. Claudett Peters does not submit the Annual Treasurers report to the Board for approval.
  3. The Annual Treasurers report is to be published in a local newspaper.
  4. The only approval that was located was in regards to the expenditure for the publication. The difficulty in reconstructing the statutorily mandated reports for the Village of Johnsburg is due to the fact that the Clerk, Claudett Peters has intentionally withheld information from the tax payers. As the Clerk, the minutes are to be available on the internet and or the library. On August 8, 2011, a Freedom of Information Request was sent that included the request for corresponding minutes with the statutorily mandated financial reports she responded “No Documents exist”. This request for Review was sent to the Illinois Attorney General’s Office and a courtesy copy to Gloria Huston, Secretary of State. The Secretary of States office by and through Gloria Huston informed the Requesters that tampering or destroying permanent records is a Class 4 Felony and urged the Haneys to contact the McHenry County States Attorney. The Haneys contacted the McHenry County States Attorney and he responded on November 28, 2011 that the Haneys should contact the Illinois State Police.
  5. On December 21, 2010 the Village of Johnsburg Board votes to approve the expenditure of publishing the Annual Treasurers Report for the Fiscal Year 2010, ending April 30, 2010. (See Volume 1 “minutes approving publication”)These minutes were sent accompanying a previous FOIA. The “Treasurers Report” was published in the newspaper November 17, 2010. Claudett Peters, willfully submitted the report for publication prior to board approval and then went through the motions to cover the cost of the publication.
  6. In the November 17, 2010 Publisher’s Certificate of Publication of the Treasurers Report (Exhibit 9 Volume 2) under “Expenditures and Expenses” I cite the notation in the Waterworks and Sewerage Fund….Village of Johnsburg...$2,000,000.00. Water and Sewer Funds are restricted funds. How can a taxing body list itself as an “Expenditure or Expense” unless that taxing body is writing checks transferring money out of a restricted fund?
  7. In the October 31, 2008 Publisher’s Certificate of Publication of the Receipts and disbursements (Exhibit 7 Volume 2) under “Expenditures and Expenses” I cite the notation in the Waterworks and Sewerage Fund….Village of Johnsburg…. $251,466.00 Water and Sewer Funds are restricted fund. How can a taxing body list itself as an “Expenditure or Expense” unless that taxing body is writing checks transferring money out of a restricted fund?
  8. Claudett Peters submits the Annual Financial Report to the McHenry County clerk annually as the Treasurer of the Village of Johnsburg. It is unknown how this Annual Financial Report is tendered to the McHenry County Clerk. Claudett Peters commits wire fraud or mail fraud each time an Annual Financial Report is transmitted or sent by representing herself as the “Treasurer” or “Assistant Treasurer”.
  9. Claudett Peters submits the Annual Financial Report to the Illinois State Comptroller as the Treasurer of the Village of Johnsburg. This report is sent via wire transmission. Claudett Peters commits wire fraud each time an Annual Financial Report is transmitted representing herself as the “Treasurer” or “Assistant Treasurer”.
SEE FINANCIAL REPORTS SPREADSHEET PART ONE, TWO, AND THREE

CLAUDETT PETERS AS THE CLERK

**This section is included in the Financial Crimes Summary for the purpose of identifying the statutory non-compliance with regard to financial reporting as well as clear and convincing proof of how these Financial Crimes have gone unchecked, unnoticed and uncontested.
Claudett Peters is appointed to the position of Clerk (Exhibit 22). This position according to the Illinois Statutes is an elected position. Once the population of a municipality reaches the population of 5000 the position is to be placed on the ballot during the election cycle with the President and Board of Trustees. As the Clerk (Local Election Authority) this position may be appointed by the Boards approval of a “Special Acts” Ordinance designating the position of clerk as appointed rather than elected. The population of Johnsburg reached 5000 in the year 2000 as evidenced by the 2000 Census. Claudett Peters as the Local Election Authority refuses to place the position on the ballot for the Voters in Johnsburg to elect a clerk. It is from this position that she attains all of the duties controlling all of the Village of Johnsburg’s assets. By and through her refusal to follow the Election Codes and her willful Election Fraud by not allowing the voters of Johnsburg to a free and open election process, her Financial Crimes in the Village of Johnsburg cannot be stopped without outside intervention.
FOIA sent on June 9, 2011 regarding the Village of Johnsburg’s adoption of an Ordinance or Resolution of “Special Acts” identifying the position of Clerk as appointed rather than elected. The response from the Village of Johnsburg was inconclusive and was submitted to the Illinois Attorney General’s Office by and through the Public Access Counselor’s Office for review and it is determined that there is no “Special Acts” ordinance or resolution therefore since the population reached 5000 as certified by the 2000 Census the position of Clerk was and is to be placed on the ballot in the Election cycle and as the Local Election Authority, Claudett Peters is holding that position hostage from the voters of Johnsburg.
Claudett Peters as the Clerk of the Village of Johnsburg according to the Illinois Statutes is to draft an Affidavit when the Treasurer files the Annual Treasurers Report 65 ILCS 5/3.1-35-65(a). FOIA sent on October 3, 2011 requested a copy of the Affidavit of the Clerk “A True and correct copy of this Annual Treasurers Report was filed with the clerk and published in the newspaper” and the Village of Johnsburg sent a response that stated “NO DOCUMENTS EXIST RESPONSIVE TO THIS REQUEST” (Exhibit 3 & 4) SEE FINANCIAL REPORTS SPREADSHEET PART ONE

***FOIA sent on August 8, 2011 (Exhibit 29) requesting the Financial Reports from the Village of Johnsburg was responded to by the Freedom of Information Officer, Claudette Peters on August 17, 2011 (Exhibit 30) with the requested documents but the FOIA Officer stated that no documents exist for items 2,4,6,8,10,12,14,16,18,20,22,24,26,28. The items denied were the certified board minutes for the statutorily mandated Financial Reports for the Village of Johnsburg. Claudett Peters as the Clerk and or the Village of Director of Operations/Administrator does not have any minutes approving the Annual Reports tendered to the Illinois Comptroller, Annual Audits, and the Monthly Treasurer’s Report. The denial of the existence of minutes approving the statutorily mandated Reports for a taxing body has been sent to the Illinois Attorney General’s Office by and through the Public Access Counselor’s Office for initiation of Investigation as well as the Secretary of State’s Office of Local Records. The communication sent to Gloria Huston as an agent for the Archivist resulted in a letter informing the Haney’s (the Requesters of the FOIA’s) that the information should be turned over to the McHenry County States Attorney’s Office because it is a Class 4 Felony to tamper or destroy permanent records. (See Volume 1 Request for Investigation to McHenry County States Attorney)
Similarly, a FOIA was sent on October 3, 2011 (Exhibit 3) requesting the Financial Reports and Publications of the Collectors and the Treasurer along with a Certified copy of the Board minutes. The Freedom of Information Officer, Claudett Peters responded on behalf of the Village of Johnsburg with the publications but denied items 1 & 4 (item five was resubmitted and reworded). Item 2 was omitted which was the request for the Annual Treasurers Report. Items 1 & 4 were the Collectors Report and the subsequent Affidavit of the Collector.
Claudett Peters, as the Clerk of the Village of Johnsburg and the Freedom of Information Officer has committed a Class Four Felony by concealing, tampering and or disposing of the minutes according to the Local Records Act. (Exhibits 29 & 30)

CONCLUSION:

Claudett Peters as the Clerk of the Village of Johnsburg assumes that role as a pivot point to assume the other roles as the Comptroller/Collector, Director of Operations/Administrator, and the Treasurer which allows her to have complete control of all duties regarding the financial assets of the Village of Johnsburg. The “Clerk” position being withheld from the voters in Johnsburg is willfully being withheld by this “local election authority” so no one else can have access to the position. The Village of Johnsburg voters cannot remove Claudett Peters from office by the election process that is why intervention by the FBI and the US Attorneys Office is necessary. Claudette Peters as the Clerk of the Village of Johnsburg has violated the Illinois Statutes with regards to the accepting of the Annual Treasurer’s Report as well as the non-existing minutes or the concealed minutes according to Exhibits 29 & 30
NO INTERNAL CONTROLS INSIDE THE VILLAGE OF JOHNSBURG

SEE FINANCIAL REPORTS SPREADSHEET PART ONE, TWO, AND THREE

FISCAL YEAR 2006
MAY 1, 2005 TO APRIL 30, 2006
ANNUAL REPORTS

For a clear snapshot of the corrupt movements, the author of this report focuses on the Annual Financial Report that is required to be sent to the Illinois State Comptroller as well as the corresponding County. Johnsburg Illinois is located within the County of McHenry. Freedom of Information Requests were sent to the Village of Johnsburg, the McHenry County Clerk and the Illinois State Comptroller’s office. All three requests were sent requesting the same information to verify that the identical data was being reported.

The McHenry County Clerk cannot locate an Annual Financial Report from the Village of Johnsburg for the 2008 Fiscal year (Volume 2 Exhibit 15). The difficulty in tracking the Financial Reporting of the Village of Johnsburg is due to the fact that deadlines are not met, corresponding minutes of Board Approval are non-existent and Fiscal years run into each other causing an erratic path of reporting.

*The 2006 Fiscal year presents the clear and convincing evidence that the Village of Johnsburg received Federal funds because they report it on their Annual Reports and in the Audit. The following discrepancies exist:

1. Fiscal year ends April 30, 2006
2. Due date for Annual Report, October 30, 2006
3. Report tendered to the Illinois State Comptroller on May 25, 2007
4. Report tendered to the McHenry County Clerk on June, 7, 2007
5. Reports sent to the Illinois State Comptroller and the McHenry County Clerk by Claudett Peters the Clerk/Treasurer
  1. There is no Treasurer in the Village of Johnsburg
  2. The State/Federal Funds (page F3) (226t) state that the General Fund had $69,701and the Enterprise Fund had $933,000
  3. The Audit in Fiscal year 2006 states, “At the close of FY 06, a total of $4,085,550 had been collected in both state and federal funds”. This is found on (page 12, in Volume 2 Exhibit 24).
*The 2007 Fiscal year presents clear and convincing evidence that the Village of Johnsburg is not reporting accurately or factually because not only do the Annual Reports and the Audit differ but the following discrepancies exist:
  1. Fiscal year ends April 30, 2007
  2. Due date for Annual Report, October 30, 2007
  3. Report tendered to the McHenry County Clerk on JANUARY 8, 2007 (FILE STAMPED) Not a type error. Filed stamped 3 ½ months prior to the end of the Fiscal reporting Year.
  4. Report tendered to the Illinois State Comptroller on December 21, 2007
  5. Report sent to the McHenry County Clerk by Claudett Peters, Clerk/Comptroller
  6. Report sent to the Illinois State Comptroller by Claudett Peters, Assistant Treasurer
  7. There is no Treasurer in the Village of Johnsburg
  8. The State/Federal Funds (page F3) (226t) state that the General Fund had $468,461.
  9. The Audit in Fiscal year 2007 on page 11, “At the close of FY 07, a total of $3,642,550 had been collected in both State and Federal Funds for this project.” This is found on page 11, in Volume 2 Exhibit 25.
  10. An initial comparison between the January 8, 2007 Annual Report tendered to the McHenry County Clerk and the December 21, 2007 Annual Report tendered to the Illinois State Comptroller is that they are exactly the same. If an Annual Report is to be an accurate depiction of the Fiscal year, then an Annual Report tendered 3 ½ months before the close of the Fiscal reporting year must be inconclusive and inaccurate. If that exact same report is tendered to the Illinois State Comptroller 11 months later with no changes, then the assumption must be made that the Village of Johnsburg is not accurately and honestly reporting to the County or the State of Illinois.
SEE FINANCIAL REPORTS SPREADSHEET PART ONE, TWO, AND THREE

CONCLUSION

The serious crimes that have been committed by the Village of Johnsburg identified by an Illinois citizen cannot be ignored or glossed over. These crimes continue as more State and Federal Funds are being sought after by the Village of Johnsburg. (See Volume 1, Village Board Report October 2011) If the Attorney for the Village of Johnsburg, the Auditor, the County of McHenry, and the OMB on the Federal level do not monitor these blatant acts then it is up to the Illinois State Comptroller, the Federal Bureau of Investigation and the United States Attorney to intervene on behalf of every citizen in the United States. The office of the State of Illinois Comptroller must initiate a Forensic Audit, take immediate steps to end this Financial Corruption, and work with the FBI and the US Attorney’s Office for the appropriate prosecutions.

The time frame for the Freedom of Information Requests was June through November of 2011. During that time, I had the occasion to speak to the Office of the State Comptroller. In the conversation I was informed that on July 27, 2011, an agent for the Village of Johnsburg had contacted the Office of the State Comptroller and requested that the Village have the opportunity to change the 2006 and 2007 Annual Financial Reports. I find it highly coincidental that it is those two (2) years (2006 and 2007) that show a clear picture of the Financial Crimes that the Village of Johnsburg has committed.

If this investigation and supporting documentation does not fit the definition of “Theft of Honest Services”, with the evidence of corruption, fiscal mismanagement and cover-up I do not know what case would.

If additional information is requested regarding the Illinois Attorney General’s Office, please contact John Schmidt, Senior Assistant Attorney General, 100 W. Randolph Street, Chicago Illinois 60601. If additional information is requested regarding the Secretary of State, please contact Gloria Huston, Archival Program Administration, Illinois State Archives, Margaret Cross Norton Building, 62756 Springfield Illinois. If additional information is requested regarding the Illinois Department of Revenue, please contact Loren Stouffe, Office of Local Government Services, Exemption Section Mail Code-3-520, 101 Jefferson Street, Springfield Illinois 62702.

The Local Records Act places ownership of the documents in the State of Illinois in the hands of every citizen. The guardianship of those documents rest in the elected officials during their term of office. These elected, appointed and hired officials from the Village of Johnsburg have proven that they are not good stewards with the public documents and finances and need to be prosecuted.

If a citizen in the State of Illinois can identify the obvious lack of internal controls, the Federal Fund Form A-133 missing from the Audit yet millions of dollars of Federal Funds mentioned in the Audit, and the numerous violations in the statutes, then certainly a licensed CPA in the State of Illinois should be able to obtain the same information. Therefore, this licensed CPA firm must be prosecuted to the fullest, there will be no “culture of corruption” if true and accurate reporting is achieved in the Audits of taxing bodies.

If the Volumes of evidence and summary have been compiled for a time frame of a few years, then the investigation must include a complete audit of the time frame that this one employee of the Village of Johnsburg has had access to public monies.

In closing, the recent adoption of Ordinance 11-12-13 is included in Volume 1. This Ordinance was adopted on October 18, 2011 for the purpose of authorizing a promissory note for $122,000. The Village of Johnsburg is a municipal corporation that is borrowing $122,000.00 from a resident to purchase property. (See Volume 1 Ordinance 11-12-13)

This information is being submitted to Congressman Joe Walsh, Cory Jobe, Deputy Chief of Staff, Illinois State Comptroller, Robert Grant, FBI and Patrick Fitzgerald, US Attorney. The contact information for the aforementioned recipients is as follows:

Congressman Joe Walsh Illinois State Comptroller
Attention Will Cronin Attention Cory Jobe
432 Cannon House Office Building Deputy Chief of Staff
Washington DC 20515 Comptroller Judy Barr Topinka
202-225-3711 201 Statehouse
202-225-7830 (fax) Springfield Illinois 62706
217-782-2478
217-524-3229 (fax)

Federal Bureau of Investigation US Attorney
Intake, Public Corruption Patrick Fitzgerald
2111 W. Roosevelt Road United States Attorney Office
Chicago Illinois 60608 Northern District of Illinois, Eastern Division
      1. 219 S. Dearborn Street 5th Floor
312-829-5732 (fax) Chicago Illinois 60604
312-829-5738 (fax) 312-353-5300

Charlene Bliss-Beyer
815-354-2267

# posted by Cal Skinner : 8:34 PM

Wednesday, December 14, 2011

McHenry County Board's Community Block Grant Committee By-Laws

BYLAWS McHENRY COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION

I. BACKGROUND

The Community Development Block Grant (CDBG) Program was established by the Federal
Housing and Community Development Act of 1974 (Act). Administered nationally by the U.S.
Department of Housing and Urban Development (HUD), the Act combined eight categorical
programs into a single block grant program. Through this program, funds are available to assist
McHenry County communities meet their greatest economic and community development needs,
with an emphasis upon helping persons of low-to-moderate income.
In order to ensure that the program meets the intent of the Act, as amended and reauthorized by
the National Affordable Housing Act of 1990, Congress has required that entitlement programs
meet at least one of the following three national objectives:

1. Benefiting low and moderate income persons;

2. Aiding in the prevention or elimination of slums and blight; and

3. Meeting other community development needs that pose a serious and immediate threat to
the health and welfare of the community.
Within the statutory requirements of the Act, McHenry County has the flexibility to design its own
program objectives and procedures for program administration and to develop criteria for
selection of grant recipients. The County's CDBG program is intended to supplement the efforts
of localities in initiating and/or engaging in a community development process.
To complement these three federally-mandated national objectives, the County has established
the following specific objectives for its Community Development Block Grant Program:

1. Improvement of public infrastructure and elimination of conditions which are detrimental to
health, safety and public welfare;

2. Conservation of the County's housing stock in order to provide a decent home and a
suitable living environment for persons of low and moderate income;

3. Strengthening of community economic development by creating jobs, stimulating private
investment and expanding the tax base; and,

4. Support of the full range of public services required to make McHenry County a suitable
living environment for its low and moderate income residents.
The McHenry County Community Development Block Grant Commission (Commission) has been
established by the County Board to manage the County's CDBG/HOME grant program. The
Department of Planning and Development will provide staff support to the Commission.
It is intended that the Commission will establish policies and procedures for program
management, review sub-grantee applications and recommend projects for grant funding to the
County Board. The County Board will shall be the responsible entity that makes the final
determination regarding the use and allocation of CDBG/HOME grant funds. The County Board,
through its Chairman, is delegating the responsibility for operating and maintaining this program
in compliance with federal law and all related rules and regulation to the Commission.

II. PURPOSE

It shall be the purpose of the McHenry County Community Development Block Grant Commission
to act as representative body of elected officials and citizens to ascertain facts, prepare
recommend plans and programs, coordinate activities, set priorities for funding and undertake
such other activities that may be necessary and appropriate to accomplish the purpose(s) of the
Act, as approved by the McHenry County Board.

III. MEMBERSHIP

The Commission shall consist of seventeen (17) a minimum of nine (9), maximum of eleven (11)
members comprised of the following:

The Chairman of the County Board shall appoint six (6) County Board Members (one from each
County Board District) and one (1) citizen who shall represent a human service agency within
McHenry County

1. One member of the McHenry County Board,

2. At least one (1) at large delegate from each of the County Board districts based upon
place of residence, which include representation from among the following professions,
associations or organizations: banking industry, McHenry County Association of
Realtors, McHenry County Homebuilder Association, McHenry County Bar Association,
carpenters, electricians, plumbers, building inspectors, architects, engineers,

3. Representation from township supervisors, township road commissioners and/or a
representative from a municipality within McHenry County limited to a mayor, trustee or
manager,

4. Members that represent service agencies that serve McHenry County, and

5. A representative from the McHenry County Housing Authority.
It is known that any Commission member as outlined above, maybe affiliated with an entity that
potentially could seek grant funding. As such, any entity for which an affiliation of said member(s)
exists will be barred from competing for and/or receiving CDBG allocations. For the purposes of
these bylaws, affiliation is defined as a paid and/or non-paid employee/volunteer, staff and/or
board member. An affiliation may also be further defined and determined by McHenry County as
applicable.

All members shall be residents of and/or, employed in McHenry County, and/or serve as an
elected or appointed official serving McHenry County, and shall be actively engaged in business
in, or concerned with the welfare of the people in McHenry County.

The Chairman of the McHenry County Board shall also appoint six (6) citizen at large
representatives, with one representative being appointed from each of the six County Board
districts based upon their place of residence. Recommendations for appointment of the six
citizens at large shall be made by the Community Development Block Grant Commission based
upon application and interviews.

The McHenry County Township Supervisor’s Association shall appoint one (1) Township
Supervisor.

The McHenry County Township Road Commissioner’s Association shall appoint one (1)
Township Road Commissioner.

The McHenry County Economic Development Corporation (EDC) Board of Directors shall appoint
one (1) Board Member.

The McHenry County Housing Authority Board of Commissioners shall appoint one (1)
Commissioner.

The Chairman of the Board shall serve as an ex-officio Member of the Commission and any of its
Subcommittees.

A. APPOINTMENT: Preliminary membership of the Commission shall be appointed by the
Chairman of the County Board in consultation with the Planning and Development Committee
subject to the consent and confirmation by resolution of the full County Board. Future
membership of the Commission shall be determined by recommendation of the P&D
Committee again with the advise and consent of the McHenry County Board.

B. TERMS: Each Commission Member shall be appointed for a two-year term. The initial term
shall commence on October 19, 1995 and end on December 31, 1997. As of January 1, 1998
County Board Members, Township Supervisor, and Township Road Commissioner Members
shall be appointed to a one-year term in order to achieve a staggering of terms. Municipal
Representatives and Representative Citizens of McHenry County shall be appointed to a two year
term. As of January 1, 1999 County Board Members, Township Supervisor, and
Township Road Commissioner Members shall be appointed to a two-year term.
The terms, reappointment, and removal of Commission members shall be as follows:
Commissioners shall serve one (1) term of four (4) years. If available, former Commissioners
may re-apply for an open position after a one-year hiatus. Commission terms are to be
staggered with the goal of having the terms of no more than one-third of the membership
expiring in any given year. Terms of the Commissioners may be adjusted at the time of
preliminary appointment in order to achieve staggered termination dates.

1. Vacancies shall be filled if needed to maintain the minimum number of Commissioners
required herein. Commissioners appointed to fill a vacancy shall be appointed for the
unexpired term of his or her predecessor in the office. If the remaining expired term is
greater than eighteen months, then this shall be considered the newly appointed
Commissioner’s first term.

2. A Commissioner may be removed if he or she fails to attend Commission meetings on
three (3) or more occasions in any twelve (12) consecutive calendar month period, or if he
or she is found to undermine the purposes of the Commission via a majority vote of the
total Commission and said termination is approved by the County Board.

C. COMPENSATION: No member of the Commission shall be entitled to receive any
compensation for services rendered in such office. However, each officer shall be entitled to
reimbursement for any expenses reasonably incurred in performing such services other than
in connection with his attendance at meetings of the Commission or any committee.

C. VACANCIES: When a position on the Commission becomes vacant, the vacancy shall be
filled in a timely fashion in the same manner of appointment and by a person of the
qualification as prescribed in Section III above.

D. ABSENCES: A Commissioner may be removed if he or she fails to attend Commission
meetings on three (3) or more occasions in any twelve (12) consecutive calendar month
period, or if he or she is found to undermine the purposes of the Commission via a majority
vote of the total Commission and approval of the Chairman of the County Board. The
subsequent vacancy shall be filled in accordance with Section III Membership, Item B.
vacancies as stated herein.

IV. OFFICERS

There shall be a Chairman, Vice-Chairman, and Secretary of the Commission. The Chairman
shall be a County board Member and shall be designated as Chairman by the Chairman of the
McHenry County Board at the time of appointment, The Vice-Chairman and the Secretary shall
be elected by the Commission Members from among the Commission Membership.

A. DUTIES:

1. CHAIRMAN: Shall preside at all Commission meetings; appoint Subcommittees
with the advice and consent of the Commission; sign all Resolution and document
requiring to be executed on behalf of the Commission; and perform such other duties
as prescribed by the Commission.

2. VICE-CHAIRMAN: Shall serve, perform all duties and exercise all powers of the
Chairman in the absence of or given the inability of the Chairman to act. The Vice-
Chairman shall assist the Chairman as requested.

3. SECRETARY: Shall provide notices for all regularly scheduled meetings of the
Commission and its Subcommittees at least seven (7) days prior to any such meeting;
provide an agenda and related documents for each such meeting at least seven (7)
days in advance for general distribution; prepare minutes of all meetings of the
Commission and its Subcommittees; and maintain all records of the Commission's
operations. The County Board Office shall provide clerical support to the
Commission and its Secretary.

B. TERMS: Officers shall serve from the date of their appointment/election for a term of two
(2) years.

C. SUCCESSION: Officers may serve two year terms in succession.

A. OFFICERS: The Officers of the Commission shall be a Chairman, a Vice-Chairman, and
other such officer positions as established by the Chairman of the Commission. Officers
whose authority and duties are not outlined in these bylaws shall have authority at the
discretion of the Chairman.

B. TERM AND APPOINTMENT: The Chairman of the Commission shall be a member of the
County Board appointed by the Chairman of the McHenry County Board and shall serve for a
term of two (2) years from the date of their appointment. The appointed Chairman shall be
subject to reappointment by the Chairman of the McHenry County Board for one additional
term successive. Other officers of the Commission shall be elected by the members of the
Commission and shall serve for a term of two (2) years with a maximum of two (2) terms
successive or otherwise. Vacancies may be filled or new offices created and filled at any
meeting of the Commission by a majority vote of the membership present. The Vice-
Chairman shall be determined by a majority vote of the Commission.

C. REMOVAL: Any officer elected by the members of the Commission may be removed by a
majority vote of the members of the Commission whenever in their judgment as prescribed in
Section III.B.2 the best interests of the Commission would be served thereby, subject to
approval from the Chairman of the McHenry County Board and the Chairman of the Block
Grant Commission.

D. CHAIRMAN: The Chairman shall be in charge of the business and affairs of the
Commission; he or she shall see that the resolutions and directives of the Commission are
carried into effect except in those instances in which that responsibility is assigned to staff;
and, in general, he or she shall discharge all duties incident to the office of Chairman and
such other duties as may be prescribed by the Commission. The Chairman shall preside at
all meetings of the Commission except in those instances in which the authority to execute is
expressly delegated to another officer or agent of the Commission or a different mode of
executive is expressly prescribed by the Commission or these bylaws.

E. VICE-CHAIRMAN: The Vice-Chairman shall perform the functions of the Chairman when the
Chairman is not present at regular or special meetings of the Commission and otherwise
perform the functions of the Chairman when the Chairman is unavailable or incapable of
performing those functions.

V. MEETINGS

All meetings of the Commission and its Subcommittees shall be open to the public and shall be
conducted in accordance with the Illinois Open Meetings Act as may be amended from time to
time. The Commission shall maintain its principal office in care of the McHenry County
Department of Planning & Development, 2200 Seminary, Woodstock, Illinois 60098. Other
offices within McHenry County may be designated from time to time by the Commission.

A. ORGANIZATIONAL MEETING: The first meeting of the Commission shall be an
organizational meeting and shall be held within thirty (30) days of approval of these By-
Laws by the County Board.

B. REGULAR MEETINGS: There shall be regularly scheduled meetings of the
Commission. The Commission shall set the schedule of meetings. Said schedule shall
take cognizance of the time required to meet the U.S. Department of Housing and Urban
Development application requirements or the requirements of any agency of the State of
Illinois.

C. SPECIAL OR EMERGENCY MEETINGS: The Chairman may call special of
emergency meetings of the Commission on his/her own initiative or at the request of onethird
of the Commission Members (6). Notice of special meetings shall be given at least
two business days prior to such meetings to each Commission Member. Notice of
emergency meetings shall be given with as much notice as possible to the Commission
Members. The notice shall include the time, date and location of the special or
emergency meeting. Business conducted at a special or emergency meeting shall be
limited to those items specified in the agenda for said meeting(s).

E. PLACE: All meetings of the Commission shall be held in the McHenry County
Government Center, unless otherwise designated by the Commission.

A. REGULAR MEETINGS: There shall be a minimum of three (3) regular meetings of the
Commission per calendar year. Regular meetings will be set each year by an annual
calendar schedule. The Chairman of the Commission will enforce the Commission calendar
and comply with necessary provisions to properly notice members of the Commission and the
general public in accordance with the Illinois Open Meetings Act.

B. SPECIAL MEETINGS: Special meetings of the Commission may be called, pursuant to the
Illinois Open Meetings Act as amended, by the Chairman or no less than one-third of the total
members of the Commission, and subsequent notice is to be at minimum forty-eight (48)
hours prior to the established meeting date for Commissioners and the general public. The
location of the meeting is per the party of request and shall follow meeting guidelines as
contained above.

C. NOTICE: Notice of all meetings of the Commission shall be given in accordance with the
Illinois Open Meetings Act by written notice delivered personally or sent by mail, fax or email
to each member at his or her address as shown by the records of the Commission and stated
preferred method of contact. If mailed, such notice shall be deemed to be delivered when
deposited in the United States mail in a sealed envelope so addressed, with postage thereon
prepaid. If sent by electronic copy, such notice shall be deemed to be delivered as of the
date of the transmission.

D. ORDER OF BUSINESS: The Commission shall generally observe the following order of
business at all meetings of the Commission and its Subcommittees:
1. Call to Order
2. Roll Call of Members
3. Approval of Minutes
4. Public Participation
5. Old Business
6. New Business
7. Reports to the Commission
8. Members Comments, Miscellaneous Business and Announcements
9. Adjournment

VI. SUBCOMMITTEES AD-HOC COMMITTEES/TASK FORCE MEMBERSHIP

The Chairman may appoint, with the consent of the Commission, Subcommittees deemed
appropriate.

The Commission may create one or more ad-hoc committees or task forces and authorize it to
accomplish a specific purpose. Each ad-hoc committee or task force shall act at the sole
discretion of the Commission via instruction of the Chairman and shall report all actions and
activities to the Commission. All ad-hoc committees and task forces shall be chaired by a
member of the Commission, but non-commission members may serve on the body.

VII. QUORUM

A quorum shall consist of a majority of the Commission members (9). A quorum shall be required
for the conduct of business by the Commission. A quorum of any Subcommittee subsequently
appointed shall be a majority of members of the Subcommittee.
A majority of the total voting membership shall constitute a quorum at any meeting of the
Commission. If a quorum is not present, the majority of the total members present shall adjourn
the meeting to another date and time.

VIII. VOTING REQUIREMENTS

Each designated voting Commission Member is entitled to one (1) vote on all matters coming
before the Commission and requiring a vote of the Commission. The vote must be cast by the
Member, who must be in attendance at a duly appointed, legally called meeting of the
Commission. No proxy votes or absentee voting shall be permitted.

The concurrence of a majority of the total Commission Members (9) voting-member bloc is
necessary for the passage of any motion incurring a financial obligation or approving the
allocation of grant funds to subrecipients. All other actions of the Commission shall require a
majority of the Commission Members present (voting or ex-officio), provided there is a quorum
present.

A vote on a motion to reconsideration may be made at any time prior to the adjournment of the
meeting at which the original motion was voted upon. A motion for reconsideration must be made
by a Commission Member who voted on the prevailing side of the original motion.

IX. RULES OF ORDER

The Chairman shall preside at all Commission meetings, shall preserve decorum and shall
conduct said meetings in an orderly fashion. The Chairman may speak to points of order and
shall decide all questions of procedure. The Chairman shall vote in case of a tie and may vote on
any matter before the Commission. Questions of procedure for meetings of the Commission not
covered by these Bylaws, shall be governed by the latest edition of Roberts Rules of Order,
Revised. In case of any disturbance or disorderly conduct, the Chairman shall have the power to
remove the cause of same or suspend the meetings.

The Commission shall follow Robert’s Rules of Order in the conduct of each meeting and comply
with the requirements of the Illinois Open Meetings Act as amended.

X. DISQUALIFICATION/CONFLICT-OF-INTEREST PROVISIONS
 
[Part in brackets being removed.]
[No Commission Member who has an individual financial or other material interest in any matter coming before the Commission shall participate in the deliberations or the decisions in such matters. Furthermore, Members who recognize that they may have such an interest shall so
state during the public deliberations of the Commission.]

No Commission member who has a direct financial interest, or is an employee or representative
in any capacity of an entity having an interest in any matter coming before the Commission shall
participate in the deliberation or the decision in such matters. In the event a member believes
that he or she has a conflict of interest on any matter before the Commission, prior to any
discussion of the issue, indicate to the Commission that a conflict exists and inform the
Commission that he or she will be abstaining from any discussion and vote on the matter.
However, a member may be allowed to answer questions or present factual information if
requested by the Chairman of the Commission.

In order to serve on the CDBG Commission, voting-bloc Members agree to abide by the
provisions of 24 CFR 92.356, 24 CFR 85.36 and 24 CFR Part 84.42 with respect to conflicts of
interest, and covenants and certifies that he or she presently has no financial interest and shall
not acquire any financial interest direct or indirect, or any such benefit, which would conflict in any manner or degree with the performance of services required per their term of office as a voting bloc Member. In addition to not being allowed to have a financial interest as stated above, voting bloc Members shall not be employed or retained by any subrecipient organization. These conflicts of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of a McHenry County subrecipient organization. Lastly,
voting-bloc Members as outlined herein may not acquire a financial interest or any such benefit
due to family or business ties to a member, an employee, agent, consultant, officer, or elected
official or appointed official of the Participating Jurisdiction known as the County of McHenry,
Illinois.

XI. RESCISSION

No action of the Commission shall be rescinded at any special meeting of the Commission unless
there shall be present at such special meeting at least as many voting-bloc Members as were
present at the meeting at which such action was originally approved.

[Entire section being removed.]
{XII. DURATION

The Commission shall continue to exist until all CDBG/HOME funds have been expended,
returned to the funding agency, or otherwise accounted for the satisfaction of the funding agency.]

XIII. AMENDMENT

[Part in brackets being removed.]
[These By-Laws may be amended by Resolution of the McHenry County board by simple majority
of those voting at a regular or special meeting thereof.]

These bylaws are subject to review and approval of the McHenry County Board. The power to
amend or repeal these bylaws or adopt new bylaws may be exercised by no less than a majority
of the current membership of the Commission or at the request and discretion of the McHenry
County Board and final approval by and of a Resolution of the McHenry County Board by simple
majority of those voting at a regular or special meeting thereof.

ATTACHMENT A: Proposed Amended CDBG Bylaws December 2011

# posted by Cal Skinner : 7:08 PM

McHenry County Correctional Officers Unit II Negotiated Contract

RESOLUTION
AUTHORIZING A CONTRACT AGREEMENT BETWEEN ILLINOIS
FRATERNAL ORDER OF POLICE – MCHENRY COUNTY CORRECTIONAL
OFFICERS – UNIT II AND THE COUNTY OF MCHENRY

WHEREAS, the County, Sheriff and representatives from the Fraternal Order of Police –
McHenry County Correctional Officers – Unit II have negotiated a tentative contract agreement;
and

WHEREAS, the Director of Human Resources, the Special State’s Attorney and
Sheriff’s representatives negotiated this agreement on behalf of the County; and

WHEREAS, the Director of Human Resources, the Special State’s Attorney and
Sheriff’s representatives have reviewed and recommend approval of the contract between the
County of McHenry and Fraternal Order of Police – McHenry County Correctional Officers –
Unit II; and

WHEREAS, the Law and Justice Committee, the Human Resource Committee and the
Finance and Audit Committee have reviewed and concur with the approval of the contract.

NOW, THEREFORE BE IT RESOLVED, that the County Board of McHenry County,
Illinois hereby authorizes the County Board Chairman to execute all necessary documents to
enter into the aforementioned agreement at the request of the County Board; and

BE IT FURTHER RESOLVED, that the County Board of McHenry County, Illinois
hereby authorizes all necessary retroactive pay as provided in the contract; and

BE IT FURTHER RESOLVED, that the County Clerk of McHenry County is
requested to distribute a certified copy of this Resolution to the Sheriff, Director of Human
Resources, County Auditor, County Administrator, Deputy County Administrator and Associate
County Administrator – Finance.

DATED at Woodstock, Illinois, this 20th day of December, A.D., 2011.
______________________________________
KENNETH D. KOEHLER, Chairman
McHenry County Board
ATTEST:
____________________________________
KATHERINE C. SCHULTZ, County Clerk

AGREEMENT Between COUNTY OF MCHENRY
and the MCHENRY COUNTY SHERIFF and
ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL
for the UNIT II CORRECTIONAL OFFICERS BARGAINING UNIT

EFFECTIVE DECEMBER 1, 2011- NOVEMBER 30, 2014

Table of Contents

ARTICLE I -­‐ RECOGNITION.......................................................................................................1
Section 1.1. Unit Description............................................................................................................1 Section 1.2. Supervisors...................................................................................................................1 Section 1.3. Sheriff’s Auxiliary..........................................................................................................2 Section 1.4. Short-­‐Term/Part-­‐Time Employees................................................................................2 Section 1.5.  Job Class Duty Changes.................................................................................................2 ARTICLE I I -­‐ NEW CLASSIFICATIONS AND VACANCIES.......................................................2
Section 2.1. New Classifications.......................................................................................................2 Section 2.2. Vacancies......................................................................................................................3 Section 2.3. Assignments.................................................................................................................3 ARTICLE Ill -­‐ NON-­‐DISCRIMINATION........................................................................................4 Section 3.1.  Equal Employment Opportunity....................................................................................4 Section 3.2. Prohibition Against Discrimination................................................................................4 Section 3.3 Council Membership or Activity.....................................................................................4 ARTICLE IV -­‐ MANAGEMENT RIGHTS.......................................................................................4 ARTICLE V -­‐ SUBCONTRACTING...............................................................................................5 Section 5.1. General Policy...............................................................................................................5 ARTICLE VI -­‐ DUES DEDUCTION AND FAIR SHARE.................................................................6 Section 6.1. Dues Deduction............................................................................................................6 Section 6.2. Dues.............................................................................................................................6 Section 6.3. Fair Share.....................................................................................................................6 Section 6.4. Indemnification............................................................................................................7 ARTICLE VII -­‐ BILL OF RIGHTS...................................................................................................7 ARTICLE VIII -­‐ MAINTENANCE OF STANDARDS.......................................................................8 ARTICLE IX -­‐ F.O.P. REPRESENTATIVES.....................................................................................8 Section 9.1. Grievance Processing....................................................................................................8 Section 9.2. Delegates to F.O.P. Conferences...................................................................................9  Section 9.3. Council Negotiating Team.............................................................................................9 Section 9.4. Notification of Representatives.....................................................................................9 ARTICLE X -­‐ NO STRIKE............................................................................................................9 Section 10.1. No Strike Commitment...............................................................................................9 Section 10.2. Performance of Duty.................................................................................................10 Section 10.3. Resumption of Operations........................................................................................10 Section 10.4. Council Liability....................................................................................................10
Section 10.5. Discipline of Strikers.............................................................................................10  ARTICLE XI -­‐ IMPASSE RESOLUTION................................................................................11 ARTICLE XII -­‐ INDEMNIFICATION......................................................................................11 Section 12.1. Employer Responsibility........................................................................................11 Section 12.2. Legal Representation..............................................................................................11 Section 12.3. Cooperation.............................................................................................................11 Section 12.4. Applicability............................................................................................................11 ARTICLE XIII -­‐ PERSONNEL FILES.......................................................................................12 Section 13.1. Personnel Files........................................................................................................12 Section 13.2. Inspection................................................................................................................12 Section 13.3. Notification..............................................................................................................13 Section 13.4. Investigation.............................................................................................................13 ARTICLE XIV -­‐ DISCIPLINE AND DISCHARGE...................................................................13 Section 14.1. Discipline and Discharge..........................................................................................13 Section 14.2. Limitation.................................................................................................................14 Section 14.3. Pre-­‐Disciplinary Meeting.........................................................................................14 Section 14.4. Investigatory Interviews...........................................................................................14 Section 14.5. Internal Investigations..............................................................................................15 ARTICLE XV -­‐ DRUG TESTING................................................................................................15 Section 15.1. Statement of Policy...................................................................................................15 Section 15.2. Prohibitions..............................................................................................................15 Section 15.3. Drug and Alcohol Testing Permitted..........................................................................15 Section 15.4. Order to Submit to Testing........................................................................................16 Section 15.5. Test To Be Conducted...............................................................................................16 Section 15.6. Right To Contest .......................................................................................................17 Section 15.7. Voluntary Requests For Assistance............................................................................18 Section 15.8. Discipline..................................................................................................................18 ARTICLE XVI -­‐ DISPUTE RESOLUTION AND GRIEVANCE PROCEDURE.........................19
Section 16.1. Definition of a Grievance ..........................................................................................19
Section 16.2. Dispute Resolution ....................................................................................................19
Section 16.3. Representation.........................................................................................................19
Section 16.4. Subject Matter..........................................................................................................20
Section 16.5. Time Limitations.......................................................................................................20
Section 16.6. Grievance Processing................................................................................................20
Section 16.7. Grievance Meetings..................................................................................................20
Section 16.8. Steps in Procedure ....................................................................................................21
Section 16.9. Advanced Grievance Step Filing................................................................................22
Section 16.10. Pertinent Witnesses and Information ......................................................................23
ARTICLE XVII -­‐ SENIORITY ......................................................................................................23
Section 17.1. Definition of Seniority ...............................................................................................23
Section 17.2. Probationary Period ..................................................................................................23
Section 17.3. Seniority List .............................................................................................................23
Section 17.4. Termination of Seniority ...........................................................................................24
Section 17.5. Seniority While On Leave or Promotion....................................................................24
Section 17.6. Shift Bidding .............................................................................................................24
Section 17.7. Seniority Tie Breaking..............................................................................................25
ARTICLE XVIII -­‐ LAYOFFS........................................................................................................25
Section 18.1. Layoff .......................................................................................................................25
Section 18.2. Layoff Order ..............................................................................................................26
Section 18.3. Recall ........................................................................................................................26
ARTICLE XIX -­‐ VACATIONS.....................................................................................................27
Section 19.1. Vacation Leave ..........................................................................................................27
Section 19.2. Vacation Pay.............................................................................................................27
Section 19.3. Vacation Requests....................................................................................................27
Section 19.4. Pro-­‐Ration Upon Termination...................................................................................28
ARTICLE XX -­‐ HOLIDAYS/PERSONAL DAYS.............................................................................29
Section 20.1. Number of Holidays ..................................................................................................29
Section 20.2. Holiday Observance .................................................................................................29
Section 20.3. Holiday Pay...............................................................................................................29
Section 20.4. Personal Days...........................................................................................................30
Section 20.5. Time Worked............................................................................................................31
ARTICLE XXI -­‐ SECONDARY EMPLOYMENT.............................................................................31
Section 21.1. Notification of Secondary Employment.....................................................................31
Section 21.2. Secondary Employment Prohibitions........................................................................31
ARTICLE XXII -­‐ SICK LEAVE .....................................................................................................32
Section 22.1. Allowance .................................................................................................................32
Section 22.2. Accrual and Procedures............................................................................................33
Section 22.3. Unused Leave or Retirement.....................................................................................34
Section 22.4. Sick Leave Abuse .......................................................................................................34
ARTICLE XXIII -­‐ HOURS OF WORK ..........................................................................................34
Section 23.1. Regular Hours ...........................................................................................................34
Section 23.2. Work Period ..............................................................................................................35
Section 23.3. Work Day and Shift ..................................................................................................35
Section 23.4. Work Schedule..........................................................................................................35
Section 23.5. Meal Periods............................................................................................................35 Section 23.6. Breaks  ......................................................................................................................36
Section 23.7. Overtime..................................................................................................................36
Section 23.8. Compensatory Time Use..........................................................................................36
Section 23.9. Court Time...............................................................................................................37
Section 23.10. Call Back................................................................................................................37
ARTICLE XXIV -­‐ WORKING OUT OF CLASSIFICATION...........................................................38
Section 24.1. Senior Rank Recognition ...........................................................................................38
Section 24.2. Senior Rank/Vacation Sick Leave...............................................................................38
Section 24.3. Senior Rank Six Months or More ...............................................................................38
Section 24.4. Light Duty .................................................................................................................38
Section 24.5 Line of Duty Injury.....................................................................................................39
ARTICLE  XXV – WAGES/COMPENSATION/ALLOWANCES .....................................................39
Section 25.1. Wage Schedules ........................................................................................................39
Section 25.2 Placement and Schedules ...........................................................................................39 Section 25.3. Clothing Allowances ..................................................................................................40
Section 25.4. Reimbursement of Training and Various Expenses....................................................41
Section 25.5 Corrections Training Officer.......................................................................................41
ARTICLE XXVI -­‐ BENEFITS AND PENSIONS ........................................................................42
Section 26.1. Health Benefits .........................................................................................................42
Section 26.2. Retiree Medical Benefits...........................................................................................43
Section 26.3. Death Benefit............................................................................................................45
Section 26.4. Pensions...................................................................................................................45
Section 26.5. Deductions ...............................................................................................................45
Section 26.6. IRC Section 125 Plan ...............................................................................................45
ARTICLE XXVII -­‐ LABOR MANAGEMENT/SAFETY COMMITTEE...................................45
Section 27.1. Labor Management Conferences .............................................................................45
Section 27.2. Integrity of Grievance Procedures .............................................................................46
Section 27.3. Safety Issues............................................................................................................46
Section 27.4. Reports.....................................................................................................................47
Section 27.5. Council Representative Attendance ..........................................................................47
ARTICLE XXVIII -­‐ GENERAL PROVISIONS ...........................................................................47
Section 28.1. Use of Masculine Pronouns .......................................................................................47
Section 28.2. Work Rules. General Orders and County Policy .........................................................47
Section 28.3. F.O.P. Access to Employer Premises ..........................................................................48
Section 28.4. Weapon Maintenance ...............................................................................................48
Section 28.5. F.O.P. Examination of Pay Records ............................................................................48
Section 28.6. Damages Personal Property ......................................................................................48
Section 28.7. Inoculations ..............................................................................................................49
Section 28.8. Bulletin Boards .........................................................................................................49
Section 28.9. Location of Meetings ................................................................................................49
Section 28.10 Residency .................................................................................................................49
ARTICLE XXIX -­‐ SAVINGS CLAUSE .......................................................................................49
ARTICLE XXX -­‐ LEAVES OF ABSENCE ..................................................................................50
Section 30.1. Discretionary Leave ...................................................................................................50
Section 30.2. Absence Due to Death in Immediate Family..............................................................50
Section 30.3. Jury Duty ..................................................................................................................51
Section 30.4. Military Leave...........................................................................................................51
Section 30.5. Maternity Leave........................................................................................................51
Section 30.6. Leave to Conduct Council Activities...........................................................................51
Section 30.7. Prohibition Against Misuse of Leaves ........................................................................52
ARTICLE XXXI -­‐ COMPLETE AGREEMENT ............................................................................52
ARTICLE XXXII -­‐ DURATION AND SIGNATURE ....................................................................52
Section 32.1. Term of Agreement ...................................................................................................52
Section 32.2. Continuing Effect......................................................................................................53
Section 32.3. Procedure on Notice of Termination.........................................................................53
EXHIBIT 1 – Wage Scale.........................................................................................................54
EXHIBIT 2 – Dues Deduction Form.........................................................................................55
EXHIBIT 3 – Side Letter Regarding Insurance........................................................................56
EXHIBIT 4 – Grievance Form..................................................................................................57

This Agreement is entered into by the County of McHenry, a body politic and corporate,
by its duly constituted County Board and the Sheriff of McHenry County, hereinafter
referred to as the “Employer,” and the Illinois F. 0. P. Labor Council hereinafter referred
to as the “Council.”

The purpose of this Agreement is to provide and orderly collective bargaining
relationship between the Employer and the Council representing the Employees in the
bargaining unit, and to make clear the basic terms upon which such relationship
depends. It is the intent of both the Employer and the Council to work together to provide
and maintain satisfactory terms and conditions of employment, and to prevent as well as
to adjust misunderstandings and grievances relating to Employees wages, hours and
working conditions.

In consideration of 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 I - RECOGNITION

Section 1.1. Unit Description

The Employer hereby recognizes the Council as the sole and exclusive collective
bargaining representative for the purpose of collective bargaining on matters relating to
wages, hours, and other terms and conditions of employment as follows:

Unit II - Correctional Officers Unit

Included: Merited Deputy Sheriffs and non-merited corrections officers, in the
Corrections Division assigned to the correctional facility in the Corrections Division.

Excluded: Sheriff, Corrections Administrator, Registered Nurse, Undersheriff,
Correctional Sergeants, supervisory, managerial, confidential Employees and all others
excluded by the Act, and all other Employees of the Sheriff’s Office.

Section 1.2. Supervisors

Supervisors may continue to perform bargaining unit work, which is incidental to their
jobs. They may also perform bargaining unit work in emergency situations and where
such work is necessary to train a bargaining unit Employee. Such work by supervisors
shall not cause any layoffs of the bargaining unit Employees.

Section 1.3. Sheriff’s Auxiliary

The Employer may continue to utilize the services of the McHenry County Sheriff’s
Deputy and Police Auxiliary, the posse and snow mobile volunteer units, to perform
bargaining unit work in accordance with past practice and applicable Illinois law. Such
utilization shall not cause any layoffs of the bargaining unit Employees.

Section 1.4. Short-Term/Part-Time Employees

The Employer may continue to utilize the services of short-term and part-time
Employees to perform bargaining unit work in accordance with past practice and
applicable Illinois law. Such utilization shall not cause any layoffs of the bargaining unit
Employees.

Section 1.5. Job Class Duty Changes

The parties agree that administrative reorganization of the Sheriff’s Office may result in
job duty changes for included or excluded job classifications and the parties agree to
negotiate in good faith over the inclusion or exclusion of such amended job classification
in the bargaining unit.

ARTICLE II - NEW CLASSIFICATIONS AND VACANCIES

Section 2.1. New Classifications

Where the Employer finds it necessary to create a new job classification, which falls
within the bargaining unit, the Employer and Council agree to jointly petition the State
Labor Board to seek the necessary unit clarification unless the parties can mutually
agree on the addition of the classification to the bargaining unit.
If the inclusion of a new position classification is agreed to by the parties or found
appropriate by the Labor Board, the parties shall negotiate as to the proper pay grade for
the classification. If no agreement is reached within thirty (30) calendar days from the
date its inclusion was determined, Council may appeal the proposed pay grade to the
3rd step of the grievance procedure.
The second or third step of the grievance procedure an arbitrator shall determine the
reasonableness of the proposed salary grade in relationship to:
a) The job content and responsibilities attached thereto in comparison with the job
content and responsibilities of other position classifications in the Employer’s work
force;
b) Like positions with similar jobs content and responsibilities within the labor market
generally;
c) Significant differences in working conditions to comparable position
classifications.

The pay grade originally assigned by the Employer shall remain in effect pending the
decision.

If the decision of the second or third step grievance procedure or arbitrator is to increase
the pay grade of the position classification, such rate change shall be applied retroactive
to the date of its installation.

Upon installation of the new position classification, the filling of such position
classification shall be in accordance with past practice posting procedures or to Section
2 procedures of this Article, which ever are applicable.

Section 2.2. Vacancies

Vacancies in Unit II shall be filled at the sole discretion of the Sheriff.

Section 2.3. Assignments

Duty assignments by the Sheriff for Classification Officers, Program Officers, Road Crew
Officers, Court Officers, Video Court Officers, Property room Officers and Quartermaster
will be based upon qualifications, ability and skill all as determined by the Sheriff.
Qualifications, ability and skill being equal, the assignment will be made by seniority, in
reviewing the discretion of the Sheriff, his decision may reverse only upon a showing that
it is arbitrary or capricious and against the manifest weight of the evidence.

ARTICLE Ill - NON-DISCRIMINATION

Section 3.1. Equal Employment Opportunity

The Employer will continue to provide equal employment opportunity for all officers, and
develop and apply equal employment practices.
Section 3.2. Prohibition Against Discrimination

Both the Employer and the Council agree not to illegally discriminate against any
Employee on the basis of race, sex, creed, religion, color, age or national origin, or
disability.

Section 3.3 Council Membership or Activity

Neither the Employer nor the Council shall interfere with the right of Employees covered
by this Agreement to become or not become members of the Council, and there shall be
no discrimination against any such Employees because of lawful Council membership or
non-membership activity or status.

ARTICLE IV - MANAGEMENT RIGHTS

The Employer possesses the sole right to operate the Sheriff’s Office of the County and
all management rights repose in it. Nothing herein shall affect the internal control
authority of the Sheriff. Except as specifically amended, changed or modified by the
Agreement, these management rights include, but are not limited to, the following.

a) To direct all operations of the Sheriff’s Office;
b) To determine the overall budget;
c) To establish work rules and schedules of work;
d) To create an organizational structure; to hire or promote from the eligibility list,
transfer, schedule and assign Employees in positions and to create, combine,
modify and eliminate positions within the Sheriff’s Office;
e) To suspend, discharge and take other disciplinary action for just cause against
Employees under the established work rules and regulations of the Sheriff’s Office
and the provisions of this Agreement;
f) To lay off Employees according to the terms of this Agreement;
g) To determine quality and maintain efficiency of the operations of the Sheriff’s
Office;
h) To introduce new or improved methods or facilities;
i) To change existing methods or facilities;
j) To determine the kinds, quality and amounts of services to be performed as
pertains to Sheriff’s Office and County operations; and the number and kind of
classifications to perform such services;
k) To contract out for goods or services;
l) To establish, implement and maintain an effective internal control program;
m) To establish rules relating to those items not subject to arbitration under Section
1614 (i) of the public Employees Labor Relations Act of Illinois, except to the
degree to the impact of such items;
n) To determine the methods, means and personnel by which Sheriff’s Office
operations are to be conducted;
o) To take whatever action is necessary to carry out the functions of the Sheriff’s
Office in situations of emergency.

Nothing in this Article is intended to alter or abrogate the intention or authority of any
other article contained in this Agreement. Anything not specifically provided for pursuant
to this Collective Bargaining Agreement shall be left to the exclusive discretion of the
Employer.

ARTICLE V - SUBCONTRACTING

Section 5.1. General Policy

It is the general policy of the Employer to continue to utilize the Employees to perform
work they are qualified to perform. However, the Employer reserves the right to contract
out any work it deems necessary in the interest of economy, improved work product, or
emergency, provided such subcontracting will not cause the layoff or reduction in force of
any bargaining unit employee.

ARTICLE VI - DUES DEDUCTION AND FAIR SHARE

Section 6.1. Dues Deduction

Upon receipt of a written and signed authorization form from an Employee, the Employer
shall deduct the amount of Council dues set forth in such form and any authorized
increases therein, and shall remit such deductions monthly to the Illinois Fraternal Order
of Police Labor Council at the address designated by the Council in accordance with the
laws of the State of Illinois. The Council shall advise the Employer of any increase in
dues, in writing, at least thirty (30) days prior to its effective date.

Section 6.2. Dues

With respect to any Employee covered by this Agreement, on whose behalf the
Employer receives written authorization in a form agreed upon by the Council and the
Employer, shall deduct from the wages of the Employee the dues and/or financial
obligation uniformly required and shall forward the full amount to the Council 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 the schedule to be submitted to the
Employer by the Council. Authorization for such deduction shall only be irrevocable by
providing thirty (30) days written notice to the Employer and the Council.

Section 6.3. Fair Share

Any present Employee covered by this Agreement who is not a member of the Council
shall be required to pay a fair share (not to exceed the amount of Council dues) of the
cost of the collective bargaining process, contract administration in pursuing matters
affecting wages, hours, and other conditions of employment, but not to exceed the
amount of dues uniformly required of members. All Employees covered by this
Agreement who are hired on or after the effective date of this Agreement and who have
not made application for membership shall, on or after the thirtieth (30th) day of their
hire, also be required to pay a fair share as defined above.

The Employer shall, with respect to any covered Employee in whose behalf the
Employer has not received a written authorization as provided for above, deduct from the
wages of the covered Employee the fair share financial obligation, including any
retroactive amount due and owing, and shall forward said amount to the Council on the
tenth (10th) day of the month following the month in which the deduction is made, subject
only to the following:

1) The Council has certified to the Employer that the affected covered Employee has
been delinquent in his/her obligation for at least thirty (30) days;
2) The Council has certified to the Employer that the affected covered Employee has
been notified in writing of the obligation and the requirement for each provision of
this Article and that the Employee has been advised by the Council of his/her
obligations pursuant to this Article and of the manner in which the Council has
calculated the fair share fee;
3) The Council has certified to the Employer that the affected covered Employee has
been given a reasonable opportunity to prepare and submit any objections to the
payment and has been afforded an opportunity to have said objections
adjudicated before an impartial arbitrator assigned by the Employee and the
Council for the purpose of determining and resolving any objections the Employee
may have to the fair share fee.

Section 6.4. Indemnification

The Council hereby indemnifies and agrees to hold the Employer harmless against any
and all claims, demands, suits, or other forms of liability that may arise out of or by
reason of any proper action taken by the Employer for the purpose of complying with the
provisions of this Article.
ARTICLE VII - BILL OF RIGHTS 

If the inquiry, investigation or interrogation of a peace officer results in the
recommendation of some action, such as transfer, suspension, dismissal, loss of pay,
reassignment, or similar action which would be considered a punitive measure, then
before taking such action, the Employer shall follow the procedures set forth in 50 ILCS
725/1 of the Illinois Compiled Statutes. The officer may be relieved of duty pending
formal hearing and shall receive all ordinary pay and benefits, as he/she would have if
he/she were not charged. The employee shall have the right to be represented at such
inquiries, investigations or interrogations by a Council representative.
In the case of recommended suspensions pending discharge, the officer may be relieved
of duty without pay for a period of up to thirty (30) days during which a hearing shall be
held on the recommended discharge.

ARTICLE VIII - MAINTENANCE OF STANDARDS

The parties have mutually negotiated all economic benefits for which they wish to include
with their employment relationship pursuant to this Agreement. Both parties agree that
the employees will continue to enjoy those economic benefits and any changes therein
shall be mutually negotiated between the parties. Any economic provisions, which are
not specifically provided for in this Agreement, may be modified by the Employer upon a
showing of reasonable business necessity or operational need of the Sheriff’s Office.
Thirty (30) days prior to implementation, the Employer will notify the Union and the
parties shall immediately sit down to negotiate the changes. If the parties are not able to
agree on the implementation of the changes proposed by the Employer, then they shall
arbitrate in accordance with the procedures set forth in the IPLRA as amended. The
County shall not take action to decrease the Sheriff’s budget with the intention of
undermining the application of this Article.

ARTICLE IX - F.O.P. REPRESENTATIVES

For the purposes of administering and enforcing the provisions of this Agreement, the
Employer agrees as follows:

Section 9.1. Grievance Processing

Reasonable time while on duty shall be permitted to Council representatives for the
purposes of aiding or assisting or otherwise representing Employees in processing of
grievances or exercising other rights set forth in this Agreement, and such reasonable
time shall be without loss of pay.

Section 9.2. Delegates to F.O.P. Conferences

Any Employee(s) chosen as delegate(s) to an F.O.P. state or national conference will,
upon written application approved by the Council and submitted to the Employer with at
least fourteen (14) days notice, be given a leave of absence without pay for the period of
time required to attend such convention or conference. This period of time shall not
exceed one (1) week. No more than two (2) Employees shall be approved for leave as
provided in this Section in any calendar year. The Employee may utilize existing vacation
or compensatory time in lieu of such unpaid leave, subject to scheduling requirements of
the Sheriff’s Office. Such requests shall not be unreasonably denied.

Section 9.3. Council Negotiating Team

Up to two (2) Members designated as being on the Council 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 Council 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 9.4. Notification of Representatives

The Council shall notify the Employer on December 1st of each year, the officers and
stewards, if any, of the Union and the Employer shall notify the Union of its designated
representative.

ARTICLE X - NO STRIKE

Section 10.1. No Strike Commitment

Neither the Council nor any bargaining unit member will call, initiate, authorize,
participate in, sanction, encourage, or ratify any work stoppage, slow down, or the
concerted interference with the full, faithful and proper performance of the duties of
employment with the Employer during the term of this Agreement. Neither the Council
nor any bargaining unit member shall refuse to cross any picket line, by whoever
established.

Section 10.2. Performance of Duty

It is recognized that Employees covered by this Agreement may be required in the line of
duty to perform duties growing out of or connected with labor disputes, which may arise
within the County. The Council agrees that no disciplinary action or other action will be
taken by the Council against any Employee or Employees covered by this Agreement by
reason of any such action or conduct in the line of duty.

Section 10.3. Resumption of Operations

In the event of action prohibited by Section 1 above, the Council immediately shall
disavow such action and request the bargaining unit members to return to work, and
shall use its best efforts to achieve a prompt resumption of normal operations. The
Council, including its officials and agents, shall not be liable for any damages, direct or
indirect, upon complying with the requirements of this Section.

Section 10.4. Council Liability

Upon the failure of the Council to comply with the provisions of Section 2 above, any
agent or official of the Council who is an employee covered by this Agreement may be
subject to the provisions of Section 5 below.

Section 10.5. Discipline of Strikers

Any bargaining unit member who violates the provisions of Section 1 of this Article shall
be subject to immediate discipline, which may include discharge. Any action taken by the
Employer against any bargaining unit member who participates in action prohibited by
Section 1 above shall not be considered as a violation of this Agreement and shall not be
subject to the provision of the grievance procedure, except that the issue of whether a
bargaining unit member in fact participated in a prohibited action shall be subject to the
grievance and arbitration procedure.

ARTICLE XI - IMPASSE RESOLUTION

The resolution of any bargaining impasse shall be in accordance with the Illinois Public
Labor Relations Act, as amended (5 ILCS 315/14), from time-to-time.

ARTICLE XII - INDEMNIFICATION

Section 12.1. Employer Responsibility

Those employees being designated as merited deputy sheriffs will be indemnified
pursuant to 55 ILCS 5/5-1002. Those remaining will be covered by 745 ILCS 10/2-302
and other applicable law.

Section 12.2. Legal Representation

Employees shall have legal representation by the Employer in any civil cause of action
brought against an Employee resulting from or arising out of the performance of official
duties.

Section 12.3. Cooperation

Employees shall be required to cooperate with the Employer during the course of the
investigation, administration or litigation of any claim arising under this Article.

Section 12.4. Applicability

The Employer will provide the protection set forth in Section 1 and Section 2 above, only
so long as the Employee is acting within the scope of his employment and where the
Employee cooperates, as defined in Section 3, with the Employer in defense of the
action or actions or claims. Acts of willful misconduct are not covered by this Article.

ARTICLE XIII - PERSONNEL FILES

Section 13.1. Personnel Files

The Employer shall keep a central personnel file for each Employee in the bargaining
unit, which shall be maintained in the Sheriff’s Office. The Sheriff is free to keep working
files, including internal investigation files, but material not maintained in the central
personnel file may not be used for disciplinary or other action against an Employee.
Copies of portions of the personnel file will be maintained with the County Administrator’s
offices as are necessary to the discharge of their functions. The Employer shall comply
with the provisions of the “Access to Personnel Records Act”, 820 ILCS 40/0.01.

Section 13.2. Inspection

Upon request of an Employee, the Employer shall permit an Employee reasonable
inspection of his personnel file subject to the following:
a) Such inspection shall occur within a reasonable time following receipt of the
request, and on off-duty hours of the employee, except for employees who work
normal administrative business hours (Monday through Friday);
b) Such inspection shall occur during daytime working hours Monday through Friday
upon written request;
c) The Employee shall not be permitted to remove any part of the personnel file from
the premises but may obtain copies of any information contained therein upon
payment for the cost of copying;
d) Upon written authorization by the requesting Employee, in cases where such
Employee has a written grievance pending and is inspecting his file with respect
to such grievance, that Employee may have a representative of the Council
present during such inspection and/or may designate in such written authorization
that such representative may inspect his personnel file subject to the procedures
contained in this Article;
e) Pre-employment information; such as referenced reports, credit checks, or
information provided the Employer with a specific request that it remain
confidential, shall not be subject to inspection or copying.

Section 13.3. Notification

Employees shall be given immediate notice by the Employer when a formal, written
warning or other disciplinary documentation is permanently placed in their personnel file.

Section 13.4. Investigation

The Employer shall not release the names, photos or descriptions of bargaining unit
members under investigation for misconduct in the performance of his or her duties,
unless authorized by the Employee or required by law.

ARTICLE XIV - DISCIPLINE AND DISCHARGE

Section 14.1. Discipline and Discharge
 
The parties recognize the principles of progressive and corrective disciplinary action
which shall be imposed in a timely manner upon completion of the investigation.

Disciplinary action or measures shall be limited to the following:

• Oral reprimand
• Written Reprimand
• Suspension
• Demotion
• Discharge

Disciplinary action may be imposed upon an Employee only for just cause. Other
reasonable conditions of employment may be imposed by the employer in conjunction
with the discipline. Any disciplinary action or measure imposed upon a non-probationary
Employee may be processed as a grievance through the regular grievance procedure. If
an Employee elects to process a disciplinary review through the grievance procedure,
then the Employee must notify the Sheriff within forty-eight (48) hours of notification of
the disciplinary measure or action. Probationary Employees are “at-will” Employees
subject to discipline or discharge without recourse to the grievance procedure.

If the Employer has reason to reprimand an Employee, it shall be done in a manner that
will not embarrass the Employee before other Employees or the public. This shall not
prohibit the Employer from informing the complainant of the discipline of any employee
once it has finally been determined.

Section 14.2. Limitation
 
The Employer’s agreement to use progressive and corrective disciplinary action does not
prohibit the Employer in any case from imposing discipline, which is commensurate with
the severity of the offense. The Employer shall notify both the Employee and the Council
of disciplinary action. Such notification shall be in writing and shall reflect the specific
nature of the offense.

Any record of employee discipline with less and including five (5) days of suspension will
not be utilized for purposes of progressive discipline after a period of five (5) years. For
discipline of more than five (5) days of suspension it will not be utilized after ten (10)
years, unless a pattern of sustained infractions exist.

Section 14.3. Pre-Disciplinary Meeting

For discipline other than oral and written reprimands, prior to notifying the Employee of
the contemplated discipline to be imposed, the Employer shall notify the Council of the
meeting and then shall meet with the Employee involved and inform the Employee of the
reason for such contemplated discipline including any names of witnesses and copies of
pertinent documents. The Employee shall be informed of his contract rights to Council
representation and shall be entitled to such, if so requested by the Employee, the
Employee and Council representative shall be given the opportunity to rebut or clarify the
reasons for such discipline and further provided that a Council representative shall be
available within - twenty-four (24)- hours of notification. If the Employee does not request
Council representation, a Council representative shall nevertheless be entitled to be
present as a non-active participant at any and all such meetings.

Section 14.4. Investigatory Interviews

Where the Employer desires to conduct an investigatory interview of an employee where
the results of the interview might result in discipline, the Employer agrees to first inform
the employee that the employee has a right to Council representation at such interview.
If the employee desires such Council representation, no interview shall take place
without the presence of a Council representative. If a Council representative of the
employee’s choice is not available at the time of the request or a reasonable time
thereafter, not to exceed eight hours, the Council representative present may be used by
the employee. This does not preclude both parties from mutually agreeing to an
extension of time.

Section 14.5. Internal Investigations

The Employer shall give employees notice of the status of internal investigations when
completed and the disposition thereof within fourteen (14) days of the disposition. If an
internal investigation is not sustained within fourteen (14) days of the determination of
not sustained, the Employer shall notify the officer in writing that the investigation was
not sustained.

ARTICLE XV - DRUG TESTING

Section 15.1. Statement of Policy

It is the policy of the Employer that the public has the right to expect persons employed
by the Employer to be free from the effects of drugs and alcohol. As the Employer, it has
the right to expect its employees to report for work fit and able for duty. The purpose of
this policy shall be achieved in such a manner as not to violate any established rights of
the officers.

Section 15.2. Prohibitions

Officers shall be prohibited from.
a) Consuming or possessing alcohol (unless in accordance with duty requirements)
during the work day or anywhere on any County premises or job sites, including
all Employer buildings, properties, vehicles and while engaged in Employer’s
business;
b) Illegally selling, purchasing or delivering, consuming or possessing any illegal
drug;
c) Failing to report to their supervisor any known adverse side effects of medication
or prescription drugs, which they are taking.

Section 15.3. Drug and Alcohol Testing Permitted

Where the Employer has reasonable suspicion to believe that an officer is then under the
influence of alcohol or illegal drugs during the course of the work day, the Employer shall
have the right to require the officer to submit to alcohol or drug testing as set forth in this
Agreement. The Employer or his designated representative must certify their reasonable
suspicions concerning the affected officer prior to any order to submit to the testing
authorized herein. There shall be no random or unit-wide testing of officers, except
random testing of an individual officer as authorized in Paragraph 8 below and random
testing of an employee who is voluntarily assigned to a Departmental Drug Enforcement
Group for at least thirty (30) days and such officer’s duties are primarily related to drug
enforcement. The foregoing shall not limit the right of the Employer to conduct such tests
as it may deem appropriate for persons seeking employment as correctional officers
prior to their date of hire.

Section 15.4. Order to Submit to Testing

Within eight (8) hours after the time an officer is ordered to submit to testing authorized
by this Agreement, the Employer shall provide the officer with a written notice of the
order, setting forth all of the objective facts and reasonable-inference drawn from those
facts which have formed the basis of the order to test. Refusal to submit to such testing
may subject the employee to discipline, but the officer’s taking of the test shall not be
construed as a waiver of any objection or right that he may have. The Employee must
take the test within sixty (60) minutes for alcohol and four (4) hours for drugs of being
ordered to do so or it shall be deemed a refusal.

Section 15.5. Test To Be Conducted 

In conducting the testing authorized by this Agreement, the Employer shall:
a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the
Illinois Clinical Laboratory Act that has or is capable of being accredited by the
National Institute of Drug Abuse (NIDA);
b) Establish a chain of custody procedure for both sample collection and testing that
will insure the integrity of the identity of each sample and test result;
c) Collect a sufficient sample of the same body fluid or materials from an officer to
allow for initial screening, a confirmatory test and a sufficient amount to be set
aside reserved for later testing if requested by the officer;
d) Collect samples in such a manner as to insure a high degree of security for the
sample and its freedom from adulteration;
e) Confirm any sample that tests positive in the initial screening for drugs by testing
the second portion of the same sample by gas chromatography mass
spectrometry (GCMS) or an equivalent or better scientifically accurate and
accepted method that provides quantitative data about the detected drug or drug
metabolites; Provide the officer tested with an opportunity to have the additional
sample tested by a clinical laboratory or hospital facility of the officer’s own
choosing, at the officer’s own expense provided the officer notifies the Employer
within seventy-two (72) hours of receiving the results of the tests;
f) Require that the laboratory or hospital facility report to the Employer that a blood
or urine sample is positive only if both the initial screening and confirmation test
are positive for a particular drug. The parties agree that should any information
concerning such testing or the results thereof be obtained by the Employer
inconsistent with the understandings expressed herein, the Employer will not use
such information in any manner or form adverse to the officer’s interests;
g) Require that with regard to alcohol testing, for the purpose of determining whether
the officer is under the influence of alcohol test results that show an alcohol
concentration of .041 or more based upon the grams of alcohol per 100 milliliters
of blood shall be considered positive and conclusive evidence that the employee
is under the influence. If a test is greater than 0.0 but less than .04 the officer shall
be conclusively presumed not to be under the influence of alcohol.
h) Provide each officer tested with a copy of all information and reports received by
the Employer in connection with the testing and the results;
i) Insure that no officer is the subject of any adverse employment action except
temporary reassignment or relief from duty during the pendency of any testing
procedure.

Section 15.6. Right To Contest

The Council and/or the officer with or without the Council shall have the right to file a
grievance concerning any testing permitted by this Agreement contesting the basis for
the order to submit to the tests, the right to test, the administration of the tests, the
significance and accuracy of the tests, the consequences of the testing or results or any
other alleged violation of this Agreement. Such grievances shall be commenced at Step
2 of the grievance procedure. It is agreed that the parties in no way intend to restrict,
diminish, or otherwise impair any legal rights that officers may have with regard to such
testing. Officers retain any such rights as may exist and may pursue the same at their
own discretion, with or without the assistance of the Council.

Section 15.7. Voluntary Requests For Assistance

The Employer shall take no adverse employment action against an officer who
voluntarily seeks treatment, counseling or other support for an alcohol or drug related
problem, other than the Employer may require reassignment or temporary suspension of
the officer if he is then unfit for duty in his current assignment. All such requests shall be
confidential and any information received by the Employer, through whatever means,
shall not be used in any manner adverse to the officer’s interest, except reassignment as
described above.

Section 15.8. Discipline

In the first instance that an officer tests positive on both the initial and the confirmatory
test for drugs or is found to be under the influence of alcohol, and all officers who
voluntarily seek assistance with drug and/or alcohol related problems, shall not be
subject to any disciplinary or other adverse employment action by the Employer. The
foregoing is conditioned upon:
a) The officer agreeing to appropriate treatment as determined by the physicians
involved;
b) The officer discontinues his use of illegal drugs or abuse of alcohol;
c) The officer completes the course of treatment prescribed, including an “after-care”
group for a period of up to twelve (12) months;
d) The officer agrees to submit to random testing during hours of work during the
period of “after-care”.

Officers who do not agree to, or who do not act in accordance with the foregoing, or who
test positive for a second or subsequent time for the presence of illegal drugs or alcohol
during the hours of work shall be subject to discipline up to and including discharge.
The foregoing shall not be construed as an obligation on the part of the Employer to
retain an officer on active status throughout the period of rehabilitation if it is
appropriately determined that the officer’s current use of alcohol or drugs prevents such
individual from performing the duties of a police officer or whose continuance on active
status would constitute a direct threat to the property or safety of others. Such officers
shall be afforded the opportunity to use accumulated paid leave or take an unpaid leave
of absence, at the officer’s option, pending treatment. The foregoing shall not limit the
Employer’s right to discipline officers for misconduct provided such discipline shall not be
increased or imposed due to alcohol or drug abuse.

ARTICLE XVI - DISPUTE RESOLUTION AND GRIEVANCE PROCEDURE

Section 16.1. Definition of a Grievance

A grievance is defined as any unresolved difference between the Employer and the
Council or any Employee regarding the application, meaning or interpretation of this
Agreement. This grievance procedure is subject to and shall not conflict with any
provisions of the Illinois Public Labor Relations Act.

Section 16.2. Dispute Resolution

In the interest of resolving disputes at the earliest possible time, it is agreed that an
attempt to resolve a dispute shall be made between the Employee and the Sheriff’s
designee on behalf of the Sheriff.

The Employee shall make his complaint to the Sheriff’s designee within ten (10) calendar
days from the conduct or event giving rise to the grievance, or ten (10) calendar days
from the time the employee knew, or should have known of the conduct or event giving
rise to the grievance. The Sheriff’s designee will notify the Employee of the decision
within ten (10) calendar days following the day when the complaint was made.
Settlements or withdrawals at this step shall not constitute a precedent in the handling of
other grievances. In the event of a complaint, the Employee shall first complete his
assigned work task and complain later.

Section 16.3. Representation

Grievances may be processed by the Council on behalf of an Employee or on behalf of a
group of Employees. The Employer may file contract grievances directly at Step 3,
Section 8 of this Article. Either party may have the grievant, or one grievant representing
group grievants, present at any step of the grievance procedure, and the Employee is
entitled to Council representation at each and every step of the grievance procedure
upon his request.

Grievances may be filed on behalf of two or more Employees only if the same facts,
issues and requested remedy apply to all Employees in the group.

Section 16.4. Subject Matter

Only one subject matter shall be covered in any one grievance. A grievance shall contain
a statement of the grievant’s position, the Article and Section of the Agreement allegedly
violated, the date of the alleged violation, the relief sought, the signature of the grieving
Employee(s), and the date.

Section 16.5. Time Limitations

Grievances may be withdrawn at any step of the grievance procedure without precedent.
Grievances not appealed within the designated time limits will be treated as withdrawn
grievances.

The Employer’s failure to respond within the time limits shall not find in favor of the
grievant, but shall automatically advance the grievance to the next step, except Step 3.
Time limits may be extended by mutual agreement.

Section 16.6. Grievance Processing

No Employee or Council representative shall leave his work assignment to investigate,
file or process grievances without first securing permission of his supervisor. In the event
of a grievance, the Employee shall always perform his assigned work task and grieve his
complaint later, unless the Employee reasonably believes that the assignment
endangers his safety.

Section 16.7. Grievance Meetings

A maximum of two (2) Employees (the grievant and/or Council representative) per work
shift shall be excused from work with pay to participate in a Step 1, Step 2, or Step 3
grievance meeting. The Employee(s) shall only be excused for the amount of time
reasonably required to present the grievance. The Employee(s) shall not be paid for any
time during which a grievance meeting occurs outside of the Employee’s work shift.

Section 16.8. Steps in Procedure

Grievances arising under this Agreement shall be resolved as follows:

Step 1. If no agreement is reached between the Employee and the Sheriff’s designee as
provided for in Section 2, Dispute Resolution, the Council shall prepare a written
grievance on a form mutually agreed to between the Employer and the Council and
presented to the Sheriff’s designee, no later than ten (10) calendar days after the
Employee was notified of the decision by the Sheriff’s designee. Within ten (10) calendar
days after the grievance has been submitted, the Sheriff’s designee shall meet with the
grievant and the Council representative to discuss the grievance and make a good faith
attempt to resolve the grievance. The Sheriff’s designee shall respond in writing to the
grievant and the Council representative within ten (10) calendar days following the
meeting.

Step 2. If the grievance is not settled at Step 1, the grievance may be referred in writing
by the Council within ten (10) calendar days after the decision of the Sheriff’s designee to
the Sheriff himself. Within ten (10) calendar days after the grievance has been filed with
the Sheriff, the Sheriff shall meet with the Council representative and the grievant to
discuss the grievance and make a good faith effort to resolve the grievance. The Sheriff
shall respond in writing to the grievant and the Council within ten (10) calendar days
following that meeting.

Step 3. Only in the case of grievances involving the shared responsibilities of the
Employer or the interpretation of contract language or grievances, the settlement of
which would involve monies beyond the budgeted funds of the Sheriff and if the
grievance is not settled at Step 2, the Council, within ten (10) calendar days after the
Sheriff’s written decision at Step 2, may refer the grievance in writing to the Sheriff and
the designee(s) of the Chairman of the County Board. Within ten (10) calendar days after
such referral, the grievant, the Council representative, the Sheriff and the designee(s) of
the Chairman of the County Board shall meet and make a good faith effort to resolve the
grievance. The Sheriff and the designee(s) of the Chairman of the County Board shall
respond in writing to the grievant and the Council within ten (10) calendar days following
that meeting. The Sheriff shall have one vote and the designee(s) of the Chairman of the
County Board shall collectively have one vote in resolving such grievances.

Step 4. If the dispute is not settled at Step 2 or Step 3, the matter may be submitted to
arbitration by the Council, the County or the Sheriff within fifteen (15) calendar days after
the Step 2 or Step 3 written decision or after the expiration of the ten (10) calendar day
period that such written decision was due. Within fifteen (15) calendar days after the
matter has been submitted to arbitration a representative of the Sheriff, County and the
Council shall meet to select an arbitrator from a list of mutually agreed to arbitrators. If
the parties are unable to agree on an arbitrator within fifteen (15) calendar days after
such meeting, the parties shall request the Federal Mediation and Conciliation Service to
submit a panel of seven arbitrators. Either party shall have the right to reject an entire list
of arbitrators. The arbitrator shall be selected from the final list by alternate strikes by the
co-employer representatives and the Council. The party requesting arbitration shall take
the first strike. The person whose name remains on the final list shall be the arbitrator.
The arbitrator shall be notified of his selection by a joint letter from the co-employers and
the Council. Such letter shall request the arbitrator to set a time and place for the
hearing subject to the availability of the co-employers and Council ‘representatives and
shall be notified of the issue where mutually agreed by the parties. All hearings shall be
held in the City of Woodstock, Illinois, unless otherwise agreed to.
Both parties agree to make a good faith attempt to arrive at a joint statement of facts and
issues to be submitted to the arbitrator.

The Employer or Council shall have the right to request the arbitrator to require the
presence of witnesses and or documents. Each party shall bear the expense of its
witnesses.

Once a determination is made that the matter is arbitral or if such preliminary
determination cannot be reasonably made, the arbitrator shall then proceed to determine
the merits of the dispute.

The expenses and fees of arbitration and the cost of the hearing room shall be shared
equally by the Employer and Council. Costs of arbitration shall include the arbitrator’s
fees, room costs and transcription costs. The decision and award of the arbitrator shall
be made within forty-five (45) days following the hearing and shall be final and binding on
the Employer, the Council and the Employee or Employees involved. The arbitrator shall
have no power to amend, modify, nullify, ignore, add to or subtract from the provisions of
the Agreement.

Section 16.9. Advanced Grievance Step Filing

Certain issues which by nature are not capable of being settled at a preliminary step of
the grievance procedure or which would become moot due to the length of time
necessary to exhaust the grievance steps, may be filed at the appropriate advance step
where the action giving rise to the grievance was initiated.

Mutual agreement shall take place between the appropriate Council representative and
the appropriate Employer representative at the step where it is desired to initiate the
grievance.

Section 16.10. Pertinent Witnesses and Information

Either the Council or Employer may request the production of specific documents,
books, papers, or witnesses reasonably available from the Council or the Employer and
substantially pertinent to the grievance under consideration. Such request shall not be
unreasonably denied, and if granted shall be in conformance with applicable laws and
rules issued pursuant thereto governing the dissemination of such materials.

ARTICLE XVII - SENIORITY

Section 17.1. Definition of Seniority

As used herein, the department seniority, unit seniority, and classification seniority terms
shall refer to and be defined as the Employee’s continuous’ length of service or
employment in the Sheriff’s Office, the bargaining unit, and the classification
respectively. If the type of seniority is not specified, the reference shall be construed to
be unit seniority, which shall be figured from the date of last hire within the Unit.

Section 17.2. Probationary Period

An Employee is a “probationary Employee” for the first twelve (12) months of
employment. No matter concerning the layoff, discipline, or termination of a probationary
Employee shall be subject to the Dispute Resolution and Grievance Procedures of this
Agreement. The probationary period may be extended up to two (2) six (6) month
periods by mutual agreement of the parties, except that all probationary employees hired
prior to the ratification of this agreement will be governed by the previous contract
probationary employee section.

Section 17.3. Seniority List

The Employer shall post a seniority list on September 15th of each year. Disputes as to
changes to the list shall be resolved through the grievance procedure.

Section 17.4. Termination of Seniority

An Employee shall be terminated by the Employer and his seniority broken when he:
a) quits; or
b) is discharged for just cause; or
c) is laid off pursuant to the provisions of the applicable agreement for a period of
twenty-four (24) months; or
d) accepts gainful employment while on an approved leave of absence from the
Sheriff’s Office; or
e) is absent for three consecutive scheduled work days without proper notification or
authorization; or fails to return to work at the conclusion of an approved leave of
absence for a period of three (3) consecutive days.
The foregoing is subject to the right if the employee to grieve any termination for cause.
Section 17.5. Seniority While On Leave or Promotion
Employees will not continue to accrue seniority credit for all time spent on authorized
unpaid leave of absence. Except as may be provided otherwise by law, no employee will
accrue any benefits while on unpaid leave for any reason. Employees who are promoted
out of the bargaining unit and return to the bargaining unit shall retain their County
seniority for benefit accumulation purposes and any unit seniority accrued prior to being
promoted.

Section 17.6. Shift Bidding

a) By October 1st of each year, the Sheriff or his designee, shall post shifts for
bidding by Unit seniority. The annual bid shall take place in November for shifts to
become effective the first pay period in January. The Sheriff has the right to
determine the gender composition of the workforce.
b) In administering the bid selection process provided for in Section 6A herein,
should a vacancy exist at the time of shift bidding it will not be filled. However,
each time the Sheriff elects to fill a vacancy and the new officer is hired and fully
trained, as determined at the sole discretion of the Sheriff or his designee, which
shall not be more than three (3) months from the graduation of mandated
corrections officer basic training, then the shift vacancy will be posted for a period
of seven (7) days and filled by the most senior Officer requesting the assignment.
Management is not required to notify personnel who are not present. Not more
than two (2) postings caused by the filling of a vacancy will be done. Should no
officer request the posted assignment in the seven day period, management
reserves the right to assign the new employee to the vacant position. Officers who
select another shift in accordance with this section’ and are transferred will not be
authorized to bump other, officers regarding previously approved vacation picks
and must select vacation from available openings with approval of the Sheriff.
c) If the Sheriff decides to alter the number of filled slots on a shift during the course
of the year, then he shall post the available slots for bidding in the same manner
as described in this Section 6B. This does not prohibit the Sheriff from making
temporary shift assignments based on operational necessity.

Section 17.7. Seniority Tie Breaking

In the event two (2) or more employees have, the exact same date of hire, seniority of
the affected employee shall be determined by a numerical lottery drawing done by the
Employer, and witnessed by the Council.

ARTICLE XVIII - LAYOFFS

Section 18.1. Layoff

In the event the Employer determines a layoff is necessary, Employees in each unit shall
be laid off in such number as determined by the Sheriff unless compliance with State or
Federal law requires otherwise. The Employer shall determine how many positions in
each classification shall be laid off Employees shall be laid off in the inverse order of
classification seniority. Employees may bump employees in lower classifications within
that Unit II only, again using the in reverse order of classification seniority. The Employer
agrees to inform the Council in writing not less than fourteen (14) days prior to such
layoffs and to provide the Council with the names of all Employees to be laid off in such
notice.

Section 18.2. Layoff Order

Probationary Employees and temporary Employees shall be laid off first, then full-time
Employees shall be laid off in affected units in inverse order of seniority. Individual
Employees shall receive notice in writing of the layoff not less than fourteen (14) days
prior to the effective date of such layoff.

Section 18.3. Recall

Employees shall be recalled from layoff within each particular job classification according
to the order of layoff No new Employees at all shall be hired until all Employees on layoff
in that particular job classification desiring to return to work shall have been given the
opportunity to return to work. Recall rights under this provision shall terminate
twenty-four (24) months after layoff

In the event of recall, eligible Employees shall receive notice of recall either by actual
notice or by certified mail, return receipt requested. It is the responsibility of all
Employees eligible for recall to notify the Sheriff of their current address. Upon receipt of
the notice of recall, Employees shall have five (5) working days to notify the Sheriff of
their acceptance of the recall. The Employee shall have no more than ten (10) working
days thereafter to report to duty, unless a further extension is mutually agreed upon.
27

ARTICLE XIX - VACATIONS

Section 19.1. Vacation Leave

All full-time Employees shall earn vacation time. Employees on leave of absence or
layoff shall not accrue vacation time. Eligible Employees shall earn vacation time in
accordance with the following schedule:

YEARS OF COMPLETED LENGTH OF VACATION
CONTINUED SERVICE
1 Year 5 Days
2- 5 Years 10 Days
6-10 Years 15 Days
11-20 Years 20 Days
21 Years 21 Days
22 Years 22 Days
23 Years 23 Days
24 Years 24 Days
25 Years 25 Days

Section 19.2. Vacation Pay

All vacation leave will be paid for at the regular hourly rate as provided in Article IV, of the
McHenry County Personnel Manual Vacation hours shall count as time worked for
purposes of calculating overtime.

Section 19.3. Vacation Requests

All employees may submit in writing, to the Sheriff or his designee, a schedule of desired
vacation prior to the following annual bids:
December 15th for dates in January, February, and March of the upcoming calendar
year.

March 1st for dates in April thru December of that calendar year.
Conflicts in scheduling will be resolved in favor of the employee with the most unit
seniority. No employee shall be entitled to priority in selecting his vacation for more than
three (3) weeks in either of the annual bids.

Vacation days requested after the annual bids and with fifteen (15) days or more notice
will be approved provided the vacation maximums have not been met, or approval would
create overtime. The Sheriff’s designee will advise the Officer if the vacation day(s) are
approved or denied on the date requested.

Additional vacation requests may be granted provided shift minimums are met, such
requests will not be approved if they would require overtime callbacks in order to meet
agreed upon minimum staffing requirements. At least one (1) days notice shall be given
for a one (1) day leave.

Vacation maximums will be for up to nine (9) employees (including up to three (3) Court
Officers) Monday through Friday and ten (10) employees on weekends and holidays for
the day shift, up to six (6) employees for the afternoon shift, up to four (4) employees for
the night shift and up to one (1) Transport Officer. The Sheriff or his designee shall have
the right to alter any schedule if deemed to be in the best interest of the department to do
so.

If for any reason, the number of Officers should change on any given shift then the Union
and Administration will meet in a labor management meeting to address any alteration in
the above vacation maximums.

Section 19.4. Pro-Ration Upon Termination

Upon termination or retirement of an Employee, the Employee’s unused vacation if any
shall be pro-rated based upon the number of months worked in the last year of
employment. The Employer shall deduct any vacation used but not yet accrued from the
employee’s final compensation.

ARTICLE XX - HOLIDAYS/PERSONAL DAYS

Section 20.1. Number of Holidays

Employees shall receive the holidays each year as established by a resolution of the
County Board, however, the County Board shall establish a total of at least ten (10) full
days in years without a general election and at least eleven (11) full days in years with a
general election.

Section 20.2. Holiday Observance

Holidays for all members of the bargaining unit will be observed on the actual calendar
date of the holiday. Management and the union agree that any deviation from this
language will be by agreement through the labor management process.

Section 20.3. Holiday Pay

A. An employee regularly schedule to work on Thanksgiving Day or Christmas Day
will receive either of the following, at the employee’s choosing:
1. Time off, at time and one-half of the employee’s regular hourly rate, to be
added to the employee’s accrued compensatory time, plus the regular
day’s pay; or
2. Pay for the holiday worked at time and one-half of the employee’s regular
hourly rate, plus the regular day’s pay.
B. An employee regularly scheduled to work on a holiday will receive either of the
following, at the employee’s choosing;
1. Time off at the employee’s regular hourly rate, to be added to the
employee’s accrued compensatory time, plus the regular days pay; or
2. Pay for the holiday worked at the employee’s regular hourly rate, plus the
regular day’s pay.
C. When a holiday falls on an employee’s regularly scheduled day off the employee
will receive either of the following, at the employee’s choosing;
1. One (1) extra day compensation, in lieu of the holiday, to be paid at the
employee’s regular hourly rate; or
2. One (1) extra day compensation, in lieu of the holiday, to be paid at the
employee’s regular hourly rate in the form of compensatory time-off, with
said compensatory time to be added to the employee’s accrued
compensatory time-off.
D. If an employee is mandated or volunteers to work on any holiday he/she is not
otherwise scheduled to work on, they shall be paid double time in addition to the
holiday compensation.
E. Any employee who calls in sick on the calendar date of an observed holiday shall
not be entitled to Holiday pay for that day. However, the employee shall be
compensated for the day through the use of the employee’s accrued sick time, if
any. In addition, an employee must work or take an approved vacation, comp or
personal day; the last calendar day before the holiday and the first calendar day
after the holiday to be entitled to holiday pay.

Section 20.4. Personal Days

Newly hired regular full-time employees will receive one (1) personal day upon the
completion of six (6) months of continuous service and will receive two (2) personal days
upon the completion of twelve (12) months of continuous service. After an employee’s
first anniversary date, three (3) personal days are awarded at the beginning of every
calendar year (January 1st).

Further, the Employer shall grant any employee’s request to use up to three (3) personal
days as call in days regardless of minimum staffing for up to two (2) Employees per shift
on weekdays and up to three (3) Employees per shift on weekends and holidays. Court
and transport officers will be considered as day shift officers for their call in personal
days. Any supervisor is authorized to grant the employees request.
Call-in personal days may not be used on Christmas or Thanksgiving.

Personal days must be used in full-day increments to qualify as call-ins. Personal days
used in less than full-day increments must be pre-approved based on current staffing.

Correctional Officers are required to notify a shift supervisor when requesting to utilize a
personal day as far as possible in advance of the starting time for the shift, but absent an
emergency situation, no later than one (1) hour prior to the start of their shift.

Section 20.5. Time Worked

Holidays and personal days shall be counted as time worked for purposes of calculating
overtime.

ARTICLE XXI - SECONDARY EMPLOYMENT

Section 21.1. Notification of Secondary Employment

All Employees before holding secondary employment shall notify the Sheriff, or his
designee, of the place of employment, address, phone number, supervisor’s name and
hours of employment so that the Employee may be reached in an emergency. Employee
shall notify the Employer when terminating their secondary employment for which the
original notice was given.

Section 21.2. Secondary Employment Prohibitions

The parties recognize that it is in the best interest of the citizens of McHenry County to
have an alert and non-distracted work force. More specifically, the jobs for which
Employees of the McHenry County Sheriff’s Office shall be prohibited from working and
shall include the following:
a) Where the Employer’s uniform, badge, LEADS line, vehicle or equipment is
utilized unless specifically approved by the Sheriff or his designee;
b) Where the hours worked cause the Employee ,such fatigue that he/she is unable
to properly perform his/her job duties; (no employee will be permitted to work
more than twenty-eight (28) hours per week);
c) Where a conflict of interest with his/her job duties for the Employer is created;
d) Where the type of secondary employment is prohibited by law or negatively
reflects on the Employer.
e) Where the Employee is employed or engaged in criminal matter or in civil matters
which directly conflict with the McHenry County Sheriff’s Office;
f) Before any secondary employment is approved, an employee must sign an
Indemnification Agreement agreeing to indemnify and hold McHenry County, and
McHenry County Sheriff’s Office harmless from any and all acts performed by the
employee while performing his secondary employment duties.

ARTICLE XXII - SICK LEAVE

Section 22.1. Allowance

It is the policy of McHenry County to provide protection for its full-time Employees
against loss of income because of illness, injury, or disability of the employee the
employee’s immediate family, or for medical appointments, which cannot be scheduled
outside of the employee’s normal work hours. All eligible Employees are encouraged to
save as much sick leave as possible to meet serious illness situations. Sick leave for
family members may be used up to a maximum of three (3) days each year based on a
rolling calendar. Employees on Sick Abuse Status may only utilize sick time for
themselves. Sick leave is not intended for a one-day vacation nor to be used to extend
vacation periods or holidays. Sick leave may be used for FMLA purposes to include
members of the employee’s family as provided for by FLMA and in accordance with
County policy.

For the purposes of this section, immediate family is defined as follows:
Husband, wife, civil partner as defined in Illinois State Statute
(Civil Union Act), or minor children for whom the employee is
considered the primary caregiver. [Emphasis added.]

While on personal sick leave, a member shall not engage in activities that would tend to
prolong the need for the use of sick leave.

Correctional Officers who call in sick due to their own illness are considered to be
incapacitated and unavailable for work of any type for the twenty-four hour period
following their scheduled start time. A member who is found to have engaged in any
activity which is inconsistent with such incapacity (i.e. performing work for another
employer, and the like) during time that would be considered work hours shall be subject
to disciplinary action.

Correctional Officers are required to notify a shift supervisor, in the case of absence from
work due to illness or illness of the employee’s immediate family, as far as possible in
advance of the starting time for the scheduled shift, but absence an emergency situation,
no later than one (1) hour prior to the start of their shift.

Section 22.2. Accrual and Procedures

Each Employee shall accrue sick time as follows:
a) On the Employee’s first anniversary date, each Employee shall be credited with
five (5) sick days.
b) On each of the Employee’s second, third and fourth anniversary dates, each
Employee shall be credited with ten (10) sick days.
c) If an Employee has accumulated 45 sick days, on his or her fifth anniversary date,
the Employee shall be credited with 15 sick days. If the Employee has not
accumulated 45 sick days on the fifth anniversary date, then he or she shall
continue to be credited with only ten (10) days annually. If on the Employee’s
sixth, seventh, eighth or ninth anniversary date the Employee has accumulated 45
sick days, then he shall be credited with 15 days on that anniversary date and for
each subsequent years regardless of whether the accumulation in subsequent
years goes below 45 sick days.
d) If the Employee has accumulated 120 sick days and has reached his tenth
anniversary date or larger, then the Employee would accumulation 25 sick days
on that anniversary date and each subsequent anniversary date thereafter.
e) Once an Employee has reached a level set forth in Paragraph 2 (a-d), subsequent
use of accumulated sick days will not cause the Employee to fall back to a lower
level or sick day earnings. Any Employee with remaining accumulated and
unused sick leave after accumulation of 240 days or the maximum under IMRF
Regulations, whichever is greater, the Employer shall annually (on the
Employee’s anniversary date) buy back sick days accumulated and unused over
240 at the ratio of one (1) day of compensation for every two (2) days in either pay
or vacation days.

Section 22.3. Unused Leave or Retirement

If an Employee terminates employment at a time when the Employee is eligible to
receive pension benefits from the Illinois Municipal Retirement Fund, then the Employee
may use up to 240 sick days or the maximum allowed under IMRF Regulations,
whichever is’ greater, accumulated for the purpose of service credit upon retirement.
Thereafter, if an Employee still has accumulated sick days, he may then exchange for
cash on the basis of two sick days for one day of pay.

Section 22.4. Sick Leave Abuse

a) For the purposes of the provisions contained in this Article “abuse” of sick leave is
the utilization of such for reasons other than those stated in Section 1 and 2 of this
Article. lf the Employer has reasonable suspicion to believe that an Employee is
abusing sick leave, or that the employee has used at least six (6) sick days for the
preceding twelve month period, or that the employee has used the sick days in a
fashion that the employer would call a pattern (i.e., calling in sick the day before or
after an employee’s regularly scheduled days oft), then the employer may require
a doctor’s affidavit at the employee’s cost, for each day on which the Employee
calls in sick, for a period not to exceed six (6) months for each incident.
b) Before implementing the required doctor affidavit provided for in paragraph (a),
the Sheriff or his designee shall notify the employee of his intention to put the
employee on proof status, the reasons therefore and afford the employee five
calendar days to explain the reasons for the pattern of abuse observed by the
Sheriff Thereafter the Sheriff or his designee shall decide whether to implement
the required doctor’s affidavit.
c) The Council and the Employer mutually discourage the abuse of sick leave.
Continued “abuse” of sick leave shall subject the Employee to disciplinary action
pursuant to the terms of the Agreement.

ARTICLE XXIII - HOURS OF WORK

Section 23.1. Regular Hours

The regular hours of work each day shall be consecutive except that they may be
interrupted by a meal period. Bargaining unit employees will not be required to punch a
time clock until requested to do so by the Sheriff In the event the Sheriff requests the
employees to begin punching a time clock, he will notify the Union fifteen (15) days in
advance and the Union may discuss with the Sheriff the impact of his decision. After
considering the Union’s position, the Sheriff shall decide whether to implement a time
clock and his decision shall be final.

Section 23.2. Work Period

The work period is defined as a regularly recurring period of twenty-eight (28) days.
Section 23.3. Work Day and Shift
Effective January 1, 1995 Employees covered by this Agreement shall work the
schedule commonly referred to as the “5-2/5-3 work schedule” The work schedule shall
consist of an eight and one half hours work day with scheduled work days as follows:
work five (5) days, off work two (2) days, work five (5) days, off work three (3) days, with
the above listed cycle repeating itself every two weeks. For payroll purposes, base hours
will be eighty (80) hours in each fourteen (14) day cycle. The work schedule shall be
posted in a visible place for all members of the bargaining unit to view.

Section 23.4. Work Schedule

Work schedules showing the Employee’s normal shifts, work days, and hours shall be
posted on all department bulletin boards at all times fourteen (14) days prior to beginning
of schedule.

Section 23.5. Meal Periods

A. All Employees shall be granted, during each shift, a meal period of 30 minutes if
the Employee is on an 8.5 hour shift. The employee may opt to eat at their
workstation unless ordered to do so otherwise.
B. If an Employee is denied a meal period, the Employee shall be compensated 30
minutes at the appropriate rate.
C. Employees who are assigned to an 8-hour shift and are assigned to transport
detail outside of McHenry County which results in an employee having 12 or
total hours of continuous work may be reimbursed for a meal at a reasonable
amount and with a verifiable receipt.

Section 23.6. Breaks

Subject to the operating needs of the Department, all Employees shall be granted a
fifteen (15) minute break to be taken near the middle each half of each shift which shall
be taken at their work station at the discretion of the Shift Supervisor following
departmental guidelines.

Section 23.7. Overtime

A. Employees in Unit II shall be paid overtime either in cash or compensatory time at
the rate of one and one-half (1 1/2) hours for each hour (in completed fifteen (15)
minute segments) worked beyond the normal work days as defined in Article
XXIII, Section 3
B. Vacation hours, holidays, personal days and compensatory time taken shall be
counted as time worked for purposes of calculating overtime.
C. In cases where the Employer has overtime assignments available for employees,
the current practice for overtime distribution shall be followed, provided, however,
that no employee who works twelve (12) consecutive hours shall be required to
work mandatory overtime until they have completed a twelve (12) hour rest
period, and further provided, that in cases of emergency as determined by the
Sheriff or his designee, no twelve (12) hour rest period shall be required.

Section 23.8. Compensatory Time Use

Compensatory time may be accrued and carried over from year to year to a maximum of
one hundred and eighty (180) hours and carried over from year to year to a maximum of
one hundred and forty (140) hours effective December 1, 2012; and one hundred and
twenty (120) hours effective December 1, 2013.

Each year compensatory time balances must be reduced to one hundred and forty (140)
hours effective December 1, 2012; and one hundred and twenty (120) hours effective
December 1, 2013 and will be paid-out in November of each year (upon request,
compensatory time pay-out can be paid over the two (2) pay periods in November).
The scheduling and use of compensatory time shall be with the agreement of the Shift
Supervisor in accordance with past practice.

Section 23.9. Court Time

Employees required to appear in Court on their off-duty hours in connection with their
official duties shall receive a minimum of three (3) hours or the actual time worked,
whichever is greater, at the appropriate rate. Court time shall be counted as time worked
for purposes of calculating overtime. If a court time immediately precedes or follows an
Employee’s shift, then the Employee shall be compensated for only the actual time spent
prior to, or after their regular shift.

Section 23.10. Call Back

A callback is defined as an official assignment of work, which does not continuously
precede or follow an officer’s regularly scheduled working hours. If the callback
immediately precedes or follows an Employee’s shift, then the Employee shall be
compensated for only the actual time spent prior to or after their regular shift. Employees
reporting back to the Employer’s premises at a specified time on a regularly scheduled
work day shall be compensated for three (3) hours at the appropriate rate or be
compensated for the actual time worked, whichever is greater, at the appropriate rate.
Employees called in on regularly scheduled days off are entitled to the callback
minimum’ guarantee.

ARTICLE XXIV - WORKING OUT OF CLASSIFICATION

Section 24.1. Senior Rank Recognition

a) Any officer who is regularly scheduled to work in a position or rank for a period of
one (1) shift assignment or more, that is senior to that which he normally holds
shall be paid at the rate for the senior position or rank while so acting.
b) No unit member will be directed to work an out of classification position for more
than six (6) consecutive months. Once a bargaining unit member has worked out
of classification for up to six months, that member shall not be re-assigned out of
classification work for at least eight calendar months. Any assignment or
appointment to a position with a higher rate of pay will entitle the bargaining unit
member to earn the higher rate of pay. The appointment of any bargaining unit
member to work out of classification shall be at the Sheriff’s sole discretion. Such
appointment shall have no effect on the bargaining unit member’ departmental or
classification seniority.

Section 24.2. Senior Rank/Vacation Sick Leave

Notwithstanding the provisions of Section 1 of this Article, officers may be used to work
in a position of senior rank to fill vacation or sick leave absences of the senior rank.

Section 24.3. Senior Rank Six Months or More

When an officer is required to assume the duties and responsibilities of a rank higher
than that which he normally holds for any accumulated total of at least six (6) months in
any calendar year, he shall be paid the rate for the higher rank for his vacation period
with any necessary adjustments to be made at the end of the calendar year.

Section 24.4. Light Duty

An Employee injured on-the-job may be eligible for light duty work upon presentation to
the Employer of a Doctor’s affidavit certifying that they are able to do the same. Once
light duty work has commenced, the Employee will be permitted to work a maximum of
six (6) months, or extensions thereof certified by the Employer’s physician as light duty
work and upon completion of the six (6) month period must return to active duty or light
duty status. This provision shall become effective for all on-the-job injuries, which occur
after the effective date of this Agreement.

Section 24.5 Line of Duty Injury

For the purposes of the application of the Public Employees Disability Act (5 ILCS 345/1)
and the Public Safety Employee Benefits Act (820 ILCS 320/10) to the employees
covered by this Agreement, the definition of “line of duty” or “catastrophic” injury is as
follows:

A physical injury occurring as the result of direct physical contact with an inmate or a
member of the public in an on-duty situation, the use of a weapon by an inmate against
the employee or the expectoration or throwing of bodily fluid or fecal matter by the inmate
or injuries received during the operation of a county vehicle while on duty. To qualify the
employee for the benefits provided under the acts referenced above, the injury must be
diagnosed by a physician. The Employer may require the employee to submit to a
medical examination by a physician of the Employer’s choice for verification of the injury.
In the interpretation and application of the Public Employees Disability Act (5 ILCS
345/1) and the Public Safety Employees Benefits Act (820 ILCS 320/10) this definition
shall apply.

Employees who are injured while on duty and who do not meet with definition of “line of
duty” or “catastrophic” injury as outlined in this section shall be covered under the
provisions of the Illinois Workers Compensation Act (820 ILCS 305/1 et seq).

ARTICLE XXV – WAGES/COMPENSATION/ALLOWANCES

Section 25.1. Wage Schedules

Employees shall be compensated according to the separate schedules hereto attached
as separate pages of Exhibit #1 and made a part hereof for each unit.

Section 25.2 Placement and Schedules

During the term of this Agreements Employees shall advance on the compensation
schedule on their anniversary date.

The attached pay schedules shall be effective as of December 1, 2011 and any pay
increases shall be effective on that date. There shall be no other pay increases during
the term of this Agreement.

Section 25.3. Clothing Allowances

a) Employees shall receive a $550.00 allowance for the purchase of required
uniforms and equipment during each year of the term of this Agreement.
Additionally, each of said Employees shall annually receive in accordance with
past practice the following payment as reimbursement for cleaning of uniforms:
Fiscal Year 2011-2012 $550.00
Fiscal Year 2012-2013 $550.00
Fiscal Year 2013-2014 $550.00
b) Subsequent to the initial issue of uniform equipment as determined by the Sheriff,
the items of personal property and clothing, which may be bought with the clothing
allowance for uniformed Employees, are limited to the following:
Cotton Pants Cotton Shirts
Belts Long Sleeve Cotton Shirts
Short Sleeve Shirts Name Tags
Winter Coat Spring/Fall Coat
Rain Coat/Hat Cover Radio Belt Clip
Winter Hat Basket Weave
Ties Tie Clip/Bar
Holster Dickies
Cuff Case Sweater
Ammo Case Cut Resistant Gloves
Belt Keepers Shoes or Boots (Black)
Cartridge Holders Cuffs
Winter Parka Cuff Key
Winter Gloves Neoprene Gloves
Small Cuff Case Raincoat
Small Flashlight for Belt Radio Battery
Hash Marks*
*(years in service awards in three (3) year increments)

Section 25.4. Reimbursement of Training and Various Expenses

In the event that an Employee appointed as a correctional officer or other Employee
requiring training or uniforms resigns for any reason within twelve (12) months from the
date of payments made by the County of McHenry for completion of the Illinois County
Correctional Training Course or other courses related to the performance of the
Employee’s job, then the Employee shall reimburse the County for all or a portion of the
money so expended, except that amount of said County expenditures which were
reimbursed by the State of Illinois, plus all or a portion of money expended by the County
for uniforms on the following basis:

a) If the Employee resigns or is terminated prior to completing four (4) months of
employment after such expenditure, 100% of the total expense shall be
reimbursed;
b) If the Employee resigns or is terminated after four (4) months and before eight (8)
months, 75% of the total expense shall be reimbursed;
c) If the Employee resigns or is terminated after eight (8) months, but less than one
(1) year, 50% of the total expense shall be reimbursed.
Expenses of training shall include, but not be limited to hotel and meal expenses, travel
allowances, tuition and book fees and other expenses reasonably related to the training
of the Employee.

Any Employee resigning or terminated for cause, as provided for herein shall be subject
to an automatic wage deduction form his last paycheck to cover the cost of expenses
and any balance remaining due thereafter shall be paid to the County over the same
period of time for which the Employee was employed by the McHenry County Sheriff’s
Office prior to resignation.

Section 25.5 Corrections Training Officer

An employee assigned to the position of Corrections Training Officer shall receive one
(1) hour of compensatory time for each shift in which the employee actually provides
training.

ARTICLE XXVI - BENEFITS AND PENSIONS

Section 26.1. Health Benefits
 
The Employer will provide employees with coverage under the Blue Cross/Blue Shield
Plan as amended from time to time, however, the employer reserves the right to
self-insure or to change carriers as it deems appropriate, provided that the coverage and
benefits remain substantially the same. Any employee wishing to waive the health
benefits may do so by signing and filing the appropriate form in the Human Resources
office.
The Employer and the active employees shall share the cost of health, dental, and vision
coverage as follows:
PPO Employer % Employee %
Single 90% 10%
EE+1 80% 20%
EE+2 or more 80% 20%
HMO Employer % Employee %
Single 91% 9%
EE+1 88% 12%
EE+2 or more 87% 13%
Effective July 1, 2013, the PPO Employer and Employee contribution percentages (as
shown above) will remain the same and the co-insurance percentage will change from
90% to 85% (90/10 to 85/15).
43
Effective July 1, 2013, The HMO Employer and Employee contribution percentages will
be adjusted as shown below:
HMO Employer % Employee %
Single 90% 10%
EE+1 86% 14%
EE+2 or more 85% 15%
The dollar amount of employee contributions will be adjusted on the renewal date
(currently July 1) based upon the cost to the Employer and the cost sharing percentages
set forth above.

Section 26.2. Retiree Medical Benefits

The Employer will provide coverage to IMRF/SLEP retirees who retire after twenty (20)
years of service until the retiree or any dependent(s) becomes eligible for Medicare. The
employee shall pay the rates on the following schedules for their particular class of
coverage. The rates for all retirees shall be adjusted up or down by the same
percentage as the Employer’s premium for their class of coverage on the renewal date of
each year (currently July 1)

All Rates Shown are as of July 1, 2011

IMRF/SLEP Early Retirees
Opt. Dental
PPO EE% HMO EE% EE%
Single $673.01 80% $443.26 80% 80%
EE+1 $1,050.76 65% $691.86 65% 65%
EE+2 or more $1,355.74 65% $893.60 65% 65%
44
IMRF/SLEP Early Retirees (One Medicare eligible with one or more Non-Medicare
eligible):
Opt. Dental
PPO EE% HMO EE% EE%
Single $569.61 100% $375.14 100% 100%
EE+1 $1,410.86 100% $929.27 100% 100%
EE+2 or more $1,814.13 100% $1,195.81 100% 100%
IMRF/SLEP Retirees (Member and dependents all on Medicare):
Opt. Dental
PPO EE% HMO EE% EE%
Single $569.61 100% $375.14 100% 100%
EE+1 $1,139.23 100% $709.52 100% 100%
EE+2 or more $1,139.23 100% $709.52 100% 100%
Leaves of Absence and Workers Compensation Leave after first 12 months:
Opt. Dental
PPO EE% HMO EE% EE%
Single $841.28 100% $554.12 100% 100%
EE+1 $1,616,58 100% $1,064.38 100% 100%
EE+2 or more $2,085.76 100% $1,374.76 100% 100%
COBRA rates shall be set at the maximum amount permitted by law.

Section 26.3. Death Benefit

The Employer shall maintain McHenry County Employee Death Benefit and Accident
Death and Dismemberment Benefit as adopted April 1, 1987 in full force and effective
during the term of this Agreement, however the Accidental Death and Dismemberment
Policy shall be increased to $30,000.00.

Section 26.4. Pensions

The Employer shall continue to contribute on behalf of the Employees to the Illinois
Municipal Retirement Fund in the amount the Employer is required to under State
Statutes.

Section 26.5. Deductions

The Employer shall deduct any Employee contribution required in this Agreement from
wages due the Employee.

Section 26.6. IRC Section 125 Plan

The County will institute an IRC 125 Plan whereby employees will be able to pay for their
share of medical, dental and visual premiums with pre-tax earnings. This plan will remain
in effect so long as it continues to be permitted by the Internal Revenue Code, and the
County suffers no adverse financial effects other than the initial implementation costs.

ARTICLE XXVII - LABOR MANAGEMENT/SAFETY COMMITTEE

Section 27.1. Labor Management Conferences

The Council and the Employer mutually agree that in the interest of efficient
management and harmonious Employee relations, it is desirable that meetings be held
between Council representatives and responsible administrative representatives of the
Employer. Such meetings may be requested at least seven (7) days in advance by either
party by placing in writing a request to the other for a labor-management conference and
expressly providing the agenda for such meeting. Such meetings shall be limited to:
a) Discussion of the implementation and general administration of this Agreement;
b) A sharing of general information of interest to the parties;
c) Notifying the Council of changes in non-bargaining conditions of employment
contemplated by the Employer, which may affect Employees;
d) Discussion of pending grievances on a non-binding basis to attempt to adjust
such grievances and to discuss procedures for avoiding further grievances;
e) Items concerning safety issues.

The Employer and the Council agree to cooperate with each other in matters of the
administration of this Agreement and to the degree that standards of law enforcement
can be maintained for the maximum protection of the citizens of the State of Illinois.
To effectuate the purposes and intent of the parties, both parties agree to meet as
necessary.

Section 27.2. Integrity of Grievance Procedures

It is expressly understood and agreed that such meetings shall be exclusive of the
grievance procedures. Grievances being processed under the grievance procedure shall
not be discussed in detail at labor-management conference, and any such discussions of
pending grievances or reviews shall be non-binding on either party and solely for the
purpose of exploring alternatives to settle such grievances or reviews and such
discussions shall only be held by mutual agreement of the Employer and the Council, nor
shall negotiations for the purpose of altering any or all of the terms of this Agreement be
carried on at such meetings.
Section 27.3. Safety Issues

No Employee shall be required to use any equipment that has been designated by both
the Council and the Employer as being defective because of a disabling condition
creating a serious risk to safety of Employees 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 creating a serious risk to safety of Employees, the officer will notify
his supervisor, complete required reports, and follow the supervisor’s direction relative to
requesting repair, replacement, or the continued operation of said vehicle.

The Employer shall take all reasonable steps within available budgeted funds to protect
Employees during working hours in the performance of their duties.

The Employer shall be committed to make every reasonable attempt to budget
necessary funds to correct established safety conditions as jointly identified through
labor-management conferences.

Section 27.4. Reports

Any report or recommendation which may be prepared by the Council or the Employer
as a direct result of a labor-management conference discussion will be in writing and
copies shall be submitted to the Employer and the Council.

Section 27.5. Council Representative Attendance

When absence from work is required to attend labor-management conferences,
Employees shall, before leaving their workstation, give reasonable notice to and receive
approval from their supervisor in order to remain in pay status. Supervisors shall approve
the absence except in emergency situations. Employees attending such conferences
shall be limited to two (2) and those attending such conferences outside scheduled work
time shall not be compensated by the Employer.

ARTICLE XXVIII - GENERAL PROVISIONS

Section 28.1. Use of Masculine Pronouns

The use of the masculine pronoun in this or any other document is understood to be for
clerical convenience only, and it is further understood that the masculine pronoun
includes the feminine pronoun as well.

Section 28.2. Work Rules. General Orders and County Policy

The Work Rules and General Orders of the Sheriff, as from time to time amended, which
are not in conflict with this Agreement shall continue in full force and effect.

Section 28.3. F.O.P. Access to Employer Premises

Authorized representatives of the National or State Council shall be permitted to visit the
Office during working hours to talk with officers of the local Council and/or
representatives of the Employer concerning matters covered by this Agreement. Such
representatives shall give reasonable notice to the Sheriff or his designee, and such
visits shall not interfere with the operations of the Sheriff’s Office.

Section 28.4. Weapon Maintenance

a) The service weapons of any Employee authorized to carry weapons by the Sheriff
shall be repaired by a certified gunsmith at the expense of the Sheriff, ordinary
wear and tear excepted. This provision shall apply to weapons registered with the
Range Officer. The certified gunsmith shall be selected by the Sheriff
b) The Sheriff shall continue to supply cleaning material for ordinary maintenance of
such weapons.

Section 28.5. F.O.P. Examination of Pay Records

The Council or a representative shall have the right to examine time sheets and other
records pertaining to the computation of compensation of any Employee whose pay is
the subject of a grievance or any other records of the Employee pertaining to a specific
grievance at reasonable times with the Employee’s consent, except those records not
pertaining to a specific grievance or those records excluded under the Personnel Files
Article of this Agreement unless that particular Article is the subject of a grievance.

Section 28.6. Damages Personal Property

The Employer agrees to repair or replace as necessary an officer’s eyeglasses, contact
lenses, prescription sunglasses up to a value of $150.00 and watches up to a value of
$50.00, or other items of personal equipment if such are damaged or broken, if during
the course of the Employee’s duties the Employee is required to exert physical force or is
attacked by another person. Incident to be documented with immediate supervisor
outside the bargaining unit. Employee shall provide receipts prior to reimbursement.

Section 28.7. Inoculations

The Employer agrees to pay all expenses for inoculation or immunization shots for the
Employee and for members of an Employee’s family when medically required as a result
of said Employee’s exposure to contagious diseases where said officer has been
exposed to said disease in the line of duty.

Section 28.8. Bulletin Boards

The Employer shall provide the Council with designated space on available bulletin
boards or provide bulletin boards on a reasonable basis where none are available for
purposes of the Council.

Section 28.9. Location of Meetings

All meetings provided for in this Agreement or required by law as a result of this
Agreement shall be held in McHenry County, Illinois, unless mutually agreed otherwise.

Section 28.10 Residency

The residency for members of the Bargaining Unit shall be any county touching McHenry
County, including Walworth and Kenosha County in the state of Wisconsin.
An officer assigned to CERT shall live no more than twenty-five (25) miles from the
facility.

ARTICLE XXIX - SAVINGS CLAUSE

If any provision of this Agreement or any application thereof should be rendered or
declared unlawful, invalid or unenforceable by virtue of any judicial action, or by an
existing or subsequently enacted Federal or State legislation, or by Executive Order or
other competent authority, the remaining provisions of this Agreement shall remain in full
force and effect. In such event, upon the request of either party, the parties shall meet
promptly and negotiate with respect to substitute provisions for those provisions
rendered or declared unlawful, invalid or unenforceable.

ARTICLE XXX - LEAVES OF ABSENCE

Section 30.1. Discretionary Leave

a) The Sheriff may grant leaves of absence, without pay or salary, to Employees
under his supervision for job related reasons (such as further training or study),
which will enable Employees to perform their usual and customary duties with
greater efficiency and expertise, or for other valid reasons (such as prolonged
illness of the Employee, his spouse, or his child or children or childbirth). The
denial of discretionary leaves shall not be subject to the Dispute Resolution and
Grievance Procedure of this Agreement.
b) The Sheriff may assure an Employee who is granted such leave, that the
Employee’s position, or job, will be restored to him at the conclusion of such
leave; provided, however, that the Employee’s employment by the County might,
and could, be terminated if, during the period of such leave, the Employee’s
position, or job were to be eliminated by action of the County Board or the
enactment or amendment of State or Federal legislation would result in. the
elimination of such position or job.
c) No leave shall be granted for a period exceeding one hundred eighty (180)
consecutive calendar days, nor shall any Employee be granted a leave, or leaves,
totaling more than one hundred eighty (180) days in a given calendar year without
the approval of the County Board.
d) An Employee on leave will not accrue any benefits whatsoever.

Section 30.2. Absence Due to Death in Immediate Family

a) In the event of the death of an immediate family member, an Employee shall be
permitted to be absent from his job for an appropriate number of days up to three
(3) days per occurrence with the Sheriff’s approval, and for each such day’s
absence, the Employee shall receive compensation at this normal rate of pay. If
the Employee desires to be absent for more than three (3) days, he may utilize
previously earned, unused vacation days and receive compensation for each
such additional absence.
b) Any absence to attend the funeral of anyone who is not a member of an
Employee’s immediate family may be arranged with the Sheriff without pay,
previously earned and unused vacation days may be utilized in such case with the
consent of the Sheriff.
c) The immediate family is defined as follows:
Father, Stepfather, Mother, Stepmother, Mother-in-law, Father-in-law,
Guardian, Husband, Wife, Civil Union partner as defined in Illinois Statute
(Civil Union Act), Stepson, Stepdaughter, Brother, Stepbrother, Sister,
Stepsister, Son, Daughter, Son-in-law, Daughter-in-law, Grandparents,
Grandparents-in-law, Grandchildren of either spouse.

Section 30.3. Jury Duty

An Employee subpoenaed to testify in any civil matter arising out of the employee’s
performance of his/her duties with the Employer shall be released from duty without loss
of pay for such appearances. This section does not apply when the employee is
subpoenaed to testify against the Employer. [Emphasis added.] An employee required to serve on a grand
jury or petite jury shall be granted leave for the period required to serve on such jury
without loss of pay. Such employees shall return attendance compensation otherwise
due them for serving on such jury.

Section 30.4. Military Leave

Military leave shall be granted in accordance with the McHenry County Personnel Policy
as long as such policy is in accordance with Federal law.
Section 30.5. Maternity Leave
Pregnant Correctional Officers covered under this agreement may be afforded the same
accommodation as outlined in Sheriff’s General Order 1.4.09.
Section 30.6. Leave to Conduct Council Activities
a) The Council shall have the right to have one (1) Council member placed on an
unpaid leave of absence for the purpose of conducting Council activities. Any
Council member so designated shall receive any benefits under this Agreement
except as follows: The Employee would retain the right to participate in the
Employee’s Group Insurance Program(s) provided that the cost of such is paid by
the Employee and the Employee may continue to participate in the Employee’s
Retirement Program with the Employee paying all contributions normally paid by a
county Employee.
b) The leave may be renewed on an annual basis. Should the Employee on leave
desire to return to active service with the Department, the Employee on leave
must wait to return to active service until such time as a vacancy exists in the job
classification previously held by the Employee.

Section 30.7. Prohibition Against Misuse of Leaves

During any leave granted pursuant to the terms of this Agreement, regardless of being
with or without pay, an Employee may not be gainfully employed or independently
self-employed without prior approval by the Employer. Violation of the provisions
contained within this Agreement shall subject the Employee to immediate discharge and
loss of all benefits and rights accrued pursuant to the terms of this Agreement.

ARTICLE XXXI - COMPLETE AGREEMENT

The parties acknowledge that during the negotiations, which preceded this, Agreement
each had the unlimited right and opportunity to make demands and proposals with
respect to any subject or matter not removed by law from the area of collective
bargaining. The understandings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth in this Agreement.

ARTICLE XXXII - DURATION AND SIGNATURE

Section 32.1. Term of Agreement

This Agreement shall be effective from December 1, 2011 and shall remain in full force
and effect until November 30, 2014. It shall continue in effect from year to year thereafter
unless notice of termination is given in writing by certified mail by either party to the other
not more than one-hundred and eighty (180) days nor less than one-hundred twenty
(120) days prior to expiration. The notices referred to shall be considered to have been
given as of the date shown on the postmark. Written notice may be tendered in person,
in which case the date of notice shall be the written date of receipt.

Section 32.2. Continuing Effect

Notwithstanding any provision of the Article or Agreement to the contrary, this
Agreement shall remain in full force and effect after any expiration date while
negotiations or Resolution of Impasse Procedure are continuing for a new Agreement or
part thereof between the parties.

Section 32.3. Procedure on Notice of Termination

The parties agree that if either side decides to reopen negotiations upon termination,
making any changes in the Agreement, the other party may so notify the other at least
one-hundred twenty (120) days and no more than one-hundred and eighty (180) days
prior to the expiration of the Agreement or the extension thereof. In the event such notice
to negotiate is given, then the parties shall meet not later than ten (10) days after the
date of receipt of such notice, or at such reasonable times as are agreeable to both
parties for the purposes of negotiation. All notices provided for in this Agreement shall be
served upon the other party by registered mail, return receipt requested.
IN WITNESS THEREOF, the parties hereto have affixed their signatures this
__________ day of______________ 2011.
FOR THE EMPLOYER: FOR THE COUNCIL:
___________________________ __________________________________
COUNTY BOARD CHAIRMAN UNIT REPRESENTATIVE
___________________________ __________________________________
SHERIFF UNIT REPRESENTATIVE
___________________________ __________________________________
COUNTY CLERK UNIT REPRESENTATIVE
(SEAL)
_______________________________
ILLINOIS F.O.P. LABOR COUNCIL
54
EXHIBIT 1 – Wage Scale
12/1/2011 12/1/2012 12/1/2013
Start $21.73 $22.33 $22.99
Year 1 $22.43 $23.05 $23.74
Year 2 $22.94 $23.57 $24.28
Year 3 $23.74 $24.39 $25.12
Year 4 $24.51 $25.18 $25.94
Year 5 $25.36 $26.06 $26.83
Year 6 $26.25 $26.97 $27.79
Year 7 $26.89 $27.63 $28.46
Year 8 $28.99 $29.79 $30.68
Year 9 $31.34 $32.20 $33.18
Year 10 $36.62 $37.63 $38.75
Start $45,19 8.40 $46,44 6.40 $47,81 9.20
Year 10 $76,169.60 $78,210.40 $80,000.00
Year 1 2.00%
Year 2 2.75%
Year 3 3.00%
55
EXHIBIT 2 – Dues Deduction Form
ILLINOIS FRATERNAL ORDER OF POLICE
LABOR COUNCIL
974 CLOCK TOWER DRIVE
SPRINGFIELD, ILLINOIS 62704
I,_____________________________, hereby authorize my employer, the
_________________________________________, to deduct from my wages the
uniform amount of monthly dues set by the Illinois Fraternal Order of Police Labor
Council, for expenses connected with the cost of negotiating and maintaining the
collective bargaining agreement between the parties, and to remit such dues to the
Illinois Fraternal Order of Police Labor Council as it may from time to time direct.
Signed: ________________________________
Date: _________________ Address: ________________________________
City: ________________________________
State: _________________ Zip: __________
Telephone: ________________________________
Please remit all dues deductions to:
Illinois Fraternal Order of Police Labor Council
974 Clock Tower Drive
Springfield, IL 62704
(217) 698-9433
56
EXHIBIT 3 – Side Letter Regarding Insurance
[Blank]

EXHIBIT 4 – Grievance Form
[Blank]

# posted by Cal Skinner : 5:00 PM

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