CBA Articles 22-26 pg. 49-61

Questions and Answers

What authority does the City Board of Fire and Police Commissioners retain concerning employees?

The authority to establish hiring standards outside of established regulations

The authority to terminate any employee without cause

The authority to adopt rules regarding the promotional process (correct)

The authority to oversee all employee evaluations

What is the minimum notice period for an investigatory meeting called by a third party?

Immediate, without any time delay

24 hours after the end of the shift during which the incident occurred (correct)

48 hours after the incident

72 hours after the incident

What happens if an employee's job-related license is suspended by a third-party?

The employee will be reimbursed for the suspension period

The employee can continue working under a temporary license

The employee must serve an unpaid suspension from employment (correct)

The employee will face automatic termination from their position

What action does the City take after a third-party investigation?

They perform their own investigation into the incident Signup and view all the answers

What will the City do if it finds a third-party suspension unwarranted?

The City will make the employee whole for the difference in suspension times Signup and view all the answers

How is the make-whole remedy implemented for an employee affected by a third-party suspension?

By crediting the employee's compensatory time bank Signup and view all the answers

Which Articles must the rules and regulations comply with regarding the BFPC's authority?

Articles XX, XXII, and XXV Signup and view all the answers

What limitation applies to the compensatory time bank concerning the make-whole remedy?

It does not count toward the 108-hour compensatory time bank limit Signup and view all the answers

What is the minimum service time required in the rank of Lieutenant to be eligible for promotion to Captain?

Three years Signup and view all the answers

Which certification is NOT acceptable for promotion eligibility to Captain?

Basic Firefighter Certification Signup and view all the answers

How are seniority points calculated for candidates in the promotion process?

Pro-rata based on the most senior candidate's years of service Signup and view all the answers

What authority does the Fire Chief or Acting Fire Chief have over non-probationary employees?

They can suspend, demote, or dismiss employees. Signup and view all the answers

What percentage weight is assigned to the written examination component of the Captain's promotional process?

40% Signup and view all the answers

Under what condition can an employee bring a grievance against a written reprimand?

Written reprimands can be appealed to Step 3 of the grievance procedure. Signup and view all the answers

How long can a non-probationary employee be suspended without pay by the Fire Chief?

45 calendar days Signup and view all the answers

Which option reflects the maximum points available for the Education merit component under Lieutenant’s Ascertained Merit?

50 points for a Bachelor's Degree in Fire Management Signup and view all the answers

What happens if an arbitrator finds that a suspension or dismissal was not supported by just cause?

The arbitrator can rescind or modify the action and may order back pay. Signup and view all the answers

What is the cutoff date for the submission of requests for merit points?

February 1st Signup and view all the answers

Which of the following actions can result in an employee being placed on administrative leave?

Being under investigation for serious misconduct. Signup and view all the answers

Which merit component provides points for department involvement?

Specialty Team Participation Signup and view all the answers

What is not a right of the employee during an investigatory meeting?

To appeal the findings of the investigation. Signup and view all the answers

What type of degrees is eligible for maximum points in the Captain's merit component related to education?

Master's Degree Signup and view all the answers

How many points are awarded for participating in specialty teams?

Ten points for being a team member Signup and view all the answers

When can disciplinary records be expunged from an employee's personnel file?

Only upon the written request of the employee. Signup and view all the answers

What is the maximum time frame for an employee to be temporarily suspended during their probationary period?

3 duty days or less Signup and view all the answers

What happens if a candidate withdraws after the February 1st cutoff date?

Their seniority points are not adjusted Signup and view all the answers

What must be offered to a non-probationary employee before termination?

A meeting to explain the reasons for dismissal. Signup and view all the answers

What percentage weight does the Assessment Center hold in the Captain's promotional process?

30% Signup and view all the answers

Which of the following disciplinary actions cannot be appealed to the City Board of Fire and Police Commissioners?

Verbal reprimands Signup and view all the answers

Which of the following components is NOT part of the promotional process?

Physical fitness test Signup and view all the answers

What is the requirement before a formal investigation begins if an employee is charged with a felony?

The employee must be put on unpaid leave. Signup and view all the answers

How many points can be awarded for academic achievements under Lieutenant’s Ascertained Merit?

Up to 100 points Signup and view all the answers

Which misconduct does NOT warrant immediate expungement from personnel files upon request?

Suspensions regardless of duration. Signup and view all the answers

In terms of promotional procedure, when does a candidate become eligible for promotion?

Upon meeting the eligibility criteria outlined Signup and view all the answers

What is the role of the grievance process concerning disciplinary actions?

It is a means to contest certain disciplinary actions as specified in the procedures. Signup and view all the answers

What is the maximum number of points a candidate can earn for participation in recognized roles?

20 points Signup and view all the answers

Which of the following roles is NOT part of the recognized roles list?

Community Outreach Coordinator Signup and view all the answers

How many points can be awarded for serving on the Pension Board?

10 points Signup and view all the answers

What requirement must a Paramedic preceptor meet to receive additional points?

Be on the list established by the Bureau Chief of EMS Signup and view all the answers

Which of these committees is eligible for points based on participation?

Department Wellness Committee Signup and view all the answers

What is the maximum number of points available for professional certifications?

35 points Signup and view all the answers

Which of the following components does not contribute to the merit component points?

Promotional Exam Performance Signup and view all the answers

For what reason may a candidate apply for points for ad-hoc committee work?

Nature of the activity and its value to the department Signup and view all the answers

Which of the following is NOT a requirement for the Assessment Center?

Involvement of the Fire Chief in scoring Signup and view all the answers

What is the minimum time frame for notifying the Office about the selection of assessors prior to the Assessment Center?

30 days Signup and view all the answers

How many points will be awarded for attending a training session not sanctioned by qualifying agencies?

1 point Signup and view all the answers

What is the requirement for point allocation for multiple certifications from the same agency?

Only one certification can be credited for the same class Signup and view all the answers

Who is responsible for developing the reading list for the written examination?

The Union/City’s book committee Signup and view all the answers

What is the minimum passing score required for applicants on the written exam?

70% Signup and view all the answers

Who has the final authority to determine the validity of score challenges during the evaluation process?

The BOFPC or designated representative Signup and view all the answers

How are the scores from the promotional test components adjusted before ranking candidates?

By applying a weighting factor assigned to each component Signup and view all the answers

What is the veteran’s preference points allocation for military service in the promotional process?

7/10 of one point for each 6 months of service Signup and view all the answers

What happens if a candidate refuses a promotion sequence a second time?

The candidate is removed from the final promotion list Signup and view all the answers

For how long is the final promotion list effective after its posting?

Three years Signup and view all the answers

What is required from candidates if they wish to receive points for being a military veteran?

Request in writing within ten calendar days of the posting Signup and view all the answers

What must the BOFPC consider when appointing candidates to funded positions?

The final ranking on the promotion list Signup and view all the answers

What constitutes grounds for the Fire Chief to pass over a candidate on the promotion list?

Substantial shortcomings in work performance or misconduct Signup and view all the answers

When must disputes regarding selection be resolved?

Within three calendar days following the written notification Signup and view all the answers

What happens to the scores of candidates after all promotional processes are finalized?

Scores are consolidated into a final tallied score Signup and view all the answers

What is the purpose of the written exam in the promotional process?

To evaluate candidates based on their scores and provide ranking Signup and view all the answers

Which of the following is NOT involved in the promotional testing process?

Physical fitness tests Signup and view all the answers

What is the required action for employees regarding outside employment?

Notify the Chief in writing. Signup and view all the answers

Which of the following would NOT be a valid reason for prohibiting outside employment?

It uses personal equipment at home. Signup and view all the answers

What defines 'Like Work' in this context?

Work providing emergency services as outlined. Signup and view all the answers

Who is prohibited from performing 'Like Work'?

All new hires. Signup and view all the answers

What happens when an employee severes their relationship with 'Like Work'?

They are required to submit written notification to the fire chief. Signup and view all the answers

According to the Article XXIV, what should employees comply with?

All City rules and regulations unless in conflict with the Agreement. Signup and view all the answers

When is a vacancy deemed to occur in the ranks of Captain or Lieutenant?

When the position is vacated and continues to be funded. Signup and view all the answers

What does the act specify for eligibility to promote to Lieutenant?

Five years of service and specific certification. Signup and view all the answers

If a position of Captain becomes vacant and not filled due to lack of funding, what happens to the promotion list?

It remains active for four years or until filled. Signup and view all the answers

What is the role of the City of Naperville Board of Fire and Police Commission in promotions?

They supervise the promotional process. Signup and view all the answers

Employees must notify their employer when they engage in outside employment occurrences except for which situation?

When it is volunteer work only. Signup and view all the answers

What action is required if an employee is terminated or leaves their 'Like Work'?

They must inform the Fire Chief in writing within 30 days. Signup and view all the answers

What is the consequence of engaging in outside employment during an employee's work shift?

It conflicts with city policies and is prohibited. Signup and view all the answers

How long does an individual have to file a grievance regarding the promotional process?

Seven (7) calendar days Signup and view all the answers

What is a condition under which an employee may not file a grievance?

Disputes over the level of ratings awarded Signup and view all the answers

What defines 'illegal drugs' according to the policy?

Any drug that is illegal under federal or state law, excluding cannabis Signup and view all the answers

What can happen to an employee who voluntarily seeks treatment for substance abuse?

They will incur no adverse employment action prior to testing Signup and view all the answers

Which actions are prohibited for employees under this policy?

Possessing alcohol on City premises Signup and view all the answers

What must occur before an employee is allowed to return to regular duties after seeking treatment?

Successful completion of a return-to-work medical examination Signup and view all the answers

Under what circumstances can an employee be required to submit to drug and alcohol testing?

Reasonable suspicion of being under the influence Signup and view all the answers

What may trigger a requirement for drug and alcohol testing according to Section 26.4?

Observing erratic behavior of the employee Signup and view all the answers

What happens during the pendency of a timely filed grievance?

The promotion shall remain in abeyance Signup and view all the answers

What is one of the stipulations regarding voluntary requests for assistance?

They cannot be made more than twice in ten years Signup and view all the answers

Which of the following is a specific basis for determining reasonable suspicion for testing?

Witness accounts of drug possession Signup and view all the answers

Which substance is explicitly excluded from the definition of 'illegal drugs'?

Cannabis Signup and view all the answers

What might happen if an employee fails to report side effects of medication they are taking?

They could face disciplinary action Signup and view all the answers

Under what condition may the City reassign an employee who is voluntarily seeking treatment?

If they are determined unfit for duty while in treatment Signup and view all the answers

What is the duration of mandatory random testing for alcohol and/or drugs after an employee's return to work?

12 months Signup and view all the answers

What happens to an employee who tests positive for alcohol or prescription drug abuse while on duty for the second time?

They will be subject to discipline, including discharge. Signup and view all the answers

Which of the following statements accurately describes the City’s obligations regarding treatment for substance abuse?

The City will only cover treatment services provided by its medical insurance plan. Signup and view all the answers

Under what condition can the City determine that an employee cannot remain on active status during rehabilitation?

If their use of alcohol or drugs poses a direct threat to health or safety. Signup and view all the answers

What should happen if any part of the Agreement is held invalid by a competent authority?

Only the invalidated part is affected, and the rest remains in effect. Signup and view all the answers

What is the required notice period for modification of the Agreement by either party?

150 days Signup and view all the answers

Which leaves may an employee use while attending a treatment program for substance abuse?

Accrued sick leave and vacation leave Signup and view all the answers

What happens to promotions as per the Agreement upon its expiration?

They terminate without further notice. Signup and view all the answers

What is the maximum length of the treatment prescribed, including after-care?

12 months Signup and view all the answers

What is the consequence for an employee if they test positive for being under the influence of alcohol for the first time?

Discipline but not dismissal if treatment is completed Signup and view all the answers

How must the City proceed if an employee tests positive for a drug?

Both the initial screening and confirmation test must be positive Signup and view all the answers

What does 'under the influence' of alcohol equate to according to the standards set in the agreement?

A blood alcohol level of 0.02 grams of alcohol per 100 milliliters of blood Signup and view all the answers

What action is prohibited when an employee is ordered to submit to drug testing?

The employee can refuse to submit to the testing Signup and view all the answers

Which testing method is used for confirmatory drug testing?

Gas chromatography/mass spectrometry (GC/MS) Signup and view all the answers

What must be provided to each employee tested concerning the results?

A copy of all written information and reports received by the City Signup and view all the answers

What happens in the event of a negative test result following a testing procedure?

Emergency reassignment or relief from duty is discontinued Signup and view all the answers

Which laboratory standard is required for drug testing under this agreement?

A certification according to SAMHSA standards Signup and view all the answers

Which must an employee demonstrate to use a positive cannabis test as a violation of duty?

Additional observed symptoms of impairment Signup and view all the answers

If an employee wishes to contest a drug or alcohol test result, what procedure must they follow?

They must file a grievance as stated in the procedure Signup and view all the answers

What happens if an employee refuses to cooperate with the administration of drug or alcohol testing?

They may be subject to disciplinary action Signup and view all the answers

What role does a Union representative play during the testing process?

They can be contacted but cannot delay the test Signup and view all the answers

Which of the following describes the requirement for urine sample collection?

Witnessing is only required under specific suspicion Signup and view all the answers

What is the time frame for an employee to request an additional test after receiving results?

48 hours Signup and view all the answers

Which of the following actions can lead to immediate emergency temporary reassignment or relief from duty?

Positive test results Signup and view all the answers

Study Notes

Board of Fire and Police Commissioners

Authority of the City Board of Fire and Police Commissioners (BFPC) to hire bargaining unit employees is preserved.
BFPC can adopt rules for the promotional process, must conform to Articles XX, XXII, and XXV of the Agreement.

Discipline, Discharge & Personnel Records

Third Party Investigations
- Employees accountable to third-party agencies may face investigatory meetings.
- City aims to hold meetings 24 hours post-incident.
- If an employee's license is suspended, they will serve an unpaid suspension equaling that period.
- City will conduct its investigation and may make the employee whole if they determine the third-party’s action was unwarranted.
Discipline and Discharge
- Supervisors can issue oral/written reprimands; Bureau Chiefs can recommend suspensions or dismissals.
- Fire Chief can impose unpaid suspensions of up to 45 days on non-probationary employees.
- Employees can appeal certain disciplinary actions through grievance procedures but cannot appeal oral reprimands.
Administrative Leave
- Employees may be placed on leave with pay when under investigation for serious misconduct.
- Indicted employees charged with felonies may be placed on unpaid leave, with a prompt hearing opportunity.
Right to Representation
- Employees can have a representative during investigatory meetings if they might face discipline.
Personnel Records
- Employees can access personnel records as per the Illinois Personnel Record Review Act.
- Disciplinary records can be expunged after specified time periods upon employee request.

Outside Employment

Employees must notify the Chief of any outside employment, defined as any paid work outside their City role.
Outside employment is permitted if it doesn’t conflict with City interests or duties.
Newly hired employees cannot engage in “Like Work” (e.g., similar emergency services) during their employment with the City.

Department Rules

Employees must comply with City rules unless they conflict with the Agreement; disputes are resolved through grievance procedures.

Promotions

Promotions to Captain and Lieutenant must follow the Fire Department Promotion Act.
Vacancies are defined when positions are funded and authorized; promotion lists remain active for up to four years if positions are reinstated.
Eligibility Requirements:
- Lieutenants must have served five years and be certified as Fire Officer I.
- Captains must have served three years as Lieutenants, hold Fire Officer II certifications, and have an Associate's Degree.
Promotional Process Components
- Promotions evaluated based on seniority, merit, promotability rating, assessment center performance, and written exam results.
- Seniority is calculated based on service up to a maximum of 25 years; points are awarded pro-rata.
Ascertained Merit Criteria
- Education components yield significant points for degrees held.
- Specialty team participation and department involvement contribute additional points to the merit evaluation.

General Management and Compliance

Employees must adhere to City policies that align with the Agreement.
Disputes over policy compliance should be raised through established grievance processes.### Application Process for Points
Candidates must submit a written application to the Fire Chief detailing the activity and its value to the department.
The Fire Chief's decisions regarding point awards for committee work or department participation are final and are not subject to grievance.

Paramedic Preceptor Points

A preceptor must be listed by the Bureau Chief of EMS to earn one point.
Additional point awarded for assigning a student during the term, with a maximum of two points available.

Merit Component Points

Up to twenty points available for various merit components.

Merit Component 4 - Boards

Candidates can earn ten points for serving on specified boards such as:
- Foreign Fire Tax Board
- Pension Board
- Wellness Committees (Wellness/Fitness, Safety, Cancer)
- Union Executive Board
- Union Steward

Merit Component 5 - Professional Certifications

Two points awarded for each certification from qualifying agencies (IFSI, OSFM, Illinois Fire Chiefs, FEMA, NFA, Emergency Rescue Diver).
One point is awarded for attendance at classes or training sessions not sanctioned by the aforementioned agencies, provided a certificate of attendance is obtained.
A maximum of thirty-five points can be earned under this component.

Promotability Rating Points

Awarded according to specified procedures.
The union may monitor the scoring process as detailed in designated appendices.

Assessment Center

Conducted using multiple assessment techniques and tactical exercises.
An independent vendor oversees the process, utilizing a panel of fire officers from other Illinois jurisdictions.

Testing and Scoring

Written examination materials will be posted at fire stations, developed in cooperation with a committee at least 15 months before the exam.
A qualified outside vendor conducts the examination, and scores are available for review immediately after scoring.
Candidates must achieve a minimum score of seventy percent on the written exam to qualify for the promotion list.

Final Promotion List

Components scored on a scale of 100 points; combined for a total score of 100.
The preliminary promotion list displays candidates in rank order based on their scores.
Veterans can receive preference points, up to 10, based on military service.

Order of Selection for Vacant Positions

The person with the highest rank on the final list will be appointed to vacant Lieutenant or Captain positions unless passed over for valid reasons documented by the Fire Chief.
Candidates may refuse a promotion once without penalty, but a second refusal results in removal from the promotion list.

Duration and Review of Final Promotion List

The final promotion list is valid for three years.
Grievances regarding examination errors or eligibility must be filed within seven days of the final promotion list posting.

Drug and Alcohol Testing Policy

Defines "illegal drugs" and outlines the risks of drug and alcohol abuse.
The City commits to maintaining a drug-free workplace and allows for voluntary assistance for employees seeking treatment.

Prohibitions Regarding Substance Use

Employees are prohibited from using or possessing alcohol or illegal drugs during working hours.
Failure to report side effects of medications that could affect performance is also prohibited.

Testing Procedures

Reasonable suspicion leads to mandatory testing, determined by a supervisor after observing specific behaviors or symptoms.
Testing procedures ensure confidentiality and require proper conduct in collection.

Test Results and Follow-Up

Employees testing positive for illegal substances will not return to work until results are confirmed.
Testing methods include multiple tests with opportunities for retests by independent facilities.### Drug and Alcohol Testing Protocols
Laboratories or hospitals must report a positive blood or urine sample only if both initial screening and confirmation tests confirm the presence of a drug.
The City will disregard any inconsistent information about testing, such as billings that reveal the nature or number of tests conducted, ensuring it is not used against an employee.

Employee Rights and Responsibilities

Employees undergoing testing must receive copies of all written reports related to the testing and results.
No adverse employment actions, apart from emergency temporary reassignments with pay, can be imposed during testing procedures; such actions must cease upon a negative test result.

Influence Definition and Testing Criteria

"Under the influence" is defined as having a blood alcohol level of 0.02 grams per 100 milliliters, confirmed via evidential breath testing.
A drug test is considered positive if it shows any illegal drug presence, cannabis, or levels over the Substance Abuse and Mental Health Services Administration (SAMHSA) standards.

Cannabis Testing Specifics

Positive cannabis tests can only determine on-duty impairment if accompanied by observable symptoms of impairment by a supervisory employee.

Employee Grievance Rights

Employees retain the right to file grievances against alleged violations of testing protocols.
If disciplinary action occurs due to test results, employees can challenge results through a grievance procedure starting at Step 2.

Disciplinary Actions for Violations

Employees may face discipline, potentially including discharge, for violating drug and alcohol testing provisions.
First-time offenders for substance use on duty may avoid dismissal if they comply with treatment through the City’s Employee Assistance Program (EAP) and sign a Last Chance Agreement.

Conditions for Continued Employment

Participation in treatment requires completion of the program, including 12 months of aftercare and random testing.
Employees testing positive again or not complying with treatment guidelines may face further disciplinary actions, including potential discharge.

Employment Status During Treatment

Employees rehab treatment does not guarantee retention if their condition affects job performance or poses safety risks.
Employees can use accrued sick leave and vacation time while attending treatment, and may also request FMLA leave or unpaid leave afterward.

Treatment Coverage

The City’s obligation to pay for treatment is limited to services provided through its medical insurance plan.

Validity and Enforceability Clause

Any part of the agreement deemed invalid by a competent authority does not affect the entire agreement's enforceability, which remains in effect.

Entire Agreement Clause

The agreement supersedes all prior agreements, full bar collective bargaining related to its contents unless explicitly stated otherwise.

Duration and Renewal of Agreement

The agreement is effective upon execution and lasts until December 31, 2024, automatically renewing annually unless written notification for modification is received 150 days prior to renewal.
If negotiations are ongoing after expiration, the agreement remains in effect until a new agreement is reached, though specific articles may terminate as agreed.

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Description

Board of fire and police, commissioners, discipline, discharge and personal records, outside employment, department rules, promotions, drug, and alcohol testing, savings, clause, entire agreement, duration, and terms of agreement.