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HomeMy WebLinkAboutRESOLUTION - 46-96 - 8/27/1996 - INTERGOVERNMENTAL AGRMTRESOLUTION NO. 46-96 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE COUNTY OF DUPAGE AND THE DUPAGE COUNTY SHERIFF'S DEPARTMENT (CHILD SEX OFFENDER AND MURDERER C V1UNITY NOTIFICATION ACP) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VIILAGE AND THE COUNTY OF DUPAGE AND THE DUPAGE COUNTY SHERIFF'S DEPARTMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 27th day of August , 1996. APPROVED this 27th ATTEST: Patricia S. Smith Village Clerk day of August , 1996. Dennis J. Gallitano Village President INTERGOVERNMENTAL AGREEMENT BEPNEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE COUNTY OF DUPAGE AND THE DUPAGE WUNTY SHERIFF'S DEPARTMENT This agreement is made and entered into this 27th day of August, 1996, between the Village of Elk Grove Village, a unit of local government and the County of DuPage and the DuPage County Sheriff's Department. WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract among themselves so as to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance ; and WHEREAS, the Intergovernmmeatal Cooperation Act, 5 ILCS 220/1 et seq., provides that any power or authority exercised or which may be exercised by a unit of local government may be exercised jointly with any other unit of local government; and WHEREAS, Article 1 of Public Act 89-428, the Child Sex Offender and Murderer Community Notification Law, mandates that a law enforcement agency is to disclose the name, address, offense or adjudication of all child sex offenders or child murderers within its jurisdiction to all entities named by the Illinois State Police; and WHEREAS, the parties have agreed that the DuPage County Sheriff's office shall provide the mandatory Child Sex Offender and Child Murderer Community Notification as required by statue on behalf of the Elk Grove Village Police Department according to all the terms and conditions as hereinafter set forth. NOW THEREFORE, based upon -the above premises, the parties hereby agree as follows: 1. It is expressly agreed upon and understood by the parties that the DuPage County Sheriff's Department will undertake for the Elk Grove Village Police Department the mandatory notification of registered child sex offenders and child murderers as required by Section 120(a) of the Child Sex Offender and Child Murderer Community Notification Act. It is and will remain the sole responsibility of the Elk Grove Village Police Department to register all Child Sex Offenders and Child Murderers residing within their jurisdiction; to make any discretionary community notification as allowed under Section 120(b); and to provide public access to child sex offender and child murderer information as provided in Section 120 (c) of the Act. 2. A copy of the Law Enforcement Agency policy regarding Child Sex Offender and Child Murderer Community Notification of Elk Grove Village Police Department shall be submitted to the DuPage County Sheriff's Department upon the execution of this Agreement. If any changes or amendments are made to the Policy, a copy of the change or amendment shall be promptly tendered to the DuPage County Sheriff's Department. 3. The Elk Grove Village Police Department has designated William Zimerman as their point of contact for purposes of the Child Sex Offender and Child Murderer Community Notification Law. If at any time there is a change regarding the identity of the above designated Point of Contact, the Law Enforcement Agency agrees to immediately notify the DuPage County Sheriff's Department. 4. That section 120(a) of the Child Sex Offender and Child Murderer Corm mity Notification Act provides that mandatory notification of registered child sex offenders and child murderers be given by the law enforcement agency during the first two weeks of February, May, August and Novedoer of each year. Accordingly, the Elk Grove Village Police Department agrees to provide to the Records Supervisor of the DuPage County Sheriff's Department with the name, address and the offense or adjudication of all child sex offenders who have registered with their law enforcement agency on or before January 1, April 1, July 1, and October 1, respectively. If the law enforcement agency fails to provide this information by these dates, the DuPage County Sheriff's Department will not undertake nor be responsible for any mandatory Community notification as required by the Act. If the law enforcement agency fails to provide the requisite information to the DuPage County Sheriff's Department by the aforesaid dates, the Sheriff's Department will so notify the law enforcement agency in writing and it shall thereafter be the sole responsibility of the Elk Grove Village Police Department to provide the mandatory notification of registered offenders within their jurisdiction. 5. The Record Supervisor of DuPage County Sheriff's Department may determine the form by which the offender information is to be provided to the Sheriff's Department, whether it be by electronic communication via LEADS, written ccmmunication or otherwise. 6. Upon receipt of the offender information from the respective law enforcement agency, the DuPage County Sheriff's Department shall prepare, in draft, the notification letter which will be sent to all entities named by the Department of State Police who are designated to receive mandatory notification. This draft shall be submitted to the Elk Grove Village Police Department for review at least fourteen (14) days prior to the scheduled notification period. The law enforcement agency shall review this draft and advise the Sheriff's Department of any additions, corrections or deletions. 7. The notification letter which will be utilized by the DuPage County Sheriff's Department shall be in the form as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. 8. The DuPage County Sheriff's Department agrees to provide notification to those entities named by the Department of State Police which are located within DuPage County. To the extent that mandatory notification is required to be given to those entities outside the County of DuPage on account of the fact that the jurisdiction of the law enforcement agency extends beyond the territorial limits of DuPage 2 County, it shall remain the obligation of the law enforcement agency to so notify them. 9. The Village of Elk Grove Village agrees, to the fullest extent provided by law, to defend, indemnify and hold harmless the County of DuPage, the DuPage County Sheriff and any of its agents and employees, including legal fees and expenses, against any and all claims of third persons arising in whole or in .substantial part for all matters relating to this agreement and mandatory Community notification. Upon receipt of any claim against it, the County of DuPage, and the DuPage County Sheriff shall promptly notify the Village of Elk Grove Village and thereafter cooperate with the defense of any and all claims. 10. Either party may terminate this Agreement upon thirty (30) days written notification. Further, the DuPage County Sheriff may terminate this agreement at any time for failure of the law enforcement agency to timely provide it with the offender information as provided in paragraph 4. 11. This Agreement shall be effective upon the signature of the duly authorized representative of the parties. The Agreement may be modified upon the written request and agreement of the parties. Village of Elk Grove Village Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk County of DuPage Chairman, DuPage County Board PWT 3 EXHIBIT "A" a�FFs 1 1 yv,oHs MEMBER ROBERTJ.S000EK CHIEF DEPUTY, CRIMINAL BUREAU ADMINISTRATION: 630-682-7269 CIVIL DIVISION: 630-682-7250 .ICY OPS (Y fad, OFFICE OF SHERIFF 1 �Uaxvj' p� RICkAW) PAU L iii IAl xN`� j COUNTY OF Dt PAGE sN. COUNTY F _gjp.+H�ATO N, Il Jia - { JOHN E. ZARUBA t UNDERSHERIFF, ADMINISTRATIVE BUREAU TO: All Mandated agencies for notification within DuPage County JOHN C. SMITH WARDEN, CORRECTIONS FROM: Richard P. DORIA, Sheriff of DuPage County for himself and on behalf of the following law enforcement agencies. Aurora Burr Ridge Elk Grove Hinsdale Oak Brook Terr Wayne Winfield Addison Carol Stream Elmhurst Itasca Roselle West Chicago Wooddale Bensenville Clarendon Hills Glendale Hgts Lisle St Charles Westmont Woodridge Bloomingdale Darien Glen Ellyn Lombard Villa Park Wheaton Bolingbrook Downers Grove Hanover Park Oakbrook Watrenville Willowbrook The attached fist represents the required mandatory notification for child sex offenders registered with the above fisted law enforcement agencies. Notification may be received by you from other Law Enforcement agencies within Dupage County. Should you have any questions regarding this notification, please contact the Records Division Supervisor at the DuPage County Sheriffs Office at 630/682-6660. Please save this list for future reference. You will receive further notifications during the fust two weeks of February, May, August and November of each year. Respec submitted, eRi Sheriff of DuPage County