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HomeMy WebLinkAboutRESOLUTION - 54-83 - 8/23/1983 - AGRMT/POLICE DEPT MUTUAL AID/NWMC RESOLUTION No. 54-83 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN AN AGREEMENT ESTABLISHING MUTUAL POLICE DEPARTMENT AID BETWEEN MEMBER MUNICIPALITIES IN THE NORTHWEST MUNICIPAL CONFERENCE WHEREAS, the Northwest Municipal Conference is a corporate organization representative of municipalities and townships chartered within the State of Illinois and the County of Cook; and WHEREAS , Article VII , Section 10 of the Constitution of the State of Illinois , and Chapter 127, paragraphs 741 through 748 of the Illinois Revised Statutes , authorize and encourage intergovernmental association and cooperation ; and WHEREAS , the public officials of the Northwest Municipal Conference represent nineteen local government bodies and a population of over 500,000 Illinois residents ; and WHEREAS, said public officials are cognizant and concerned over a continuing increase in the frequency and intensity of criminal activities , particularly those activities involving crimes of property and violence; and WHEREAS, it is recognized that in certain situations the use of police officers to perform police duties outside of the territorial limits of the municipality where such officers are legally employed, may be desirable and necessary in order to preserve and protect the health, safety and welfare of the public; and WHEREAS, member municipalities are so located as contiguous sectors of the area encompassed by the Northwest Municipal Conference, that it is to the advantage of each participant to extend service and assistance to the others with respect to police powers ; NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois , as follows : Section 1 : That in recognition of the foregoing, the President and Board of Trustees of the Village of Elk Grove Village support a guarantee of greater police protection for its citizens , and endorses the concept of mutual aid between and among the Conference membership. Section 2: That the Village President and Village Clerk are duly authorized to execute an Agreement for Intergovernmental Police Service and Assistance in concert with the signatory members of the Northwest Municipal Conference. Section 3: That copies of this Resolution and Said Agreement are to be forwarded to the office of the Northwest Municipal Conference. Section 4: That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 23rd day of August 19$3• APPROVED this 23rd day of August 19$3• Village President Attest : u g Village Clerk 2 - Northwest Municipal Conference Agreement for Intergovernmental Police Service Assistance THIS AGREEMENT, made and executed this 23rd day of August by and among the existing chartered membership of the NORTHWEST MUNICIPAL CONFERENCE, herein called the ''Conference'', described as each MUNICIPAL SIGNATORY to this part, herein called ''Municipality'' , provides as follows : Section 1 . Intergovernmental Police Service and Assistance This Agreement for ''Intergovernmental Police Service and Assistance'' is executed pursuant to Article V11 , Section 10 of the Constitution of the State of Illinois , and Chapter 127, paragraphs 741 through 748 of the Illinois Revised Statutes . Section 2. Purpose of Agreement It is recognized that in certain situations the use of police officers to perform police duties outside of the territorial limits of the Municipality where such officers are legally employed , may be desirable and necessary in order to preserve and protect the health, safety and welfare of the public. Section 3• Authorization Intergovernmental Police Service and Assistance may be provided between and among Municipalities during those times of emergency and routine police work, when mutual aid would best serve the interests of each participating Municipality and its residents . Section 4. Power and Authority a) Each Conference Municipality does hereby authorize and direct its police chief or the officer commanding in his absence to render and request mutual police aid to and from other member Municipalities to the extent of available personnel and equipment not required for adequate protection of the Municipality rendering aid. The judgement of the police chief or officer commanding in his absence, of each Municipality rendering aid, as to the amount of personnel and equipment available, shall be final . b) Police officers who shall be commanded by their superior authority to maintain the peace or perform police duties outside the territorial limits of the Municipality which regularly employs such officers , shall be under the direction and authority of one person designated by each police chief of each participating Municipality. Such person shall in turn be under the direction and authority of the local commanding police officer of the Municipality to which they are called to perform police or peace duties , and shall be peace officers thereof. They shall have all powers and authority of police and peace officers as provided by law, including the power of arrest. Section 5. Compensation a) Cooperative police service and assistance shall be rendered without charge to a Conference Municipality during the normal conduct of police business . b) Requests for remuneration due to unusual or burdensome costs incurred in the performance of mutual aid, shall be submitted by the assisting Municipality to that Municipality receiving such assistance. Judgement for payment of such costs shall be the mutual responsibility of the respective elected municipal Boards or Councils. Section 6. Liability a) All wage and disability payments , pension and workmen ' s compensation claims, damage to equipment and clothing, and medical expense shall be paid by the Municipality regularly employing such police officer. - 2 - b) Each Municipality herein waives as to each and every other Municipality hereto, any and all claims against the other participant for compensation for any loss , damage, personal injury or death, that shall arise in consequence of the performance or non- performance under this Agreement. No participant hereto shall , under any circumstances be held liable for any loss or damage by reason of its failure to respond to any call for assistance or to effectively combat or handle any police problem in the territory of the other party. c) No participating Municipality shall under any circum- stances be held liable for any loss or damage by reason of its failure to effectively combat or handle any police problem in the territory of the other party. d) All individuals retain all pension and disability rights while performing duties in accordance with this agreement . Section 7. Rules and Regulations The police chiefs of the Conference Municipalities shall establish uniform rules and regulations for giving and receiving aid , which shall be subject to the approval of each governing body. A copy thereof shall be filed with the clerk of each member Municipality and with the Conference office. The rules and regulations may be revised and amended from time to time by the police chiefs upon their unanimous agreement, subject to the approval of each governing body, and a copy of each revision or amendment shall be filed with the clerk of each member Municipality and with the Conference office. Section 8. Effective Date of Agreement a) This Agreement shall be in full effect and legally binding upon such time as signed and certified by each participating Municipality. b) The Conference office will retain the original signed Agreement, and will be responsible for circulating such Agreement among the Municipalities for purposes of signature and record . Section 9. Termination of Agreement a) This Agreement shall remain in full force and effect until such time as a Municipality, through its elected Board or Council , passes a resolution terminating this Agreement . b) Copies of such resolution shall be filed with the clerk of each Municipality and with the Conference office within 30 days of passage. PASSED this 23rd day of Aigi,cr , 1983. APPROVED this 23rd day of August , 1983• Village President Attest: O � cti' g Village Clerk