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HomeMy WebLinkAboutRESOLUTION - 12-17 - 3/14/2017 - Agreement Police / District 214 Camera access RESOLUTION NO. 12-17 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT REGARDING RECIPROCAL REPORTING AND VIDEO CAMERA ACCESS BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND TOWNSHIP HIGH SCHOOL DISTRICT 214 NOW, THEREFORE, BE IT RESOLVED by the Mayor 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 Mayor be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT REGARDING RECIPROCAL REPORTING AND VIDEO CAMERA ACCESS BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND TOWNSHIP HIGH SCHOOL DISTRICT 214 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 Mayor. Section 2: 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 141h day of March 2017. APPROVED this 141h day of March 2017. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy,Village Clerk INTERGOVERNMENTAL AGREEMENT REGARDING RECIPROCAL REPORTING AND VIDEO CAMERA ACCESS BETWEEN THE VILLAGE OF ELK GROVE AND TOWNSHIP HIGH SCHOOL DISTRICT 214 THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and between the Board of Education of Township High School District No. 214, Cook County, Illinois (the "School"), and the Village of Elk Grove, a municipal corporation (the "Village") (the "Agreement"). WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and WHEREAS, Section 1-7(A)(8) of the Juvenile Court Act, Sections 10-20.14 and 22-20 of the Illinois School Code, and Section 10/6(a)(6.5) of the Illinois School Student Records Act provide for and authorize agreements between local law enforcement agencies and school districts for reciprocal reporting of criminal offenses committed by students; and WHEREAS, the School and the Village entered into an intergovernmental agreement dated August 13, 2013 (the "Original Agreement"), pursuant to which the parties agreed to reciprocal reporting requirements regarding students that attend Elk Grove High School; and WHEREAS, since the date of the Original Agreement, the Illinois legislature recently amended Illinois law regarding the reciprocal reporting requirements of police departments and school districts; and WHEREAS, since the date of the Original Agreement, the School has installed a digital camera system at Elk Grove High School to enhance security and safety at the high school; and WHEREAS, the Village Police Department has informed the School that if the Village Police Department were granted access to the images created by the School's digital camera system, the Police Department would be better situated to assist the School in the case of an emergency situation that endangered students, employees, or School property; WHEREAS, as a result of the recent amendments to reciprocal reporting requirements and the desire of the parties to allow the Village Police Department access to images created by the School digital camera system, the parties have determined that it is in their best interest to terminate the Original Agreement and enter into this Agreement; and WHEREAS, the School and the Village are desirous of entering into this Agreement for the purposes of promoting safety, security, and order for the staff, students, and premises at the School and of establishing a cooperative relationship between the School's and the Village's law enforcement efforts; 1481090.1 NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Agreement and other good and valuable consideration, the School and Village agree as follows: I. RECIPROCAL REPORTING A. General Cooperation 1. The Superintendent of the School will provide the Village Police Chief with a list of administrators (the "School Officials") to be contacted as needed. The list will contain regular and emergency telephone and pager numbers and identify which administrators are to be contacted for various types of problems and the order in which the administrators are to be contacted. 2. In addition to the Police Liaison Officer assigned to Elk Grove High School, the Village Police Chief will provide the School with the name of one other officer responsible for implementing this Agreement. The officers shall provide their regular and emergency telephone and pager numbers to the School Officials. 3. The administrators on the School's list and the officers assigned by the Village Police Chief will meet to facilitate and review implementation of this Agreement as often as necessary. B. Reporting of Student Criminal Activity 1. By the School to Police Officials a. School Officials will promptly report to the Police Officials the activity of students who reside and/or attend Elk Grove High School that involves or is suspected to involve: i. Criminal gang activity; ii. Weapons such as guns and knives, explosives, impact devices, or any item used as a weapon; iii. Sale of drugs or other intoxicants; iv. Possession of significant quantities of drugs or other intoxicants; V. Fights or other violent activity which might reasonably carry over into the community; vi. Abuse, neglect, lock-out, and runaway situations; vii. Acts of vandalism; 1481090.1 viii. Other activities involving students which threaten the safety of students or community members on or off School property; or ix. Any state or federal crime occurring or which has occurred on school property or at a school event which might reasonably carry over into the community. b. Where violence or other activity poses an imminent threat to the safety of students or community members, the information will be shared as soon as possible; otherwise, the information will be shared not later than two business days after the information becomes known to School Officials. C. Where information regarding a School student does not constitute activities that involve or are suspected to involve those listed in Sections I.B.I.a(i-ix), the School shall not disclose the information to the Village Police Department absent the specific written consent of the student's parent/guardian (or the student if age 18 or older), by an order of a court of proper jurisdiction, or as otherwise permitted by the Illinois School Student Records Act (the "Act"), 105 ILCS 10/1 et seq. d. In accordance with Section 10/6(a)(6.5) of the Illinois School Student Records Act, and consistent with Section I.C.3 of this Agreement, the School may release school student records or information to juvenile authorities when necessary for the discharge of their official duties upon a request for information prior to adjudication of the student and if certified in writing that the information will not be disclosed to any other party except as provided under law or order of court. "Juvenile authorities" include probation officers, law enforcement officers and prosecutors, and others as defined in Section 10/6(a)(6.5). 2. By Police Officials to the School a. Police Officials will report to School Officials the same type of information referenced in Section 1-(a) above, within the same time frames, where the activity by students or others might reasonably carry over onto school grounds or school activities. b. As provided by Section 1-7(a)(8) of the Juvenile Court Act, Police Officials will share law enforcement records with School Officials that relate to the following offenses or suspected offenses with respect to a minor enrolled in one of the School's schools who has been taken into custody or arrested when Police Officials believe that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds: i. Any violation of Article 24 of the Criminal Code (720 ILCS 5/24 1481090.1 seq.) (weapons); ii. A violation of the Illinois Controlled Substances Act (720 ILCS 570/100, et seq.); iii. A violation of the Cannabis Control Act (720 ILCS 550/1, et seq.); iv. A forcible felony as defined in Section 2-8 of the Criminal Code (720 ILCS 5/2-8); V. A violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.); vi. A violation of Section 1-2 of the Harassing and Obscene Communications Act (720 ILCS 5/26.5); vii. A violation of the Hazing Act (720 ILCS 5/12C-50); or viii. A violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code (720 ILCS 5/) (bodily harm and mob action). C. Police Officials will share information with School Officials concerning a minor who is the subject of a current police investigation that is directly related to school safety. Such information may only be shared orally. An investigation means an official, systemic inquiry by Police Officials into actual or suspected criminal activity. d. As required by Section 22-20 of the Illinois School Code, Police Officials shall report to School Officials whenever a student is detained for proceedings under the Juvenile Court Act or for any criminal offense or any violation of a municipal or County ordinance. The report shall include the basis for the detention, the circumstances surrounding the detention, and the status of the proceedings. Police Officials shall periodically update the report as significant stages of the proceedings occur and with the disposition of the matter. e. However, in administering Section 22-20 of the School Code and this Agreement, law enforcement officials are not obligated to initiate reporting to the School regarding the detention of students for conduct deemed by Police Officials to be minor and unlikely to assist in the rehabilitation of the student or the protection or safety of students and employees in the School. In contrast, conduct involving vandalism, violence, gangs, weapons, drugs, alcohol, runaways, family disputes, abuse, or an appearance in court as a juvenile or an adult for other than minor traffic offenses would be reported. More generally, Police Officials 1481090.1 will share information with School Officials where student misconduct outside of school is likely to be carried into school or school activities, or have a significant impact on the safety and well-being of students, staff, and community members associated with the schools. In turn, School Officials will share information with law enforcement officials where student misconduct in school or at school activities is likely to extend into the community or involve an offense for which reporting is required by law. f. Although the provisions of the Juvenile Court Act do not apply to students aged 18 or older, Police Officials shall provide School Officials with the same information regarding suspected criminal offenses committed by students ages 18 and older as is reported for students included in the scope of the Juvenile Court Act under this Agreement. C. Confidentiality and Records 1. Content of Criminal Activity Information . All criminal activity information shall include the names of all involved persons, including School students and minors, except in cases where the name of the victim is protected under the Rights of Crime Victims and Witnesses Act, 725 ILCS 120/1, et seq., as amended, or other applicable law. 2. Confidentiality of Records and Criminal Activity Information. Any law enforcement and student records subject to disclosure under this Agreement shall not be disclosed or made available in any form to any person or agency other than as set forth in this Agreement or as authorized by law. Police Officials and School Officials shall develop procedures to ensure such nondisclosure of criminal activity information, except as may be authorized by law or set forth in this Agreement. Such procedures shall be designed to also ensure that any criminal activity information is not available to other employees, or any persons other than as authorized by this Agreement or by law. 3. Illinois School Student Records Act. This Section I.0 and this Agreement are intended to satisfy Section 6(a)(6.5) of the Illinois School Student Records Act, 105 ILCS 10/6(a)(6.5), which authorizes a school district to release information to law enforcement officers when necessary for the discharge of their official duties who request information prior to adjudication of the student and upon written certification that the information disclosed by the school will not be disclosed to any other party, except as provided by law or order of court. 4. Not Educational or School Records. a. School Officials shall follow State and federal laws regarding student records. Consistent with Section 10/2(d) of the Illinois School Student Records Act, reports of the Police Liaison Officer shall be deemed the 1481090.1 reports of a law enforcement professional and shall not be considered a student record. 105 ILCS 10/2(d). For purposes of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232(g), Police Liaison Officer designated to work with the School pursuant to this Agreement shall be considered a law enforcement unit of the school such that the records created by Police Liaison Officer for the purpose of law enforcement shall not be considered educational records. b. All reports and records shared by Police Officials with School Officials shall be kept in a secure location and shall not be a public record. Such information shall be kept separate from and shall not become a part of the student's official school record. The information shall be used by School Officials solely to aid in the proper rehabilitation of the student and to protect the safety of students and employees in the schools. II. VILLAGE ACCESS TO IMAGES FROM SCHOOL DIGITAL CAMERAS A. Provision of Digital Camera System Software. The School shall provide the Village Police Department with the necessary software in order to enable the Village Police Department to view real time images created by the School digital cameras on Village Police Department computers. The Village shall enter into any required software license agreement with the vendor of the software at the Village's sole cost. B. Limited Viewing. Individuals authorized to view images created by the School digital cameras shall be limited to the Village Police Chief, Village Police Department employees authorized by the Chief or, in the absence of the Chief, the Chief's designee ("Authorized Viewers"). The Village shall not permit any individual, including Authorized Viewers, to view images created by the School digital cameras on a routine basis. Authorized Viewers shall only view real time images created by the School digital cameras when viewing is necessary for the Village Police Department to deter or protect against an imminent and substantial threat that is likely to result in significant bodily harm or damage to School property. The Village shall not create or retain any recordings of the School's digital images unless the Superintendent of the School or the Superintendent's designee consents to such retention. If the Village receives a Freedom of Information Act request for any School digital images, the Village shall immediately notify the School and work in good faith with the School before responding to the Freedom of Information Act request. C. School Student Records. The images created on the School's digital cameras are created for security purposes and are therefore not school student records as defined by Section 2 of the Illinois School Student Record Act, 105 ILCS 10/2 or Section 375.10 of the Illinois Administrative Regulations, 23 ILADC 375.10. Such images may, however, become student records if subsequently used by the School in a student disciplinary matter. If that is the case, the School shall notify 1481090.1 the Village Police Chief and the Village shall erase any images that the Village has retained and that have become school student records, unless such images are part of an active police investigation into actual or suspected criminal activity. III. OTHER TERMS AND CONDITIONS A. Termination of Original Agreement. The Original Agreement is terminated in its entirety and this Agreement sets forth all the covenants, conditions, and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. B. Term and Renewal. This Agreement shall immediately take effect on the effective date, as set forth in Section III.H of this Agreement and shall be in full force and effect for a period of two years thereafter. This Agreement shall automatically renew for successive two year periods unless terminated as provided below. C. Termination. This Agreement may be terminated at any time upon 30 days advance written notice by either party. Section 11 of this Agreement may be terminated at any time upon 30 days advance written notice by either party without terminating the other Sections of this Agreement. D. Amendments and Modifications. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modifications shall be effective unless reduced to writing and duly signed by an authorized representative of the parties. E. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. F. Information. Information may be communicated verbally among the designees at any time deemed necessary by the designees. G. Indemnification. To the fullest extent permitted by law, the School agrees to indemnify and hold harmless the Village, its officers, officials, agents, volunteers, employees, and their successors and assigns, in their individual and official capacities (the "Village Indemnified Parties") from and against any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest, cost and expense, including without limitation, reasonable attorneys' fees and litigation costs, incurred by the Village Indemnified Parties arising out of any activity of the School in performance of this Agreement, or any act or omission of the School or of any employee, agent, contractor, or volunteer of the School (the "School 1481090.1 Indemnitors"), but only to the extent caused in whole or in part by any negligent or willful and wanton act or omission of the School Indemnitors. To the fullest extent permitted by law, the Village agrees to indemnify and hold harmless the School, its Board and its members, employees, volunteers, agents, their successors, and assigns, in their individual and official capacities (the "School Indemnified Parties") from and against any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest, cost and expense, including without limitation, reasonable attorneys' fees and litigation costs, incurred by the School Indemnified Parties arising out of any activity of the Village in performance of this Agreement, or any act or omission of the Village or of any employee, agent, contractor or volunteer of the Village (the "Village Indemnitors"), but only to the extent caused in whole or in part by any negligent or willful and wanton act or omission of the Village Indemnitors. H. Effective Date. This Agreement shall be deemed dated and become effective on the date the last of the parties signs as set forth below the signature of their duly authorized representatives. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers duly authorized to execute the same. VILLAGE OF ELK GROVE BOARD OF EDUCATION OF TOWNSHIP HIGH SCHOOL DISTRICT NO. 214 By: h By: Title: Mayor Title: Board President Date: A- /91-17 Date: ATTEST: ATTEST: Title: Village Clerk Title: Secretary Date: Date: 1481090.1