Loading...
HomeMy WebLinkAboutRESOLUTION - 35-11 - 7/19/2011 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 35-11 A RESOLUTION AUTHORIZING THE ELK GROVE VILLAGE POLICE CHIEF TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE STATE OF ILLINOIS, ILLINOIS STATE POLICE, AND THE COUNTY OF DUPAGE ON BEHALF OF THE STATE'S ATTORNEY'S OFFICE AND THE SHERIFF'S OFFICE TO ESTABLISH THE "BEAT AUTO THEFT THROUGH LAW ENFORCEMENT" (BATTLE) TASK FORCE 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 Elk Grove Village Police Chief be and is hereby authorized to sign the attached documents marked: "Beat Auto Theft Through Law Enforcement (BATTLE) Intergovernmental Agreement" a copy of which is attached hereto and made a part hereof as if fully set forth. 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 19th day of July 2011. APPROVED this 191h day of July 2011. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk IntergovagreeBeatAutoThdi Beat Auto Theft Through Law Enforcement (BATTLE) Intergovernmental Agreement This agreement is entered into by the State of Illinois, Illinois State Police, ("State Police"); and the County of DuPage on behalf of the State's Attorney's Office and the Sheriff's Office, ("County"); and the City of Elk Grove Village, ("Participating Municipality") to establish the "Beat Auto Theft Through Law Enforcement" (BATTLE) Task Force. Recitals WHEREAS, the Illinois State Police, the County of DuPage on behalf of the Sheriff and State's Attorney, and the Participating Municipality ("Parties") have the duty to enforce the law and protect their citizens from illegal activity including motor vehicle theft; and WHEREAS, the Parties recognize that the most effective means to accomplish this is to coordinate law enforcement efforts across jurisdictional boundaries and to jointly exercise their authority; and WHEREAS, Chapter 20, par. 4005/1 et seq. of the Illinois Compiled Statutes (1992) established the Illinois Motor Vehicle Theft Prevention Council ("Council") to improve and support motor vehicle theft law enforcement, prosecution and administration of motor vehicle theft laws, and said council awards Trust Funds pursuant to the Act and enters into agreements with state agencies and units of local government entitled to use such funds to support motor vehicle theft law enforcement efforts; and WHEREAS, the Council and the County of DuPage on behalf of the Sheriff's Office have entered into an agreement for an award of such funds to implement the "Beat Auto Theft Through Law Enforcement" (BATTLE) Task Force; and WHEREAS, that agreement between the Council and the County requires that the state agencies and units of government participating in this multi -jurisdictional task force enter into an intergovernmental agreement; and WHEREAS, the Parties have the authority pursuant to Article VII, Section 10 of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act, Ch. 5, par. 220/1 et seq. (ILCS, 1992) to enter into such an agreement. NOW THEREFORE BE IT AGREED by and between the Parties as follows: Section 1. Incorporation of Recitals The Recitals set forth above are incorporated by reference into this agreement as if fully set forth here. 1 of 9 Section 2. Purpose The purpose of this Agreement is to create a multi -jurisdictional authority, to be known as the "Beat Auto Theft Through Law Enforcement Task Force," (hereinafter "BATTLE"), which will direct its efforts to: A. Conduct covert and overt investigations of vehicle theft operations in cooperation with local police departments and other auto theft task force units on a priority basis. B. Development and dissemination of intelligence data regarding vehicle theft and insurance fraud. C. Investigate insurance and title fraud and provide assistance to other law enforcement agencies, insurance companies, and related organizations in a coordinated effort to identify and arrest offenders involved in such activity; and D. Promote the vigorous, consistent, and effective prosecution of vehicle theft crimes by providing specially trained investigators and an Assistant State's Attorney to advise and prosecute developed cases. Section 3. Organization A. Policy Board The Parties agree that effective use of their personnel in the enforcement of motor vehicle theft laws requires that a Policy Board shall be established for the Task Force. The activities of BATTLE shall be overseen by a Policy Board consisting of at least one designated official from each of the participating agencies who are parties to this Agreement. The Policy Board may add one member from a DuPage County law enforcement agency and one member from a federal law enforcement agency that currently does not contribute personnel to BATTLE. The Policy Board shall supervise and oversee the operations of BATTLE and make reports to the Motor Vehicle Theft Prevention Council as required. The Policy Board shall ensure that the operations of BATTLE are limited exclusively to the enforcement of motor vehicle theft laws of this state, sister states, or the United States. The Policy Board shall also have the responsibility for directing the operation of BATTLE including: 1. Approve a budget prepared by the Project Director in charge of the day- to-day operations; 2 of 9 2. Establish project goals and objectives, and set investigative priorities and targets; 3. Establish rules and guidelines for operations by supervisors and staff; 4. Receive and cause to be investigated complaints of misconduct by any member of the staff of the project; 5. Recommend the appointment or dismissal of the Project Director and members of BATTLE; 6. Meet at least quarterly and maintain minutes of those meetings which include votes of the Policy Board on all decisions; and 7. Approve reports submitted to the Motor Vehicle Theft Prevention Council. B. Fiscal Officer The Fiscal Officer shall be the DuPage County Treasurer, who shall receive and disburse Trust Funds from the Illinois Motor Vehicle Theft Prevention Council for the operation of BATTLE. C. Project Director The State Police shall designate an Illinois State Police Officer as Project Director who shall be assigned to supervise the personnel in BATTLE in order to carry out its purposes and the policies and directives of the Policy Board. The Project Director: 1. Is responsible for daily operations of BATTLE and overall direction and supervision of the assigned work force; 2. Will devise, implement, arrange, and administer training for personnel assigned to his/her supervision; 3. Will review, analyze, document, and approve use of Official Advanced Funds in accordance with Policy Board directives, if any, and otherwise by Illinois State Police reporting practices and directives where no Policy Board directive is applicable; 4. Is responsible for overtime approval; and 3of9 5. Is responsible for apprising the Policy Board of BATTLE operations and for providing required activity reports. D. Task Force Officers: 1. The Policy Board shall appoint the officers of BATTLE. An officer shall serve a twelve (12) month minimum tour of duty as a BATTLE officer and may be reappointed to successive tours of duty at the discretion of the Policy Board. Any contributing agency has the option, at any time during an officer's tour of duty and with a 30 day notice to the Project Director, to terminate an appointment to BATTLE and reassign the officer. 2. BATTLE officers will be full-time police officers from the Illinois State Police and the participating municipalities or public agencies. Such officers shall, prior to appointment, have completed the appropriate training as required by law and may not be subject to any current or pending disciplinary action. They must also pass an Illinois State Police background check. 3. BATTLE officers will adhere to all laws of the State of Illinois and the United States of America. 4. BATTLE officers will maintain compliance with their respective agency's policies and procedures as well as the policies and procedures of the Illinois State Police. In the event of conflict, the most rigid standard will apply. 5. BATTLE officers will request annual leave (vacation) through the BATTLE Project Director who shall grant or deny the request based upon operational needs. 6. Notwithstanding any provision herein to the contrary, in the case of any of the cities, no procedure will abrogate the rules and regulations of the appropriate Board of Fire and Police Commissioners or the authority of the appropriate Chief of Police relative to the officer assigned to BATTLE. Section 4. Other Operational Considerations A. Report Writing: The Illinois State Police reporting system shall be generally utilized to document the enforcement activities and operations undertaken by BATTLE or other system as approved by the Policy Board. 4 of 9 B. Confidential Sources: The Illinois State Police Confidential Source (CS) policy shall be followed. CS policy includes, but is not limited to, preparation of reports identifying the CS, a record of his/her motivation, fictitious names, true signature, photos, fingerprints, and other data which will serve to protect both the CS and his/her Control Officer(s). The CS procedure shall include strict adherence to policy for monetary payments (i.e., witnesses and receipts) and debriefing procedures. It is further understood that all file informants developed by BATTLE "belong" to BATTLE and are not the sole providence of one (1) officer. C. Official Advanced Funds: BATTLE Policy Board directives and/or Illinois State Police directives concerning utilization of Official Advanced Funds shall be followed. Section 5. Misconduct A. Misconduct by officers of BATTLE shall include the following: 1. Commission of a criminal offense; 2. Neglect of duties; 3. Violation of BATTLE policies and/or rules of procedure; and/or 4. Conduct which may tend to reflect unfavorably upon any of the parties to this agreement. B. Upon receipt of a complaint from a law enforcement agency, state's attorney's office, or any other credible source alleging misconduct by a BATTLE officer, the following procedures will be initiated: 1. If the complaint is of a minor nature, the inquiry may be conducted by the BATTLE Project Director or respective agency head; 2. If the complaint is of a major or criminal nature, the BATTLE Project Director will notify the Illinois State Police through the chain of command and the chief executive of the officer's parent agency; 3. If the complaint is of a criminal nature, the BATTLE Project Director and the agency head may request a criminal investigation be conducted; 4. If the complaint is verified, the chief executive of the parent agency will implement disciplinary action as deemed necessary. In addition, if a 5 of 9 criminal complaint is verified, the information will be forwarded to the appropriate prosecutor; 5. No authority shall abrogate the authority of the appropriate agency head or appropriate board or commission that oversees agency conduct. Section 6. Obligations of Parties Each participating agency and unit of local government shall contribute personnel and equipment to BATTLE as set forth below. Personnel appointed to BATTLE shall continue to be the employee of the Party who has appointed the employee to BATTLE and the employee shall be compensated by the Party in accordance with its regular procedures and subject to the Party's rules and regulations, as well as those established by the Policy Board of BATTLE. Each Party shall retain disciplinary authority and jurisdiction over its employees assigned to BATTLE. A. State of Illinois, Illinois State Police 1. Illinois State Police shall provide the services of a sworn law enforcement officer as Project Director. 2. The Illinois State Police shall, from the sworn personnel provided in paragraphs B and C below, appoint BATTLE officers as "Inspectors" pursuant to its authority in Illinois Complied Statutes, Ch. 20, par. 2620/4, who shall be considered employees of the State while engaged in BATTLE activities. 3. The State of Illinois, pursuant to Ch. 20 ILCS 405/405-105, and Ch. 5 ILCS 350/1, et seq., shall represent and indemnify all BATTLE officers as are required to be appointed as "inspectors" and, in any case, such BATTLE officers shall be acknowledged to be providing, for the purpose of this section, services as employees of the State for their acts and omissions while engaged in the performance of BATTLE activities. To the extent that any liability exceeds this indemnification, the County of DuPage and the City of Elk Grove Village, but only with regard to the employee which each unit of government assigned to BATTLE, shall be liable for the errors, acts, or omissions of their assigned officer to the extent required by law. The obligation of the State of Illinois to indemnify shall be in full force and effect even if the State should fail to properly appoint BATTLE officers as "Inspectors" and shall function as an intergovernmental contractual obligation. 6 of 9 4. Upon termination of a sworn officer's affiliations with BATTLE or upon dissolution of BATTLE, any credentials, equipment, and components supplied by the State Police or BATTLE to any BATTLE officer must be surrendered to the State Police or BATTLE. B. The County of DuPage The DuPage County Sheriff shall provide the services of two sworn law enforcement officers and one non -sworn clerical/support employee to BATTLE. The DuPage County State's Attorney's office shall assign one Assistant State's Attorney to BATTLE. The County will further accept liability for its employees to the extent required by the Illinois Worker's Compensation Act (Illinois Complied Statutes, 1992, Ch. 820, par. 305 (et seq.) and the Public Employee Disability Act (ILCS, 1992, Ch. 5, par. 345/1) for personal injuries to its employees while engaged in BATTLE activities. D. Participating Municipality The Participating Municipality shall provide the services of one sworn law enforcement officer to BATTLE. The Participating Municipality will accept liability for its employee to the extent required by the Illinois Worker's Compensation Act (ILCS, 1992, Ch. 820, par. 305/1 et seq.) and the Public Employee Disability Act (ILCS, 1992, Ch 5, par. 345/1) for personal injuries to its employee while engaged in BATTLE activities. Section 7. Payment The Parties agree that personnel appointed to BATTLE will remain employees of their respective units of government for payroll purposes. The Parties will supply necessary equipment items, excluding vehicles, and will compensate their officer(s) for personal services in support of BATTLE operations, including costs for wages, overtime, injury, death, and/or retirement benefits and insurance. Pursuant to the agreement between the Illinois Motor Vehicle Theft Prevention Council and the County of DuPage, each Party's costs for personnel, their equipment, and benefits related to its participation in BATTLE will be reimbursed to the extent and in the amount indicated on Exhibit A attached from Illinois Motor Vehicle Theft Trust Fund. The County of DuPage shall make such disbursement to participating agencies on a quarterly basis, pursuant to the submission of acceptable documentation except that in the event the Trust Funds are not received by the County of DuPage for any reason the County shall have no obligation to reimburse any such costs to any participating agency. 7 of 9 Section 8. Vehicles A. Vehicles will be provided to BATTLE personnel by the insurance industry pursuant to the terms and conditions of a contractual agreement executed between the individual company and the County of DuPage. B. The Illinois Motor Vehicle Theft Prevention Council may elect to allow BATTLE to lease vehicles. The County of DuPage will provide and/or assure vehicle insurance coverage as required by the individual contractual agreements or by law for the respective vehicles that have been leased. This coverage will meet or exceed statutory minimums. Section 9. Fiscal Year The BATTLE fiscal year shall commence January 1 and terminate December 31 of each year. Section 10. Use of Award Agreement Funds/Project Income The Parties expressly agree that all trust funds provided to the grantee shall be used for the operations of BATTLE in effecting the purposes of this agreement. The Parties also expressly agree that any fines, restitution, reimbursement, service and/or administrative fees, interest on trust funds, or other monies or income earned, donated, granted, or awarded .to BATTLE shall be deposited into the BATTLE Project Income Account and shall be expended for such purposes as are allowed by the Award Agreement. Section 11. Nondiscrimination Equal Employment Opportunity The undersigned participating agencies are Equal Opportunity Employers and agree to subscribe to and comply with any and all laws, rules, and regulations pertaining to Equal Opportunity and Anti -Discrimination in Employment, and further agree to abide by the rules and regulations of the equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights and federal and Illinois laws applicable thereto. Section 12. Amendment This agreement may be amended at any time by written approval of all of participants named herein. Any subsequent changes or amendments to this agreement are binding upon all participants named herein. WWI Section 13. Cancellation This agreement may be cancelled at anytime by written agreement of a majority of all Parties herein named subject to any conditions on the reversion of funds or equipment provided by Illinois Motor Vehicle Theft Trust Funds as set forth in the Agreement between the Illinois Motor Vehicle Theft Prevention Council and the County of DuPage. Any Participating Municipality may withdraw from and terminate its obligations under the Agreement upon a 30 day prior written notice to the BATTLE Project Director. Section 14. Effective Date This agreement shall become effective when subscribed to by two or more participating units of local or county government and the State of Illinois and shall be in full force and effect upon the passage and approval in accordance with law. Date: Date: Date: Date: Date: Director, Illinois State Police Daniel J. Cronin Chairman, DuPage County Board John E. Zaruba Sheriff, DuPage County Robert Berlin States Attorney, DuPage County Chief, Elk Grove Village Police Department 9 of 9