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.
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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;
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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
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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.
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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
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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.
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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.
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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.
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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
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