HomeMy WebLinkAbout0871_001COMMITTEE OF THE WHOLE
a 1109k � ma
1998
MINUTES
COMMITTEE OF THE WHOLE
JANUARY 27, 1998
I MW
In the absence of Mayor Farley, Villa,ge, Manager Michael Janonis called the
meeting to order at 7:3? p.m. Present at, the meeting wets: Trustees George
Clowes, Timothy Corcoran, Paul Hoefert, Richard LohrstorF�er and Daniel NQcchi.
Absent from the meeting were Mayor Farley and Trustee and Irvana Wilks. Staff
present included: Village Manager Michael Janonis, Assistant Village Manager
David Strahl, Public Works Director Glen Andler, Deputy Public Works Director
Sean Dorsey and Water/Sewer Superintendent Rory O'Donovan,
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IlTiotion made by Trustee Hoefert totemporadly appoin't Trustee Clowes,as Mayor
Pro Tem for this Meefing., Seconded by Trustee Noochi. The vote was unanilmlous
11, MINUTES
Approval of Minutes of January 13, 1998. Motion made by Trustee Hoefert and
Seconded by Trustee Nocchito accept the Minutes,. Members voted unanimously
to accept the Minutes.. Trustee Clowes abstained.
None.
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He stated the Illinois Department of Natural Resources allows for an 8%
unaccounted water flow,, The Village averages approximately 6% annually. He
stated that once every four years residential meters are read manually by Public
Works personnet, Therefore, the recovery rate for the amount of water which is
billed is high enough to illustrate that the postcard system for residential customers
is working very well. The meters that are attached to the phone lines have created
some problems in the past primarily due to conflicts on phone line use and with the
increasingly popular use of modems in the homes, this conflict will undoubtedly
continue. He stated the drive-by meters use radio frequencies and are quite
expensive when compared to the phone dial -in meters. He stated the mixed use
of these fiwo types of meters and the postcard system has worked extremely well
in minimizing the overall cost of maintaining the program. He would recommend the
postcard system continue and the Village not Invest any additional funds In the two
types of automatic meter reading unless it is for larger water users, where
experience has shown such investment to be more worthwhile than residential
users.
General comments from the Village Board members In )
i cluded the following items:
There was a brief discussion concerning the actual cost of the postcard system to
the Village compared to the actual cost of an employee to handle such meter
reading actNities and related duties, There were also, a number of,comments about
,the loss of the 61 average water that is unaccounted for which amounts to
approximately 6 " 5 million gallons. Trustees had questioned whether it is possible
for residential customers to dial into the Village's computer in the near future to
report water readings,
Tillage Manager Michael Janonis stated that the current system of self -reporting
is cost efficient and the installation of the automatic meter reading devices in all
single-family homes would amount to approximatelymillion not including
installation costs, He also wanted to advise the Village Board about staff results of
this experiment, He %stated that it is clear that the investment in technology may not
,work InAhis situatiom,
Consensus of the Village Board was to support staff recommendation to stop
Installing automatic meter reading devices'uniess the water user Is a
significant customer which would typically be a commercial or Industrial user.
Continuation of the postcard system for self reporting for residential water
customers was also endorsed for continuation,
V# Y1L1A9]E,MANAQERjAEj!
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Respectfully submitted,
DAVID STRAHL
Assistant Village Manager
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X.-\USERS\ROB,E,R,TAC\W],MopFICV,,C,OVnvMI27COW.AGN
Mount Prospect Police Olepartmeni
1 12 E. Northwest Highway
W. Pavlock
Chief of Police
Peer Jury start date: December 12, 1996
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Crime Prevention
1847) 870-5650
FAX,- (847) 392-1070
Volunteer coordinators donated over 120 hours
43 *uvenil,,es-were,-referre,,dIto Peer Jury
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I of 679 hours of co,nimunit,Y �ervtc"ej
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Overall., the Peer System is a
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extra effort put by our stre
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,CRIME PREVENTION CONSULTANTS
A 9-1 -1 COMIJU111ITY
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Chamber Executive Director Janet Han.sen provided a general overview of the
Chamber's activities to date concerning the Shop Mount Prospect campaign. She
stated the goal of the campaign is to increase total sales volume and to encourage
residents to shop in town. The marketing campaign includes distribution of a
directory, newspaper advertisements, Internet web sites and to act as a referral to
shoppers. She stated the budget for the project has been supplemented by
extensive donations or ,businesses providing services as cost.
General comments of the Village Board were positive as to the progress of this
campaign- and complimented the Chamber's leadership on its efforts to increase
sales within the community.
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Consensus of the VillAg'6 Board. -as to continue to encourage economic
developmen ct vibes.
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V14 PEER JUcm
RY
Police Chief Ronald Pavlock provided a general overvil,ew of the Peer, Jury
concept and stated that, the Program has been, in oeratilon in the northwest
suburban area for a number of years. He stated that the Mount Prospect Program
would be based on othertowns' experiences.
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Officer' Kim Nagel prqvided a general history, of Peer Jury and the workinQ
relationship With District 214. Among the items that the Peer Jury representatives,,,,
are still working on is a manual for the jurors and other additional information
necessary to be in place prior to convening the first Peer Jury,
Barb Korkoron was chosen as the Peer Jury Coordinator and Jill Friedrichs as
the Assistant'. Coordinator after extensive discussions through the Police Advisory
Group which observed the operations in other municipalities,
Myra Goldsmith, the volunteer Coordinator for the Peer Jury in Hoffman Estates,
spoke. She stated the Peer Jury is to be used as an alternative to divert first-time,
non-violent offenders and "appear before their -peers, for resolution. Offenders plead
guilty to offenses prior to meeting with the Peer Jury so the question of guilt or
innocence is not necessary to be determined. The Peer Jury primarily determines
the sentence.
Kim Nagel stated that the sentence which may be imposed always involves some
type of community service and it is the responsibility of the offender to set up the
community service and report back to Peer Jury for final resolution,
Barb Korkoron spoke. She stated that most of the information has been put
together and at this time there is recruitment under 'way to obtain peer jurors. They
have set a goal to convene the first Peer Jury by December I of this year, and are
looking to utilize the Senior Center on the third .Thursday of every month._
General comments of Village Board members 'included the following items:
There was some discussion as to the Peer Jury process. General comments of the
Village Board were extremely positive and felt that this 'program will have a great
benefit to the community's youth.
Consensus of the Village Board was to make available the Village Board
meeting room on the third Thursday of everymonthas requested by Barb
Korkoron,, Coordinator of the Mount Prospect Peer Jury.
VIL VILLAGE MANAGER'S REPORT
A reminder that Coffee with Council is scheduled for September 14 from 9:00 a.m.
until 11:00 a.m.
VIII. ANY OTHER BUSINESS
Trustee Hoefert asked whether the Village could obtain County Board meeting
tapes in order to broadcast on Channel 6 and would request that the Village Board
consider this programming for Channel 6 in the future.
3
Ina"M
FORMAL MEMORANDUM
RO-T_\T%AJ_D W_ PANTI-OCK, CHT...P.-F OF POLICE
ADM 98-37
CONTROL NUMBER
DEP I%_TT Y CHIEF RON RICILARDS
Ire
RECOWMEN-D-NTION OF T BLOCK GRANT ADVISORY BOARD
DATE: 2-9 i-AN'LTARY 9 8
As Voll knojv_ prior to the obficyation of anv of the flinds from our 1997 block !arn t aNvard. the
department ,kvas required to form an Advisory Board to review theDroposed allocation of the arant
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funds and make nonbinding recommendations to you. The Bureau of Justice Administration (BJA).
which is responsible for overseeing the grant. has mandated the Advisory Board must include
representatives from the following- orQanizations (*included are the names of the volunteer
ret)resentat1"\,,*es from each of these orLoranizations):
1. The local laxv enforcement agency. (Crime Prevention Unit Officer Bill Roscop and mvself)
2. The local wosecutor's office: (Villagre prosecutor Everette Hill)
3. The local court system: (Presiding Judge Margaret Stanton McBride)
4. The local public school system: (Prospect High School Dean Patricia Tedaldi-Monti)
5.� A community groUD active in crime prevention: (Peer Jury Coordinator Barb Kokoron)
Officer Roscop met with four members of the Advisory Board in late, 1997 and they unanimously
end,orse�d the 'P�urpose area �for the gmant 'funds selected by the department in its 'on , punal grant
applIcatfilon. t1lat *11s. the ourchase of eaumment ortectmologly di"
ffinc,tt"ons,. Spe�c" rectly related, to basic law enforcement
iflicattv. the de plans, to purchase in -car
computer
Prant Rinds. mputer workstations with the block
OnWedne,sda,v-,Jan,uary,21,,.'199,8,'I,r�net *'h,J'ud
Wit ge McBride and asked, 1i,er to be anAdvisory Board
01,
member. I further pro"ided her 'Withthe, Inforniattoti about the seven purpose areas ofthe grant, the
purpose, area seteaed b!v the,, department i,,,,n,, its grant application, and the specific purchase the
department ol"anned, to ma, "!rant hinds. 'On January 27. 1 . 998 Judor
ke with theg
-,e McBride advised me
she would be an, Advisorv, Board br and supported the department's proposed use of the grant
fundstopurchase in-cara,,,pto,l),cotn,,peters
.
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Ronald W. Pa,%;,Iock
Paize -2-
Because the Advvisory Board members were unanimous in their support of the department's proposed
use of the cuant funds, I believe the Advisory Board requirement of the BJA's grant award process
has been satisfied. As suchl I recommend we schedule the next step in the grant award process, a
public hean*nd,on the same matters as were considered by the Advisory Board.
Pendiniz vour approval and authorizatim I will publish a teeal. notice announcing the public hearfin.
w ill e take placdurine the February 17, 199age Boa
8 meetinsz of the Villrd of Trustees.
i %1 W.- I
If you have any questions regarding this matter, please contact me.
.A .0 %.r 6.14
cql, Ad-visory Board members
File Re: LLEBG #97LBVX3575
NOTICE IS HEREBY given that the Village of Mount
Prospect Board of Trustees will hold a public hearing on Tuesday,
February 17, 1998, 7:30 p.m., at the Senior Center, 50 South
Emerson Street, to receive public comments and recommendations
regarding the Police Department"s proposed use of a $161,353 Local
�Law: Enfiorcement, Block Grant award to pu rchase technotogy or
equipment directl related to, basic lawenfbrcemlent fb,n,ct,,"*
'y ions., Any
interested, partriesmay" attend, and, wi'll be heard,,,
�ZIGNED AND DATED this 2nd day of February,
CAROL A. FIELDS,
VILLAGE CLERK
0AJ
Villaige of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
As you know, the police department budgeted. $20,000 this year for participation in the Cook County
CABS project. In short, CABS is an arrestee booking system that uses livescan technology for
fingerprint taking and digital "Imaging technology for mug shot photography. The Cook County
CABS system will be a networked system that will be 'interconnected with the State's Attorney7s
Office, the courts, and all. state and federal criminal history banks. The CABS system is expected
to be operational by July, 1998. The CABS system should make the department's arrest processing
and offender identification efforts less time consuming and more accurate.
The attached information packet from the Sheriff of Cook County provides a status report on the
CABS project, includes an M'terdepartmental agreement for approval by the Mayor and Village
Board,, and requests payment of $20,000 for the CABS equipment that will beplaced in the police
department. Furthermore, because a major portion of the overall funding for the CABSproject came
from a federal COPS MORE community oriented policing grant, the interdepartmental agreement
stipulates the Village must make a good faith effort to develop a plan for the redeployment of
personnel to community oriented policing activities. The time spent by of redeployed to
community policing activities is meant to balance the time savings realized by using the CABS system.
Prior to proceeding any further with our participation in the CABS project, I believe you will want
to review the attached documents. Police staff will take no further action absent your direction.
Attachment
Chieff Pavlock
Deputy Chief Daley
oW,
PHONE (312) 443-6444
SHERIFF'S OFFICE OF COOK COUNTY, ILLINOIS
RICHARD J. DALEY CENTER, CHICAGO, IL 60602
MICHAEL F SHEAHAN
SHERIFF
January 21, 1998
t4#4 RD S
Chief Ronald Pa lock 0100 —0
Village of Mount Prospect
112 E. Northwest Hwy.
Mount Prospect IL 60056 RE: LiveScan Grant
Dear Chief Pavlock:
On Tuesday, January nth, the Cook County Board approved the recommendation of the CABS'
Committee (Criminal Apprehension and Booking System Committee) to enter into a contractual
agreement with NEC Technologies. NEC will provide the countywide LiveScan system in accordance
with the COPS MORE federal grant award.
This culmination is the result of many hours of work and investigation on the part of the CABS
Committee to provide law enforcement and the citizens of Cook County with the most advanced
identification technology available. Scheduling, installation, and training in the use of the equipment
will be coordinated by our CABS Unit.- The training will be required to obtain maximum utilization of
this equipment and achieve our common goal of positive identification with rapid response.
You will soon be notified of a joint meeting in your district, at which NEC will provide a comprehensive
overview of the system. The CABS Unit will be on hand to answer any questions regarding the program.
Your department's decision to participate with us in this grant program requires the execution' of an
Intergovernmental Agreement, which is enclosed. Please have your city or village officials sign and
return the agreement as indicated.
I look forward to working with you in the future and continuing our on going intergovernmental
relationship.
:I ,NCI,
Intergovernmental Agreement
Grant Award Document
W
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,cerel:
Michael F. Sheahan
INTERGOVERNMENTAL AGREEMENT
BETMEN THE COUNTY OF COOK, ILLINOIS,
THE SHERIFF OF COOK COUNTY, ILLINOIS,
AND THE Village of Mount Prospect
FOR THE PROVISION OF
CRIMINAL APPREHENSION BOOKING SYSTEM EQUIPMENT
AND RELATED SERVICES
This AGREEMENT, is made and entered into on the day of
1998, by and between the COUNTY OF COO -K"
,r ILLINOIS
(the "County") pursuant to its home rule powers as provided in
Article VII, Section 6A of the 1970 Illinois Constitution and
MICHAEL F. SHEAHAATr SHERIFF OF COOK COUNTY, ILLINOIS (the
"Sheriff") and the Village of Mount Prospect (the "City/Village") .
WHEREAS, the County through the Office of the Sheriff was
awarded a federal grant (the "Grant Award") from the Community
Oriented Policing Services Office of the United States Department
of Justice for the purpose of funding the development and
implementation of a County -wide Criminal Apprehensive Booking
System ("CABS"); and
WHEREAS,, the City/Village has agreed to participate in the
Sheriff's efforts by agreeing to become a partner in the Sheriff' s
CABS consortium; and
WHEREAS, the provisions of Article VII, Section 10 of the
1970 Illinois Constitution and the provisions of the
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize
and encourage intergovernmental cooperation;
NOW THEREFORE, in consideration of the promises, covenants,
terms and conditions set forth in this Agreement, the sufficiency
of which are hereby acknowledged, the County, the Sheriff and the
City/Village agree as follows: I
SECTION 1: DUTIES AND OBLIGATIONS OF THE COUNTY
A. Procurement o
The Sheriff issued a Request for Proposals for the
procurement of the CABS equipment (the "Equipment") and
technical services for the development and
implementation of CABS. Based upon the Sheriff's
review of the proposal responses, the Sheriff has
determined that the proposal submitted by NEC
Technologies, Inc. will serve the best interests of the
County, the Sheriff and all partners in the CABS
consortium. Pursuant to the Sheriff's recommendations,
the County is entering into a contract with NEC
Technologies, Inc. (the "Vendor") for the provision of
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the CABS Equipment and technical services (the
"Contract") A copy of the Contract shall be provided
to the City/Village upon request.
In accordance with the terms and conditions set forth
in the Contract,
the County will procure, on behalf of
the City/Village,
the Equipment and technical services
a's set forth on
Exhibit A of this Agreement. The
Equipment shall
conform to the requirements of the
Federal Bureau
of Identification, ANSIMIST, and
Illinois State
Police standards so as to ensure
interoperability
with the State Identification Bureau
and the ' Fede: al Bureau of Identification. Upon payment
to the County by
the City/Village as provided herein
and installation
of the Equipment by the Vendor,, the
City/Village shall be the owner of -such Equipment.
311 The Contract allows the City/Village, at its sole cost
and expense, to purchase additional items of Equipment
and/or technical services directly from the Vendor on
the same terms and conditions as set forth in the
Contract. The City/Village shall be solely responsible
for the cost of any additional items of Equipment or
technical services desired by the City/Village. In the
event that the City/Village procures additional items
of Equipment and/or technical services directly from
the Vendor,, the City/Village shall provide the County
with prior notice of such procurement so that the
County can determine whether such additional
procurement of Equipment may be accommodated on the
Network and further so that the County can establish
additional security measures that may be required.
B. Provision of the CABS Comuter Network
4 . . . . . ................................
The County shall provide all necessary hardware and software to
operate a high speed backbone computer network (the "Network")
which will allow the City/Village to transmit livescan
fingerprints, digital photos and other information to other Cook
County law enforcement agencies and the Illinois State Police. The
Network will provide for connectivity to Cook County pjjgs, such --
as the Office of the Circuit Court Clerk, the Chicago Police
Department and the Cook County Department of Corrections. The
Network shall also provide for connectivity to ISP sites in Joliet
and Springfield. The County intends to have the Network fully
operational by July, 1998. The County shall be responsible for
operating, maintaining and repairing the Network.
In connection with the CABS Network, the County has entered into
an Intergovernmental Agreement with the Illinois Department of
State Police ("ISP") for the purpose of providing certain expert
technical services and equipment. Pursuant to the ISP Agreement,
0
the ISP will: (i) design, development and Inip,lement a dig, ta,l
photographic archive system that will, be used, to store mug sjlots
of arrestees and to provide e access to, these ph,oto graphs by la,w
enforcement agencies involved in, the, CABS, consortiumf* and
acquire and implement firewalls to protect the ISPIs communi"cat,1011
network's an,d, databa,,ses. Pursuant to the ISP Agreement,r, the County
has been granted a license �to the diga',tal p-hotograph archive
system, and flrewalls. Such, li',censes are effective for as long as
the digital archive system and firewalls are operated by the ISp.
All obligations of the County pursuant to this Agreemen't shall be
contingent upon the I', SP completing their obligati,ons under the
County/ISP I nte,rgovernmental. Agre,ement.
SECTION 2: DUTIES AND OBLIGATIONS OF THE SHERIFF
A. CABS Unit Services
The 'CABS Unit, which is staffed by Sheriff personnel, shall
Arca e the following services to the City/Village:
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scheduling and facilitating installation of the
Equipment within the City's/Village's law enforcement
facility;
2. scheduling the training of the Equipment which shall be
conducted by the Vendor in accordance with the
specifications of the Contract;
3. providing access to the Network twenty -:four ('24) hours
per day, 365 days per year;
4 arranging for warranty services to be provided to the
City/Village directly by the Vendor where the CABS Unit
cannot cure the Equipment ,failure or defect. within.
eight (8) hours of the City/Village's notice of such
failure or defect to the CABS Unit; and
facilitating the provision of technical support
assistance on a twenty-four hour per day, 365 days per
year basis. Technical support assistance shall mean
diagnostic, hardware and software problem resolution
services re at to co,nf lict, fa 1, u r e or Iniproper
functioning of the Equi pment.
SECTION 3: DUTIES AND OBLIGATIONS OF THE CITY/VILLAGE
A. The City/Village shall be responsible for providing a safe
and appropriate environment for the installation and
operation of the Equipment, including but not limited to
adequate cabling, connection devices and lines and utility
services.
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B The City/Village shall be fully responsible for maintaining
and operating the Equipment in accordance with the
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specifications recomajended by the Vendor or Equipment
manufacturer.
C. Upon expiration of the one year warranty on the Equipment,,
the City/Village shall be fully responsible for all Equipment
repairs and preventative and remedial maintenance required on
the Equipment so that the Equipment is maintained in a good
operating condition. In the event that the County procures
extended warranty services for the Equipment from the Vendor,
the City/Village shall be entitled to obtain such extended
warranty services, at the additional cost to the City/Village
as set forth within the Contract.
D Ali During the one year warranty period prorvided by the Vendor, -
if the City/Village incurs any failure or difficulty with the
Equ i4pment the City/Village shall f irst contact the ►Uni t
to assist with diagnosis and correction of the problem. if
the CABS U ' 'nit cannot cure the problem within eight (8) hours,
the CABS unit will "arrange for the Vendor to provide warranty
services within twenty-four (24) hours of the initial call to
the CABS Unit in order to correct the problem. 6
E. The City/Village shall comply with all conditions of the
Grant Award which are set forth in Exhibit B attached hereto.
Pursuant to the terms of the Grant Award, the Equipment may
only be used for law enforcement purposes in connection wi th
criminal apprehension and booking. The City/Village agrees to
use the Equipment only for law enforcement purposes as
permitted pursuant to the terms of the Grant Award. In the
event the City/Village uses the Equipment for non -related
purposes, such unauthorized use shall be deemed a breach of
this Agreement and the County shall have the right to
terminate this Agreement in accordance with Section 4.1
hereof.
F As an additional requirement of the Grant Award, the
City/V:1 llage agrees to make a good faith. of fort to continue
deploying officers into community policing as a result of the
funding of technology and equipment under the Grant. The rr
City/Village understands that it must create a Retention Plan
which will address the steps to be taken by the City/Village
to retain the positions and maintain redeployment of officers
into community policing after the funding of this Grant
expires. The Retention Plan must also address the steps to be
taken by the City/Village for maintaining the positions and
redeployment levels beyond the term of the Grant.
G. The City/Village shall operate the Equipment in accordance
with all relevant policies, procedures, rules, and
regulations, as promulgated from time to time by the Director
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of the CABS Unit, including but not limited to LEADS
requirements as established by the ISP.
H 'ON6 The City/Village, by execution of this Agreement, certifies
that it is in full compliance, or will fully comply, with the
U.S. Department of Justice Certifications and Assurances
attached hereto as Exhibit C.
SECTION 4: TERM OF AGREE T
This Agreement shall commence upon the date the Cook County Board
of Commissioners authorizes execution of this Agreement and shall
continue for as long as the County operates the County -wide
Criminal Apprehension Booking System.
In the event the City/Village breaches any -term of this Agreement
or fails to comply with any condition of the Grant Award, the
County shall. have the right to terminate this Agreement and the
City's/Villa e's Network connection to the County,, Prior to any
such terminatioft, the County shall g1ve the City/'V ill,age seven, (7)
days prior notice of such intention to terminate and provide the
City/Village with an opportunity to cure such breach prior to
termination of the Agreement and the Network connection.
F Ilk
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111 111111111or 0 11
Upon execution of this Agreement, the City/Village shall transmit
to the Sheriff the sum of Twenty Thousand Dollars ($20,000.00) to
pay for the Equipment and technical services to be provided by the
County. Payment shall be made payable to the County of Cook,
Illinois and transmitted to Mr. Daryl Bernard, Cook County
Sheriff ' s Police office, 1401 Maybrook Drive, Maywood, Illinois
60153. The Sheriff shall transmit such payments to the Cook
County Comptroller for deposit with the Cook County Treasurer.
SECTION 6: MISCELLANEOUS
A. Nonliability: No party to this Agreement shall be liable to
any other patty for any loss, claim or damages as a result of
any delay or failure in the performance of any obligation
hereunder, directly or indirectly caused by or- _resulting___
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from: acts of the other party; acts of the government; acts
of God; acts of third persons; strikes, embargoes, delays in
the mail, transportation and delivery; Network or power
failures and shortages; fires; floods; epidemics and
unusually severe weather conditions; or other causes beyond
the control of such party.
B Binding Effect: This Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the
parties as if they too were parties to this Agreement.
I
C. Severability: The parties agree that to the extent a court of
competent jurisdiction shall determine that any part or
provision of this Agreement is unenforceable as a matter of
law, such part or provision of this Agreement shall be deemed
severable and the remainder of this Agreement shall survive.
D. Notice: All notices required herein shall be in writing and
be served personally or by registered or certified mail,
return receipt requested, upon the parties at theix principal
administrative offices or as otherwise designated.
E Governing Law: This Agreement shall be governed, interpreted
and construed according to the laws of the State of Illinois.
F. Amendment: This Agreement contains the entire agreement of
the parties and shall supersede any - prior written or oral
agreements or understandings. This Agreement may only be
altered, modified or amended upon the written consent and
agreement of all parties hereto duly adopted as required by
law. I
G. Compliance with Laws: The parties hereto agree to observe and
comply with all federal, state and local laws which may in
any manner affect performance under this Agreement, including
without limitation federal and state laws governing the
dissemination of criminal records.
Right to Audit: The City./Village agrees that. t any auditor
appointed by the U.S. Department of Justice and/or the County
shall, until expiration of five years after the final payment
under this Agreement, have access and the right to examine
any books, documents, papers, canceled checks, purveyor's and
other invoices, and records of the City/Village related to
this Agreement, or to the City's/Village's compliance with
any term, condition or provision of this Agreement. The
City/Village shall be responsible for establishing and
maintaining records sufficient to document the costs
associated with performance under the terms of this
Agreement.
I Indemnification: With respect to any claims, losses, damages
and liabilities that may result due to the Vendor performing --
services on the premises of the City/Village, the
City/Village agrees to indemnify, hold harmless and defend
the County and its commissioners, elected officials,
employees, agents and representatives, and their respective
successors and assigns, from and against any such claims,
losses, damages and liabilities, including costs, expenses
and attorney's fees.
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SECTION 7: ACCEPTANCE and EXECUTION
The terms of this Intergovernmental Agreement are hereby accepted
and executed by the proper offiLcers aid off-l"cl'als of the parties
as set forth below. Attached to this Agreement as Exhibit D is a
City/Village Resolution authorizing execution of this Agreement.
COUNTY OF COOK, ILLINOIS
BY:
John H. Stroger, Jr.
President, Cook County Board
of Commissioners
ATTEST:
David D., Orr, County Clerk
1
SHERIFF OF COOK COUNTY, ILLINOIS
BY:
Michael F. Sheahan
g +o - ► as to Form-.
Assistant State's Attorney
CITY/VILLAGE
BY:
Mayor/President
ATTEST:
Clerk
0
f: \sheriff \cabs\ town I ga. fnl
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14 ;h, 0 4:1014601
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LIST OF EQUIPMENT AND TECHNICAL SERVICE"M
TO BE PROVIDED BY VENDOR/COUNTY
10 -Print Machine (1)
10 -Print Printer (1)
I
Oracle User License (1)
Backuv Hardware and Software for the 10-PHn-t Machine
A.
Digital Mugshot System (1)
Camera (1) , So�tware and Lighting for the Digital Mugshot System
Router to Connect to the Cook County Network (1)
p Training
One Year Warranty on all Equipment and Software
One Set of Documentation for all Equipment and Software
EXHIBIT B:
U,S, DEPARTMENT OF JUSTIC:*
GRANT AWARD CONDITIONS
CONDITIONS OF GRANT AWARD
1. Grantees which have been awarded funding for the procurement of an item in excess of $100,000 and have
already identified a vendor must provide a written sole source justification to the COPS Office prior to obligation,
expending or drawing down grant funds for that item.
2. The funding under this project is for the payment of costs approved by the COPS Office for support resources
(including the salaries and benefits of civilian personnel), equipment and technology, and/or overtime that has been
approved by the COPS Office.
3. COPS MORE '96 grant funds must be used to hire one or more civilians beyond the number of civilians that
would be hired or employed by the grantee in the absence of the grant, or must be used to purchase equipment or
technology beyond that which the grantee is already, obligated or funded to purchase, or must be used to fund overtime
that exceeds current and planned overtime payments.
0'1
4. The civilians and equipment and technology funded under this grant may only be utilized in activities or
services that exclusively benefit your agency and the population that it serves. If your agency provides police services
through a contractual arrangement,, you'r agency is responsible for ensuring that the utilization of civilians, equipment
and technology and overfliels in compliance with the conditions of your grant
5. The grantee, acknowledges its agreement to comply with the assurances and certifications" submitted with the
COPS MORE, 1,96applicatIoU.
6. In order to assist the COPS Office in the monitoring of the award, your agency will be responsible for
submitting progress reports and financial status reports on a quarterly basis. As those reports become due, your Grant
Advisor will provide you with outlines to assist you with these reports.
7. Requests for extensions of the grant award period that merely request additional time, not additional funding,
should be submitted in writing to your grant advisor no earlier than August 1, 1997 and no later than September 15,
1997.
8. The COPS Office may conduct or sponsor national evaluations of the Community Oriented Policing Services
Program (COPS) and the MORE '96 program. The grantee agrees to cooperate with the evaluators.
9. The grantee agrees to abide by the terms, conditions, and regulations as found in the COPS MORE 196 Grant
Owner's Manual and the Uhif,6rmAdnVnistrative Requirements for Grants and CooperativeAgreements areements to State and Local
Govertiments, 28 C.F.R. Part 66. a
10. For grants of $500,000 or more (or 51,000,000 or more in grants over an eighteen month period), the grantee
acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if grantee is required to submit
e, 1V,11dvr.,C.J4-,.R. 42.302) that is approved by the Office of Justice Programs, Office for Civil Rights, is a violation of its
As", u'r ncdshijfi� t4v result in the suspension of the drawdown of funds. For grants under $500,000, the grantee must
It a cornlpt6t,6d EEOP Certification form and return it to the Office of Justice Programs, Office for Civil Rights,
within 120 days of the grant award.
0
11*The reelipien,tagreestaw con ipleteacid keep on file, asappropriate, an immigration and Naturalization Service
Employment Iigibility Verification Form, (1-9). This form is to, be used by the recipients of federal funds lo'verify that
personsbare ell gl'blhito work in the United States.
12. The grantee agrees to monitor and exercise best efforts to maintain the level of redeployment of current sworn
kD
officers into community policing that is the result of COPS MORE '96 funding. During the first 60 days after the grantee
signs and returns the grant award document., the grantee will work with the COPS Office to develop a plan to track the
officer time redeployed into community policing.
13. If any part of the funded project is subject to the requirentents, of the Crim!'' 11 :gJce.,,Sy$tems Operating
regulation, 28 C.F.R. Part 23, the grantee agrees to submit to the COPS Off -ice its ope � procedures and/or a
certification that such a system has on hand operating policies as required by the regulation prior to drawing down grant
funds for the funded project,,,
EXHIBIT C
U.S. DEPAR Tr;MEN'T' OF JUSTICE
CERTIFICATIONS ,A ND ASSURANCES
I, I
inform employees ,,
, HIg drug-free awareness program to
bo:,
(a) ° Y'he dangers of drug abuse in the workplace; .
*ranteevs, policy of t
Ming f workplace;
(c) Anyavailable drug
+ 4 • and ernploy-
ee
assistance I -
Unposed
b,r # - for
drug abuse vi-bb,tions, occurdn�g In the workplam
(WIii) Malang, it 'ment that each employeeto be
i the ,
�r .
statementthe
be gilven
. r
y ofyire4 by a
i p
Pa w
Ta
60 Nothe jernp
statement .i *R
grant, by
(a) Abide by the terms of the statement; and
pa
b -
) R uirini g such em I
o
t
factorillv a
drug abuse assistance or rehabs' litaHo� ,
� program pp�� for
such purposes by a Federal, St, tor ,1ca health,,, lawo
ment or ether appropriate agency;ento`
( Making 4, ,blood Ifaitl effort to 'cPntin
ue to na
-f �°ork�wact uh " ,eta��, �.
�'V),"'and
B_
The
gntee 1, insert r
spaceo1
ul Connection
•specific
grant:
Place of Performance (street address, city county, State, zip Code)
Check C3 if there are workplaces on file that are no
here. t identified
Section 67,630 of the regulaii0m provides that a gmntee, that is a
State
COPY Of Whkh should be included", with each, application
f6r 'Department of justice fun,di
e1wIng- State$, and, State agencies to use; OR mav
r
Check 0 if the State has elected to complete o
P JT" Form 4061/7.
4. Coordination
The Public Safety P�rtrtership and Community
Policin• . i
Fuires F *nts to crtify that there has I4
94
f Ct Of appropriate coordi-
.0
nation %ith all agencies
�' ♦ . . • •
cted by thproposal if approved.
1
Mflr
encies, maY' include� among o n
the
'o or local, .
correction«, agencies.
• ..r
appropriate coordination with all
affected
S. Non -Supplanting
_ntic, appEcant I r
replace'I 1
'A ed. ta_."
ppaint State Or local ftinds, or funds
f
would,
Made available to or for
• enforcement purposes.
U.S. Department of Justice
Office of community Oriented Policing Services
L Youhave bmnlegal�y and offiidaBy authorized, by t1w, apprapniate
900ven*V body (for emrnoe, rmyor or citycounSIN j) to app�ylbr tWs
,gmnt and thAt, the per� sigrdng t1w; appItcation and, ffiese,,assur%-
sam IoWyow, bd-taY axe autho6wdto do, so and to act on your
bdWf with respeil o
. MND
. h
2- 'YOU IV fflcoa*� with ' I
th,e provis*ons of federal law w1u,"'ch litnit
CMUin politital actMties o(your empi )yees whose� prindpej
err?1qMwt, is in Cannection m6th a'n activitY fi=iced in NAide or'in
��"rt with ffdstrant-! These restrictions amset forth, in, 5 USIC
!SOL, et seq.
3 'y
bu WiD CO'nPlY With, t1le rrinim'urnl wage and, rriamrn� I==
wovWons of die Federal Fair LAbori St=dards Ac�, ifth�y app�y to
i. 0
U Will, to, 01v -,extent practiaible and consistent %vh, applicable
law, nx-ruit, wid, fiiry qualified memlvrs of raciaJand ethnic
n,unorltv prxiupN and qualified 1--lonien in ordor to further effe-Ctive
law miorrenx7tit inciva:sIng their r; Ls within the
mvorn rosi-
ons-in your algvncy
4
..... .. ..... .
..........
1�11[ If jj�
L2,12EXIL'A L
of
A. In, the, evwt tjwt,ajW couyt,or a $batjv�ageng, maj<es a,
finding of djisai�%ation on grounds of race� color, r�Agion,,
nabb!W origir,� gellder, diseibwty or -age agabw you after a, due
pnxtss liearin& you'agree to,forwW a, copy of'the finding to th, e -
To
COPS1 gal'Di'vis* r,�,'IIOOVermntAvenueIN.KWk�N,n,gtor�,
DC 205,300, 1
aE
'=LM& rXIL7L—F�= 101MR17,111
9. You11
''Will insuir tflat t1v fact'111es ttrider your o lease or;
I wnersWp
supervision w 'A SM -11 be utiliud In the accornplishmento't tlic
i -
pro)xt am not listed on the Env,imr%nwnW Protection S
i Agency,
o, 1 01 notlf� us if`you ary
(UA)'Hist, f Violati 9 Fac"Lities and tltt t, youxv,
advised by the UA lindicating, that, a faj,t,v t
be d' r
US -0 rn thjs imt
is under considjerabo A EPA.
, n for, listi nt b,,%
10., If yourstate Kris establishoda Mi'vio,w and co'nunent prtxeduro
under Order 121,372" and has ,d tjrtj, 1,im,
qf
1,rw or
RIVI'MV, VOIL11 hzi-ve mij.de"I
JINS a wtdo'bit - I'A,,"ir wvivw 1, 111
State, SinytIv 1"o,int ofContaj,
COPS MORE 96 AWARD r
U.S. DEPARTMENT OF JUSTICE
OFFICE OF COMMUNITY ORIENTED POLICING SERVICES
Crani #. 97C
LWX0002 0 R #: ILO 1600
Vendor #: 366006545
Applicant Organization's Leger Name: Cook CountySheriff's - _.
riffs Department
Tit
p regI'M grant award docu ments dated
Authorized Official Name: president of County Board John Stro er have been, cancel
g le . any Award
Contact Name: Do tet or equest for ia e .
submitted
Coduti for th* ito
ottl1s label will
of be
Address: 50 W. Washington, Froom 704 honored and should he destroyed. Thank Vou
for your cooperation.'
City, State and Zip Code: Chicago, IL 60602
Phone Number: (312)443-6444
Fax Number: (3 12)443-3450
" Award start date: January 1,1997
Award end date: December 31, l 997
Award Amount: 510,359,501.00
Number of Redeployed Officers: 414
Civilian Personnel Award: $403,701.00 Number of Redeployed Officers: 16
Equipment/TechnologyAward: $9 ` APPROVED BY BOARD
,��5,500.00 Number of Redeployed Officers: 3 LINTY
CC?MM155
AUG
k
By signing this award, the signatory '116J, "is
agreeing to abide by the C°o it'`ons of rimt Award
a nd on thcreverse side or i d cum t„,
los Brenn4.o
.
eet St
iatore ofOtiictal with the auth
g award ority to accept this.
�
JUN 30 p97
Date
Typ Namc and Title of Oficial
Date
EXHIBIT D
CITY/VILLAGE RESOLUTION
SHERIFF'S POLICE
COOK COUNTY,, ILLINOIS
CRIMINAL APPREHENSION BOOKING
SYSTEM
1401 MAYBROOK DRIVE
MAYWOOD, ILLINOIS 60153
(847)470-5956 FAX (847)470-5958
...... .. . . . . . . . ..........
. .......... --- ---
. . ............. .
Chief Ronald Pavlock
Village of Mount Prospect
112 E. Northwest Hwy.
Mount Prospect IL 60056
Invoice No. 98=0 8
Terms: Due On Receipt Cook County Federal ID Nbr: 36-75-0038-K
Qty' Descriptioll--,.,
-Print LiveScan Machine -(NEC)
Complete 10
Complete Diital •Mu hot Syste
gm
gs
Connectton to the Cook County Network
. . . . . .......... — - ------- . ........... . ... . ....
Training and Documentation
Oracle User License
. . . . . ............... . ...... . ............... . ...... ,""""""", . ............ .......... . . . .............. . . ...... . . ...........................
One Year Warranty on all Equipment and Softwar
i
THIS INVOICE IS FOR THE I -AVE SCAN EQUIPMENT AND SERVICES TO BE PROVIDED BY THE COUNTY
OF COOK IN ACCOR1:) WITI4 THE FEDERAL COPS MORE GRANT FUNDING THE CRIMINAL
APPREHENSION BOOKING SYSTEM (CABS) PROJECT.
TOTAL AMOUNT DUE:'$20,1
Makepayable to: County cif Cook, Illinois
Traiismitb(yment to: Mr. Daryl Bernard
f
Cook County Sheriffs Police Office,,,
1401 Maybrook Drive
Maywood, Illinois 60153
V111age of Mount Prospect
Mount Prospftt, Illinois
INTEROFFICE MEMORANDUM
TOO MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: CHIEF OF POLICE
SUBJECT: MAJOR CASE ASSISTANCE TEAM'S (MCAT) RESOLUTION
DATE: FEBRUARY 5, 1998
To consider a Resolution adopting an Intergovemmental Agreement establishing the Northwest
Suburban Major Case Assistance Team (;MCAT).
ufl'�M' - 0�
For several years there have been discussions among area Police Chiefs regarding the need to form
a, multi-Junsdictional major case umt. Whenthe, 1993 Brown"s Chicken murders occurred,,, many
governmental agencies were mvolved, 'in th,e subsequent, investligative eff'orL This, inc dent
underscored, the need for an orgam*zedl inter goven unental framework through which to undertake
the investigation of serious crimes.
In response, 13 municipal agencies in the Northwest Suburbs, the Cook County Sheriff's Police and
the Illinois State Police are in the process of banding together to form a Major Case Assistance Team
(MCAT). MCAT will be an intergovernmental organization for pooling police resources in the event
the investigative demands of a serious crime exhaust the resources of an individualparticipating
agency'.
Participating Police Chiefs have met nij rneroustimes during the, past, two years to develop the
MCAT proposal. To date, the Bylaws of MCAT have been, drafted, investigators from each agenc,
y
have been selected and have participated in four (monthly) falldays of training. Thefinal, step is,
the approval of the proposed Intergovernmental MCAT"Agreement by each participating,govemment
body. (MCAT Intergovernmental Agreement and the Bylaws of MCAT are attached.)
This task force would not operate as a self-sustai
Michael E. Janonis, Village Manager
February 5, 1998
Page -2-
from their agencies, except for limited periods of time when mobilized to address a major incident
or multi jurisdictional investigation. These mobilizations would usually be for relatively short
periods of time (5-10 days) to assist the responsible agency in handling the immediate needs of
witness interviewing, canvassing, evidence processing, warrant service, and the processing of "hot"
leads. When mobilized, the task force would report directly to the Chief Investigator and Chief of
Police for the agency responsible for the investigation. The participating Chiefs of Police maintain
complete control of their personnel, however, and may decline to dispatch assistance initially and
may call their personnel back to their own agency at any time.
Much like mutual aid agreements, MCAT can be viewed as "insurance" should a major criminal
incident occur. It would be virtually impossible for any agency outside the Chicago Police
Department to handle an investigation the scope of the 1993 Brown's Chicken Restaurant murders
without assistance from its neighbors. Accepting that fact, it is a natural extension to establish a
process to identify those personnel who would participate and then allow them to train together and
establish response procedures. Some small amount of funding may be necessary to supply
equipment to be used by the task force.
RUDGE TEUPACT,.:
It is proposed that each MCAT member agency will have an initial assessment not to exceed
$2,500.00 to provide operating seed money, and additional annual dues to exceed $500.00. This
would cover additional liability insurance, training and start-up computer program costs, as well as
some matching Grant costs. In addition, each agency would purchase two Nextel PowerFones at
$225.00 per unit which includes the phone, two-way radio and pager. There would be a $35.00 per
unit monthly charge that would increase to $45.00 a unit on activation of the team. Each agency will
be billed separately.
It is recommended the Village Board approve this proposed Intergovernmental Agreement and
become a participating agency member of MCAT.
QJIM, a 12
A motion to approve the Resolution ado the Intergovernmental Agreement establishing the
Northwest Suburban MCAT,
RWP:d
i
Attachments
alibi-
RESOLUTION
AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN
INTERGOVERNMENTAL MAJOR CASE ASSISTANCE TEAM AGREEMENT
WHEREAS, a number of agencies, including the Village of Mount Prospect, have
negotiated the terms of an Intergovernmental Major Case Assistance Team Agreement,
known as the "MCAT", and
WHEREAS, such Agreement would provide mutual police assistance for
investigation and control of major police cases to any of its members in accordance with
the terms of that Agreement; and
WHEREAS, the provisions of such Agreement would be in the best interest of the
citizens of the Village of Mount Prospect;
NOW, THEREFORE, BE IT RESOLVED, BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
giEQTION 1: The foregoing WHEREAS clauses are hereby incorporated into this
Resolution as though fully set forth therein thereby making the findings as hereinabove set
forth.
aE-Q_TLQ.N.J',, The President and Clerk are hereby authorized to executed an
Intergovernmental Major Case Assistance Team Agreement consisting of four (4) pages,
which Agreement is appended to and made a part of this Resolution.
1ON This Resolution shall take effect immediately upon its passage and the
.1
entry of the municipality or agency into the Intergovernmental Major Case Assistance
Team Agreement shall take place in accordance with Section 8 of that Agreement.
This Resolution shall be in full force and affect from and after its
adoption.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of,
ATTEST:
Carol A. Fields, Village Clerk
Gerald L. Farley, Village President
A
INTERGOVERNMENTAL MAJOR CASE ASSISTANCE TEAM AGREEMENT
The undersigned (municipality or agency), the Village of Mount Prospect, County
of Cook, pursuant to Article V11, Section 10 of the Illinois Constitution of 1970, the
Intergovernmental Cooperation Act (5 ILLS 220/1 et seq.), and Section 1-4-6 and 11 -1 -2.1
of the Illinois Municipal Code (65 ILCS 5/1-4-6 and 5/11-1-2.1), agrees as follows:
S
0 ECT[O N OP Purpose of Agreement
""roil
A. This Agreement is made in recognition of the fact that local law enforcement
capabilities are enhanced by having access to regionalized facilities, programs and
the assistance of other departments. It is the purpose of this Agreement to provide
the means whereby enhanced access to facilities, programs , training and
assistance is provided through the Intergovernmental cooperation of the
Participating Agencies.
B. It is the intent of this organization that each member shall bear its own costs and
risk of liability associated with personnel, training, and equipment when providing
assistance to another member. When entering into membership, it is impossible
to predict the frequency or intensity of a particular member's mutual aid
requirements. Therefore, some members may ultimately receive agreater measure
of actual benefit than other members. The purpose of entering into such an
intergovernmental agreement is to gain access to mutual aid when required. A
consideration for this access is the known risk that the ultimate cost and benefit
may not be evenly distributed among members.
*1
SE9TION, 2'.1 Definitions
For purposes of this Agreement, the following terms shall be defined as set forth in
this section, as follows:
A. Participating Agency. Any one or more agencies that have duly adopted a
resolution authorizing the execution of this Agreement.
B. Agreement This Intergovernmental Major Case Assistance Team Agreement.
or administrative programs, and major crime task forces, all as more fully defined
in the Operational Plan developed pursuant to this Agreement.
D. Requesting Agency. A participating agency that requests police assistance
pursuant to this Agreement.
E. Aiding Agency. A participating agency that providespolice assistance pursuant to
this Agreement.
F. Chief of Police. The highest ranking law enforcement officer of a participating
agency or his or her designee.
G. Village Manager. The chief administrative officer or designee of that officer for each
member municipality.
It
SE,CTION 1.
Rights of Participating Agency.
4,
The rights of each participating agency shall be as set forth in this Section and shall
be exercised by and throughthe actions of the Village Manager or Chief of Police of each
respective participating agency.
A. Any participating agency may request police assistance from any one or more
participating agency when, in the judgment of the Chief of Police of the requesting
agency, such assistance is necessary. The request shall be made to the MCAT
Coordinator. Each request for assistance and the response to that request shall be
reported to the Executive Committee.
B. Any participating agency may render aid to any one or moreparticipating agencies
to the extent available personnel and equipment are not required for the adequate
protection of the aiding agency. In making that determination, the Chief of Police
of the aiding agency may consider the reasonableness or urgency of the request
and the amount of personnel, equipment and time commitment available to the
requesting agency, and that determination shall be final.
C. The Chief of Police of the requesting agency shall, through the MCAT- Co'o'rdinator
direct the actions of any sworn or civilian personnel of any aiding agency providing'
police assistance pursuant to this Agreement.
D. Nothing in this Agreement shall preventany, participating agency from cooperating
with any other agency, regardless of whether '[,It is a participating agency. Nor shall
anything in this Agreement prevent any participating agency from acting jointly or
in cooperation with any other local, state or federal unit of government or agency
thereof, to the fullest extent permitted by law.
K
SECTION 4: Authority of Sworn Police Personnel
Any sworn police officers providing police assistance to a requesting agency under
this Agreement shall have all of the powers of police officers of the requesting agency,
including the power of arrest, and are subject to the direction of the MCAT Coordinator
working in concert with the Chief of Police of a requesting agency.
SECTION 6: Compensation Between Participating Agencies, Length of
Engagement for Investigation
A. Except as hereinafter provided, the assistance provided by any aiding agency
under this Agreement shall be rendered without charge to the requesting agency
or any other participating agency.
B. The length of any particular activation of MCAT shall be as set forth in the
Operating Plan. If any agency desires to retain the services of another agency's
employee beyond the time limits set forth in the Operating Plan, they may do so
only with the consent of the aiding agency. Under such circumstances, the
agencies shall determine between themselves the amounts of compensation to be
paid to the aiding agency.
SECTION 6: Responsibilities of Participating Agencies
A. Each participating agency shall assume the responsibility for the actions of its
sworn or civilian personnel acting pursuant to this Agreement, both as to liability
and as to the payment of benefits to such sworn or civilian personnel, all to the
same extent as such personnel are protected, insured, indemnified and otherwise
provided for when acting within the participating agencies' respective corporate
limits.
B. Each participating agency shall be responsible for the payment of all benefits to all
of its sworn and civilian personnel acting pursuant to this Agreement, including but
not limited to the payment of wages, salaries, disability payments, pension benefits,
workers' compensation claims, and claims for damage to or destruction of
equipment and clothing, and claims for medical -expenses. I -
SECTION 7: Board of Directors; Operating Plan
A. The Chief of Police of each participating agency and the three Village Managers of
the municipalities represented on the Executive Committee shall constitute the
Board of Directors of the Major Case Assistance Team.
B. The Board of Directors shall establish an Operating Plan for implementing this
Agreement. The Operating Plan shall include, but not be limited to, procedures for
C
requesting, rendering and receiving aid. The Operating Plan shall be reviewed,
updated and evaluated by the Board of Directors at regular intervals.
C. The Board of Directors shall establish a procedure for the expenditure of funds and
the signing and countersigning of checks drawn on any MCAT account.
SECTION 8: General Provisions
A. This Agreement shall be in full force and effect and is legally binding upon each
participating agency at such time as it is signed and certified by that participating
agency.
B. This Agreement may be amended from time to time by resolution of the appropriate
governing body of three quarters of the participating agencies. The effective date
of any amendment shall be the date as of which the last of the necessary agencies
has approved the amendment.
C. This Agreement shall remain in full force and effect and shall bind the participating
agency executing this Agreement until such time as the appropriate governing body
of that participating agency adopts a resolution terminating its participation in the
Agreement. Certified copies of such resolution shall be filed with the clerk or other
appropriate official of all other participating agencies within thirty (30) days of its
passage.
IN WITNESS WHEREOF, this Agreement has been duly executed this day
of 19
Participating Agency
--- - ------- -- --- ---------- - --------- . . . ....... . ....
Presideht, Mayor other appropriate official
ATTEST:
M
4
BY=LAWS OF THE
MAJOR CASE ASSISTANCE TEAM
ARTICLE I - NAME AND PURPOSE
Secti"on 1 u This organization shall be known as the Major Case Assistance Team
(MCAS`).
DO 0, AM,
op
dft
4W
Sectio It is, the -intent of this, organi zation thateach membershall bear its, own
costs and risk of liability when providing assistance to another, member. Wheinenten'nginto
mem bersh'tip, it isf *Impossible to predict, the frequency or, int en sit y of' a particular members,
mutual aid requirements. Therefore, some members may ultimately receive a greater
measure of actual benefit than other members. Thepurpose of entening into such an
lntergovern�rnental agreement is to gain access to mutual aid when required. A consideration
for, this access is th,e known risk that the ultimate cost and bene,fit may not be evenly
distributed among members. I
ARTICLE 11 - AUTHORITY
MCAT is established pursuant to the Intergovernmental Major Case Assistance Team
Agreement ("Agreement"), as adopted by the participating agencies.
ARTICLEIII m MEMBERSHIP
seg1ign 1, The, odgbal members of'MCAT are: ANington Heights, Bartlett, Cook
'01
County Sheffs Police, Des Plaines, Elk Grovef Hoffman, Estates,. Illinois, State, Police, Mount
Prospect, Morton Grove, Palat,"ine, Park, Ridge,, Prospect Heights, Rolling Meadows,
Schaumburg,, and Streamwood,,
5.gotion Other agencies may, become members of MCAT upon adoption of th
Intergovemmental Major Case Assistance, Team Agreement (hereinafter "Agreemenr) b
the corporate authorities of the agency and approvalby a two-thirds vote of the Board o
I
Directors and payment of any membership or assessment fees required of subsequen
members,
Sectioa 3. Members, who fail to meet arty obligations including but not limfted to
payment 'Of, dues, in accordance with the Agreement or wth these By -Laws may be
suspended or expelled from membership by a, two-thirds vol�te of the Board of Directors
ARTICLE IV a BOARD OF DIRECTORS
Secti The Board of Directors shall consist of the Chiefs of Police of the
participating agencies and the Village Manager of the three municipalities represented on the
Executive Committee.
'All
..........
pill
�gctLon3: The Board of Directors shall have the authority to take appropriate action
to accomplish the purposes of MCAT.
�ec,tion 41: An Executive Committee of the Board of Directors shall consist of the
Chairman, Secretary and Treasurer, elected from the member municipalities by the Board of
Directors, and who shall hold office for a term of two (2) years or until a successor has been
elected. Should a vacancy occur, a special meeting of the Board of Directors shall be called
to elect a successor for the remainder of the term of office.
Section 5,: Neither these By -Laws nor any Operating Plan shall be inconsistent with
the Intergovernmental Major Assistance Team Agreement.
ARTICLE V - MEETINGS
Section 1 The B,oard of Directors shall m eet at least quarterly at a time and plac
determined by the Executive Committee. Special meetings may be called by the Chairman
a majority of the, Executive Committee, or by one-third of the members of the Board
Directors .
10
Sec ipn The Executive Committee shall meet when called by the Chairman or a
..t 2,
majority of the Executive Committee members.
�ggLign 3: A majority of the members shall constitute a quorum for meetings of the
Board of Directors or Executive Committee.
Sect The current edition of Robert's Rules of'Order, shall gvem meetings in
all cases in which, they are applicable, and not inconsistent wi" h these BY -Laws.
2
ARTICLE VI a DUTIES OF OFFICERS
Section 1: The Chairman shall preside at all meetings of the Board of Directors and
Executive Committee and appoint members of any committee( except the Executive
Committee) that may be established by the Executive Committee or the Board of Directors.
Section, 2,a., The Secretary shall keep an accurate record of the proceedings of all
meetings, carry on official correspondence as directed by the Board of Directors,provide to
each Board member the official minutes of all meetings, and maintain all official MCAT
records.
a2ction 3,� The Treasurer shall receive all monies, be custodian of all funds, an
deposit, all, funds in afinancial institution approved by the Board of Directors. The Treasure
shallg*t,ve financial reports as required by the Board of Di I rectors, sign and issue checks, an
perform such other duttes as usually pertain to the, office.
= C%
ARTICLE V11 - COMMITTEE.,
The Chairman or Board of Directors may create such committees as are deemed
necessary to accomplish the purposes of MCAT.
ARTICLE Vill - DUES AND ASSESSMENTS
ae�� The initial assessment for an original member shall not exceed Two
Thousand Five Hundred Dollars ($2,500.00). Initial assessment for subsequent members
shall be as set by the Board of" Directors. The annual du'e,sif any, shall be prescribed by the
Board of' Directors, and' shall be payable to, the Treasurer when requiredby the Board. All
assessments approved by the Board shall' be binding upon all members and payment shall
be a condition of membership. The foregoing notwithstanding, no annual dues shall be
greater than Five Hundred Dollars ($500-00) unless approved by two-thirdsthe
individual Boards of Trustees or City Councils of the member municipalities.
ARTICLE IX COMPENSATION
Section 1: Officers and members of the Board of Directors shall serve without
compensation.
do Except as otherwise provided in the Agreement, police assistance
provided by any aiding agency shall be rendered without charge to the requesting agency or
any other participating agency.
M
�gctlon 3: An aiding agency may request payment from or indemncation by a
J
u
requesting agency where the aiding agency,has incurred unusual or burdensome costs in
ng, a1ency.
providing police, assistance to the requesti
I Se clig,o 4,,*The Board of Directors may approve expenditures for professional
consultants for training only as required by MCAT.
ARTICLE X a DISBURSEMENTS
Disbursement of funds may be made only as authorized by the Board of Directors.
ARTICLE XI -PROPERTY
The equipment, property, supplies, wd fumishings needed to fulfill thel purpose of
MCAT may be provided by participating agenclies. Any iteml provi"i'ded by a participating
agency shall be, and remain, the property of that agency,,, unless provided otherwise by the'
agency. Equipment or property purchased by, MCAT for use, of Its, members shall be the,
property of MCAT.
ARTICLE X11 a& AMENDMENTS
. . . . . . . . . . . . . .
0 Z Jim"
ARTICLE X111 w DISSOLUTION
If at any regutar meefing, or at, a special meeting called for the purpose of di'ssolution,
two-thirds ofthe members ofthe Bloard of Directors vote in favorof dissolution, MCAT s1h, A
be dissolved within thirty (30) days,, provided notice of the meefing shall have been sent to
the Board members not less than, fifteen (15) days, pdor to the meeting.,
A R TICL E XIV ft EFFEC Tj VE DATE
These By -Laws shall be in full force and effect from and after theirpassage and
approval.
0
Secretary Chairman
Treasurer
The By -Laws of the Intergovernmental Major Case Assistance, Team are approved this
d a y of,,, _ 0 �Nmwww
Chief Rod Kath
Arlington Heights Police Department
Chief Dan Palmer
Bartlett Police Department
Commander Lenny Marak
Cook County Sheriffs Police
Chief Robert Sturlini
Des Plaines Police Department
Chief Fred Engelbrecht
Elk Grove Police Department
Chief Clint Herdegen
-Hoffrnan Estates Police Department
Capt. Ken Bouche
Illinois State Police Department
Chief Ronald Pavlock
Mount Prospect Police Department
Chief George Incledon
Morton Grove Police Department
5
Chief Jerry Bratcher
Palatine Police Department
Chief Robert Colangelo
Park Ridge Police Department
Chief Robert Bonneville
Prospect Heights Police Department
Chief Gerald Aponte
Rolling Meadows Police Department
Chief James Palmer
Schaumburg Police Department
Chief Gary D. O'Rourke
Streamwood Police Department
IN,
Village. of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MICHAEL E . JANON! S, V], "I.-rAGE M, A: A.(,E
0
FROM: POLICE CHIEF
SUBJECT.- LOCAL THEFT AND RETAIL TMFT ORDINANCES
DATE: 4 FEBRUARY 98
The Police Der)artment is reconunendin,,g the, enactment of the proposed theft and retail theft
ordinances to provide patrol officers and investigators with an additional law enforcement tool to use
when processing juveniles and young adults who•
have committed m inor 'crnal" offenses.
IL &-.-
DISCUSSION
Currently,, patrol officers routinely make apprehensions for theft and retail theft offenses in three types
of situations where the filing of the charges under local ordinances may be preferable to the filing of
the charges under State statute. The first situation :ovolves the juvenile offender. To file a State
misdemeanor crinfinal complaint, the offender must be at least 17 years of age. Offenders under 17
years of age are processed under the provisions of the Juvenile Court Act. VVHle the juvenile court
system may effectively address chronic delinquents or serious delinquent (criminal) offenses, it is not
very effecti ve m' addressing first time offenders or minor delinquent acts- Generally, these offenders
simply are released to their parents. The enactment of the proposed ordinances would allow officers
to bring these juveniles into local court, much the same as we do for violators of the parental
responsibility ordinances, where the Village prosecutor could ensure the case receives a more
thorough review.
The second situation involves the arrest of a young adult offender, with no criminal history, for a
relatively minor theft or retail theft offensel, e.g., a seventeen year old shoplifter who stole a $12.00
baseball cap. Under current law, this offender must be sent to State court. As such7 he would be
subject to full arrest processing (fingerprints & mug shot), would be entered into the State and FBI
cnnimal history files, would have to retain an attorney for court, and would probably receive a plea
bargained sentence of court supervision. In this example, a hearing in local court may be a more
appropriate option. The oftnder would, not be fi',,� r nt' d. or phot
n&),e pr, e ographed, his arrest would be
'd probably pre&r the youths parents
entered only -'ion our local records system, the Judge Woul,
accompany him to court instead of an attorney, and a firm penalty, in terms of a monetary fine, could
be assessed. Although theft and retail theft cases probably would not be sent to local court very often,
this enforcement option would serve a legitimate law enforcement purpose.
Michael E. Janonis
Page -2-
The third,, and finat, situation involves cases of multiple offenders and both State and local law
violations. This problem often occurs during the summer months when officers respond to loud party
calls and end up arresting numerous persons for underage possession of alcohol and one or two
pFrsons for a related theft offense. Under current law, the violators of the State statute must be sent
to State court. The violators of the local ordinance would be sent to local court. As a result, the
prosecution of the case would be disjointed and somewhat 'Ineffective, and there may not be any
consistency in the penalties that are assessed. The enactment of the proposed ordinances would allow
officers to send the entire case to local court, where the Village prosecutor could present it 'in a
manner that would best serve the interests of the Village and the parties involved.
ADVANTAGES VERSUS DISADVANTAGES
The types of cases described in this memorandum occur frequently. The enactment of the proposed
ordinances would make the arrest, processing and prosecution of eligible offenders, both juveniles
and young adults, more efficient and eftbodye. Since the Village has more control of the prosecution
of cases in local court, and the burden of proof is less severe, the cases sent there should receive a
more complete and dwroto, review. Finally, since local court is more informal than State court, the
judge is more inclined to address defendants (and parents) directly, provide advice and direction, and
assess definitive penalties (fines).
The disadvantage of sending a case to local court instead of State court 'is the affest would not be
entered into State and FBI criminal history files. This disadvantage is somewhat lessened by the fact
the arrest woudd be entered into our local records system, which is shared by over 50 police agencies
and whose records are available to all law enforcement agencies. Further, since the cases we may
reroute to local court are the ones likely to receive a disposition in State court of court supervision,
which is the equivalent of a slow "not guilty" finding, any advantage to giving the defendant a State
and FBI criminal history file would be LAX". That is because past court supervision or "not guilty"
findings in a person's criminal history file generally cannot be used against the person in any future
criminal proceeding.
RECOMMENDATION
The Police Department recommends the enactment of the proposed ordinances. It is the
department's intention to charge individuals under these ordinances selectively and only With prior
supervisory approval. Clearly, the overwhelming majority of the theft and retail theft cases sent to
local court would be those minor offenses committed by first time, young adult offenders, or cases
invot'ving"juvenile offenders for which referral to the juvenile court system is not a preferable option.
The overri&pg objective in using these ordinances will be to send the case to the court in which it will
be reviewed and prosecuted most effectively.
r
CAF/
9/22/97
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 ENTITLED
"OFFENSES AND MISCELLANEOUS REGULATIONS"
OF THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SEPTIONONE:,, That Chapter 23 entitled "Offenses and Miscellaneous Regulations" of the Village
Code of Mount Prospect, as amended, is hereby further amended by adding thereto Article XXII
entitled 'Theft" and Article XXIII entitled "Retail Theft"; so that hereafter said Chapter 23 shall include
the following:
ARTICLE XXII
THEFT
See.
23.2201.
Definitions
Sec.
23.2202.
Theft
See.
23.2203.
Theft by Lessee; Prima Facie Evidence
Sec.
23.2204,
Theft of Lost or Mislaid Property
Sec.
23.2205.
Use of Property; Theft of Labor or Services
Sec.
23.2206.
Interest in Property
Sec,
23.2207.
Theft from Coin -Operated Machines
Sec.
23.2208.
Coin -Operated Machines; Possession of a Key or Device
Sec,
23.2209.
Penalty
See. 23.2201. Definitions.
As used in this Article, the following terms, phrases and/or definitions shall have the following
meanings:
DECEPTION 1. Create or confirm another's impression which is false and
which the offender does not believe to be true; or
2*1 Fail to correct a false impression which the offender
previously has created or confirmed; or
3. Prevent another from acquiring information pertinent to the
disposition of the property involved; or
4. Sell or otherwise transfer or encumber property, failing to
1
PROPERTY Anything of value. Property includes real estate, money,
commercial instruments, admission or transportation tickets,
tten instruments representing or embodying rights
concerning anything of value, labor, or services, or otherwise
ofvalue to the owner"- thingsgrowing on, afixed to, or, found
on land ora of or affixed to, any b,uilding, etectn'cit,y, gas and
water,-',-b11rds, ani'mals, and fiil
sh, which ordinarily are kept in a
state of confinement; ;food and brink; samples, cultures,
microorganisms, specimens, records, recording documents,
blueprints, drawings, maps, and whole or partial copies,
descriptions, photographs, compute programs or data,
to alis ,type, s or models, thereof or any other articles, maten"Alsi
2
disclose a lien, adverse claim, or other legal impediment to
the enjoyment of the property, whether such impediment is or
is not vatid,, or is not a matter or official record; or
5.
Promise performance which the offenderdoes notintend to
I , e, pt
perform or, know, Will' not be perfbtmned, Fa*lur to erforrn
standIn g, alone is not, evidence tha,t the offender did not 'intend
to perform.
OBTAIN 1.
In relation to property, to bring about, a transfer of interest or
4,
possession, whether to the offender or to another, and
2.
In relation to labor or services, to secure the performance
thereof.
OBTAINS OR EXERTS
Includes but is not limited to the taking, carrying away,
CONTROL
or the sale, conveyance, or transfer of title to, of interest in, or
possession of property.
OWNER
A person, other than the offender, who has possession of or
any other, interest,, in the property, involved, even though such
'interest or possession s unlawful,, and ""'thout, whose consent
i
the offender has no authority to exert control over the
property.
PERMANENTLY DEPRIVE 1.,
Defeat all recovery of the property by the owner; or
2.
Deprive the owner permanently of the beneficial use of the
property; or
3.
Retain the property with intent to restore it to the owner only
if the owner purchases or leases it back, or pays a reward or
other compensation for its return; or
4.
Sell, give, pledge, or otherwise transfer any interest in the
property or subject it to the claim of a person other than the
owner.
PROPERTY Anything of value. Property includes real estate, money,
commercial instruments, admission or transportation tickets,
tten instruments representing or embodying rights
concerning anything of value, labor, or services, or otherwise
ofvalue to the owner"- thingsgrowing on, afixed to, or, found
on land ora of or affixed to, any b,uilding, etectn'cit,y, gas and
water,-',-b11rds, ani'mals, and fiil
sh, which ordinarily are kept in a
state of confinement; ;food and brink; samples, cultures,
microorganisms, specimens, records, recording documents,
blueprints, drawings, maps, and whole or partial copies,
descriptions, photographs, compute programs or data,
to alis ,type, s or models, thereof or any other articles, maten"Alsi
2
devices, substances and whole or partial copies, descriptions,
photographs, prototypes, or models thereof which constitute,
represent, evidence, reflect or record a secret scientific,
technical, merchandising, production or management
information, design, process, procedure, formula, invention,
or improvement with a value of less than three hundred
dollars ($300.00).
THREAT A menace, however communicated, to:
IN Inflict physical harm on the person threatened or any other
person or property; or
2. Subject any person to physical confinement or restraint; or
3. Commit any criminal offense; or
4. Accuse any person of a criminal offense; or
5. Expose any person to hatred, contempt or ridicule; or
G. Harm the credit or business repute of any person; or
7. Reveal any information sought to be concealed by the person
threatened; or
8. Take action as an official against anyone or anything, or
withhold official action, or cause such action or withholding;
or
9. Bring about or continue to strike, boycott or other similar
collective action if the property is not demanded or received
for the benefit of the group which he purports to represent; or
10. Testify or provide information or withhold testimony or
information with respect to another's legal claim or defense;
or
11. Inflict any other harm which would not benefit the person
threatened.
STOLEN PROPERTY Property over which control has been obtained by theft.
VALUE The worth of property consisting of any commercial
instrument or any written instrument representing or
embodying rights concerning anything of value, labor, or
services or otherwise of value to the owner shall be:
The "market value" of such instrument if such instrument is
negotiable and has a market value; and
K
2. The"actual value" of such instrument if such instrument is not
negotlable or is otherwise Without a market v�alue. for the
purpose of establishing such "actual valuer" the interest of
any owner or owners entitled to part or all of the property
represented by such instrument, by reason of such
instrument, may be shown, even if another "owner" may be
named in the complaint, information or indictment.
See. 23.2202. `theft. A person commits theft when he/she knowingly:
A. obtains or exerts unauthorized control over property of the owner, or
B. Obtains by deception control over property of the owner; or
C. Obtains by threat control over property of the owner, or
D. Obtains control over stolen property knowing the property to have been stolen by another or
under such circumstances as would reasonably induce him to believe that the property was
stolen; and
I. Intends to deprive the owner permanently of the use or benefit of the property; or
2. Knowingly uses, conceals or abandons the property in such a manner as to deprive
the owner permanently of such use or benefit; or
3. Uses, conceals, or abandons the property knowing such use, concealment or
abandonment probably will deprive the owner permanently of such use or benefit.
Sec. 23.2203. Theft by Lessee: Prima Facie Evidence. It shall be prima facie
evidence that a person "knowingly obtains or exerts unauthorized control over
property of the owner" when a lessee of the personal property of another fails to return it to the
owner within thirty (30) days after written demand from the owner for its return. A notice in writing,
given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the
lessee at the address given by the lessee and shown on the leasing agreement shall constitute
proper demand.
Sec. 23..2204. Theft of Lost or Mislaid Property. A person who obtains control
over lost or mislaid property commits theft when the person:
A. Knows or Teams the identify of the owner or knows, or is aware of, or learns of a reasonable
method of identifying the owner; and
B. Fails to take reasonable measures to restore the property to the owner; and
C. Intends to deprive the owner permanently of the use or benefit of the property.
Sec. 23.2205. Use of Property: Theft of Labor or Services. A person commits
theft when the person obtains the t,emporary use of prbperty,, labor or services of
another which are available only fir hire, by means of threat or�ception or knowing that such use
is without the consent of the person providing the property, labor or services.
Sec. 23.2206. Interest in Property,
A. It is no defense to a charge of theft of property that the offender has an interest therein, when
the owner also has an interest to which the offender is not entitled.
B. Where the property involved is that of the offender's spouse, no prosecution for theft may be
maintained unless the parties were not living together as man and wife and were living in
separate abodes at the time of the alleged theft.
Sec. 23,2207. Theft from Coin -Operated Machines.
A. A person commits theft from a coin-operated machine when the person knowingly and
without authority and with intent to commit a theft from such machine, opens, breaks, into,
tampers with, or damages a coin-operated machine.
B. As used in this Section, the term "coin-operated machine" shall include any automatic
vending machine or any part thereof, parking meter, coin telephone, coin laundry machine,
coin dry cleaning machine, amusement machine, music machine, vending machine
dispensing goods or services, money changer.
Sec. 23.2208. Coin -Operated Machine: Possession of a Key or Device.
Whoever possesses a key, tool, instrument, explosive or device or a drawing, print or mold of a key,
tool, instrument, explosive or device designed to open, break into, tamper with or damage a coin-
operated machine as defined in paragraph B of Section 23.2207 of this Article, with intent to commit
a theft from such machine shall be guilty of this violation.
Sec. 23.2209. Penalty, Any Person who violates any provision of this Article shall
be subject to a fine of not less than two hundred dollars ($200.00) nor more than our
thousand dollars ($1,000.00).
ARTICLE XXIII
RETAIL THEFT
Sec. 23.2301. Definitions
Sec. 23.2302. Offense of Retail Theft
Sec. 23.2303. Presumptions
Sec. 23.2304. Detention
Sec. 23.2305. Affirmative Defense
Sec. 23.2306. Civil Liability
See. 23.2307. Penalty
As used in this Article, the following terms, phrases and/or definitions shall have the following
meanings:
CONCEAL Merchandise not visible through ordinary observation,
although there may be some notice of it presence.
9
DECEPTION
FULL RETAIL VALUE
Create or confirm another's impression which is false and
which the offender does not believe to be true; or
2. Fail to correct a false impression which the offender
previously has created or confirmed; or
3. Prevent another from acquiring information pertinent to the
disposition of the property involved; or
4. Sell or otherwise transfer or encumber property, failing to
disclose a lien, adverse claim, or other legal impediment to
the enjoyment of the property, whether such impediment is or
is not valid, or is not a matter or official record; or
5. Promise performance which the offender does not intend to
perform or know will not be performed. Failure to perform
"
standing alone is not evidence that the, offender ,id notintend
to perform.
The merchant's stated or advertised price of the
merchandise.
MERCHANDISE Any item or tangible personal property.
MERCHANT An owner or operator of any retail mercantile establishment or
any agent, employee, lessee, consignee, officer, director,
franchisee or independent contractor of such owner or
operator.
MINOR A person who is less than eighteen (18) years, of age, is
unern,ancipated and resides with his parents or legal
guardian.
OBTAIN 1 In relation to property, to bring about a transfer of interest or
possession, whether to the offender or to another, and
2. In relation to labor or services, to secure the performance
thereof.
OBTAINS OR EXERTS Includes but is not limited to the taking, carrying away,
CONTROL or the sale, conveyance, or transfer of title to, of interest in, or
possession of property.
OWNER A person, otherthan the offender,, who has possession ot or
any other''interest inthe, property 'Involved,, eventhough such
interest or possession 'I's u nlawfuland Witho ut, whose 0, onsent
the offender has no, authority to exert control over, the
property.
PERMANENTLY DEPRIVE 1. Defeat all recovery of the property by the owner, or
1*1
2. Deprive the owner permanently of the beneficial use of the
property; or
3. Retain the property with intent to restore it to the owner only
if the owner purchases or leases it back, or pays a reward or
other compensation for its return; or
4. Sell, give, pledge, or otherwise transfer any interest in the
property or subject it to the claim of a person other than the
owner.
PEACE OFFICER As ascribed in 720 ILCS 5/2-13 of the Illinois Compiled
Statutes.
PERSON Any natural person or individual.
PREMISES OF A RETAIL Including, but not limited to, the retail mercantile
MERCANTILE establishment; any common use areas in shopping
ESTABLISHMENT centers and all parking areas set aside by a merchant or on
behalf of a merchant for the parking of vehicles for the
convenience of the patrons of such retail mercantile
establishment.
PROPERTY Anything of value. Property includes real estate, money,
commercial instruments, admission or transportation tickets,
written instruments representing or embodying rights
concerning anything of value, labor, or services, or otherwise
of value to the owner; things growing on, affixed to, or found
on land or part of or affixed to any building, electricity, gas and
water, birds, animals and fish, which ordinarily are kept in a
state of confinement; ;food and brink; samples, cultures,
microorganisms, specimens, records, recording documents,
blueprints, drawings, maps, and whole or partial copies,
descriptions, photographs, compute programs or data,
prototypes or models thereof or any other articles, materials,
devices, substances and whole or partial copies, descriptions,
photographs, prototypes, or models thereof which constitute,
represent, evidence, reflect or record a secret scientific,
technical, merchandising, production or management
information, design, process, procedure, formula, invention,
or improvement with a value of less than three hundred
dollars ($300.0►).
RETAIL MERCANTILE Any place where merchandise is displayed, held, stored
ESTABLISHMENT or offered for sale to the public.
SHOPPING CART Those push carts of the type or types which are commonly
provided by grocery stores, drug stores or other retail
mercantile establishments for the use of the public in
transporting commodities in stores and markets and,
h
incidentally, from the stores to a place outside the store.
THREAT A menace, however communicated, to:
1 Inflict physical harm the person threatened or any other
person or property; or
2. Subject any person to physical confinement or restraint; or
3. Commit any criminal offense; or
4. Accuse any person of a criminal offense; or
5. Expose any person to hatred, contempt or ridicule; or
6. Harm the credit or business repute of any person; or
7. Reveal any information sought to be concealed by the person
threatened; or
8. Take action as an official against anyone or anything, or
withhold official action, or cause such action or withholding;
or
9. Bring about or continue to strike, boycott or other similar
collective action if the property is not demanded or received
for the benefit of the group which he purports to represent; or
10. Testify or provide information or withhold testimony or
information with respect to another's legal claim or defense;
or
11 Inflict any other harm which would not benefit the person
threatened.
STOLEN PROPERTY Property over which control has been obtained by theft.
UNDER RING To cause the cash register or other sales recording device to
reflect less than the full retail value of the merchandise.
VALUE The worth of property consisting of any commercial
instrument or any written instrument representing or
embodying rights concerning anything of value, labor, or
services or otherwise of value to the owner shall be:
The "market value" of such instrument if such instrument is
negotiable and has a market value; and
2. The "actual value" of such instrument if such instrument is not
negotiable or is otherwise without a market value. for the
INS
purpose of establishing such "actual value," the interest of
any owner or owners entitled to part or all of the property
represented by such instrument, by reason of such
instrument, may be shown, even if another "owner" may be
named in the complaint, information or indictment.
Sec. 23.2302. Offense of Retail Theft. A person commits the offense of retail theft
when he or she knowingly:
A. Takes possession of, carries away, transfers or causes to be carried away or transferred, any
merchandise displayed, held, stored or offered for sale in a retail mercantile establishment
with the intention of retaining such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of such merchandise without paying
the full retail value of such merchandise; or
B. Alters, transfers, or removes any label, price tag, marking, indicia of value or any other
markings which aid in determining value affixed to any merchandise displayed, held, stored
or offered for sale, in a retail mercantile establishment and attempts to purchase such
merchandise personally or in consort with another at less than the full retail value with the
intention of depriving the merchant of the full retail value of such merchandise; or
C. Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile
establishment from the container in or on which such merchandise is displayed to any other
container with the intention of depriving the merchant of the full retail value of such
merchandise.
D. Under rings with the intention of depriving the merchant of the full retail value of t h e
merchandise.
Sec. 23.2303. Presumptions. A person shall be presumed to have possessed,
carried away or transferred merchandise with the intention of retaining it or with the
intention of depriving the merchant permanently of the possession, use or benefit of such
merchandise of such merchandise without paying the full retail value of such merchandise, if the
person does the following:
A. removes upon his or her person or among his or her belongings, unpurchased merchandise
displayed, held, stored or offered for sale in a retail mercantile establishment; and
B. removes that merchandise beyond the last known station for receiving payment for that
merchandise in that retail mercantile establishment.
See. 23.2304. Detention. Any merchant who has reasonable grounds to believe
that a person has committed retail theft may detain such person, on or off the
premises of a retail mercantile establishment , but only if such detention is pursuant to an immediate
apprehension or pursuit of such person.
Sec. 23.2305. Affirmative Defense. A detention as permitted in this Article does
not constitute an arrest or an unlawful restraint, as defined in 720 ILCS 5/10-3, nor
shall it render the merchant liable to the person so detained.
0
Sec. 23.2306. Civil Liability. The parents,or legalguardlan of a minor Who commits
the offense of retail theft as, he"rein defined shall be civilly liable for the full retail value
or cost of repair or cost of replacement of the merchandise and actual
damages not to exceed the limitations provided by the Parental Responsibility Law, (740 ILLS
115/5). A conviction or plea of guilty of the retail theft is not a prerequisite to the bringing of a civil
suit hereunder. Recovery under this Section may be had in addition to and is not limited by any other
provision of law which limits the liability of a parent or legal guardian for tortious conduct of a minor.
Sec. 23.2307, Penalty. Any Person who violates any provision of this Article
shall be subject to a fine of not less than two hundred dollars ($200.00) nor more than
our thousand dollars ($1,0 00.00). "
SECTION T # That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in the manner provided by law.
AYES:
ABSENT:
PASSED and APPROVED this day of 199-8.
ATTEST:
... WIN
Carol A. Fields
Village Clerk
X:\USERS\CAROLF\WIN\ORDINANC\THEFT-23
Gerald L. Farley
Village President
M