IGA County of DuPage & Sheriff's Dept. Re: Sex Offender Commnity Notification 08-13-1996 ORDINANCE 96-AG-EXI-S-852
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF OAK BROOK,
THE COUNTY OF DU PAGE, AND THE DU PAGE COUNTY SHERIFF'S DEPARTMENT
RELATIVE TO SEX OFFENDER COMMUNITY NOTIFICATION
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970
and 5 ILLS 220/1, et sec . authorized units of local government to contract or
otherwise associate among themselves to obtain or share services, to exercise,
combine or transfer any power or function, in any manner not prohibited by
law, to use their credit revenues and other reserves to pay costs and to
service debt related to intergovernmental activities; and
WHEREAS, Article 1 of Public Act 89-428, the Child Sex Offender and
Murderer Community Notification Law, mandates that a law enforcement agency
shall disclose the name, offense or adjudication of all child sex offenders or
child murderers within its jurisdiction to all entities named by the Illinois
State Police; and
WHEREAS, the Village President and Board of Trustees find and hereby
declare that it is in the best interests of the Village and its residents to
have the DuPage County Sheriff's Office provide the mandatory Child Sex
Offender Community Notification as required by statute on behalf of the
Village, as set forth in the Intergovernmental Agreement attached hereto as
Exhibit 1 and made a part hereof;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: The Village President and Board of Trustees hereby approve
the Intergovernmental Agreement attached hereto as Exhibit 1, and the Village
President and Village Clerk shall be and are hereby authorized and directed to
execute said agreement in substantially the form attached hereto.
Section 3: Any policy, resolution or ordinance of the Village of Oak
Brook which conflicts with the provisions of this ordinance shall be and is
hereby repealed to the extent of such conflict.
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 13th day of August 1996.
Ayes: Trustees Bartecki, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: Trustee Kenn
Abstain: None
Ordinance 96-AG-EXI-S-852
Intergovernmental Agreement Relative
to Sex Offender Community
Notification, Page 2
APPROVED THIS 13th day of August 1996.
t�'y:y Vi lage President
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�.,.V— a. Clerk
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illage Attorney
Published
Date Paper
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF OAK BROOK,
THE COUNTY OF DU PAGE AND THE DU PAGE COUNTY SHERIFFS DEPARTMENT
This Agreement is made and entered into this 13th day of August, 1996, between the
Village of Oak Brook,a unit of local govemmentand the County of DuPageand the DuPage County
Sheriffs Department.
WHEREAS,the Constitution of the State of Illinois, 1970,Article VII, Section 10, authorizes
units of local govemmentto contract among themselves so as to exercise,combine,or transferany
power or function in any manner not prohibited by law or by ordinance;and
WHEREAS,the I ntergovem mental Cooperation Act, 5 ILCS 220/1,at am,provides that any
power of authority exercised or which may be exercised by a unit of local government may be
exercised jointly with any other unit of local government;and
WHEREAS,Article 1 of Public Act 89-428,the Child Sex Offender and Murderer Community
Notification Law, mandates that a law enforcement agency is to disclose the name, address,
offense or adjudication of all child sex offenders or child murderers within its jurisdiction to all
entities named by the Illinois State Police; and
WHEREAS,the parties have agreed that the DuPage County Sheriffs office shall provide the
mandatory Child Sex Offender f Oak Brook Police uDepartment according to all he terms and conditions
on behalf of the Village o
as hereinafter set forth.
NOW,THEREFORE, based upon the above premises, the parties hereby agree as follows:
1. it is expressly agreed upon and understood by the parties that the DuPage County
Sheriffs Department will undertake for Village of Oak Brook Police Department the mandatory
notification of registered child sex offenders and child murderers as required by Section 120(a)of
the Child Sex Offender and Child Murderer Community Notification Act. It is and will remain the
sole responsibility of Village of Oak Brook Police Department to register all child sex offenders and
child murderers residing within their jurisdiction;to make any discretionary community notification
as allowed under Section 120(b); and to provide public access to child sex offender and child
murderer information as provided in Section 120(c) of the Act.
2. A copy of the Law Enforcement Agency Policy regarding Child Sex Offender and Child
Murderer Community Notification of Village of Oak Brook Police Department shall be submitted to
the DuPage County Sheriffs Department upon the execution of this Agreement. If any changes
or amendments are made to the Policy, Department.he change or amendment shall be promptly
tendered to the DuPage County S P
3. The Village of Oak Brook Police Department has designated Margaret Whoriskey
as their point of contact for purposes of the Child Sex Offender and Child Murderer Community
Notification Law. If at any time there is a change regarding the identity of the above designated
Point of Contact, the Village of Oak Brook Police Department agrees to immediately notify the
DuPage County Sheriffs Department.
4. That Section 120(a)of the Child Sex Offender and Child Murderer Community Notification
provides that mandatory notification or registered child sex offenders and child murderers be given
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by the law enforcement agency during the first two weeks of February,May,August and November
of each year. Accordingly, the Village of Oak Brook Police Department agrees to provide to the
Records Supervisor of the DuPage County Sheriffs Department with the name, address and the
offense or adjudication of all child sex offenders who have registered with their law enforcement
agency on or before January 1, April 1,July 1,and October 1, respectively. If the law enforcement
agency fails to provide this information by these dates, the DuPage County Sheriffs Department
will not undertake nor be responsible for any mandatory community notification as required by the
Act. If the law enforcement agency fails to provide the requisite information to the DuPage County
Sheriffs Department by the aforesaid dates, the Sheriffs Department will so notify the law
enforcement agency in writing and it shall thereafter be the sole responsibility of Village of Oak
Brook Police Department to provide the mandatory notification of registered offenders within their
jurisdiction.
5. The Records Supervisor of DuPage County Sheriffs Department may determine the form
by which the offender information is to be provided to the Sheriffs Department, whether it be by
electronic communication via LEADS,written communication or otherwise.
6. Upon receipt of the offender information from the respective law enforcement agency,the
DuPage County Sheriffs Department shall prepare,in draft,the notification letter which will be sent
to all entities named by the Department of State Police who are designated to receive mandatory
notification. This draft shall be submitted to Village of Oak Brook Police Department for review at
least fourteen (14) days prior to the scheduled notification period. The law enforcement agency
shall review this draft and advise the Sheriff's Department of any additions,corrections or deletions.
7. The notification letter which will be utilized by the DuPage County Sheriff's Department
shall be in the form as set forth in Exhibit"A"which is attached hereto and incorporated herein by
reference.
8. The DuPage County Sheriffs Department agrees to provide notification to those entities
named by the Department of State Police which are located within DuPage County. To the extent
that mandatory notification is required to be given to those entities outside the County of DuPage
on account of the fact that the jurisdiction of the law enforcement agency extends beyond the
territorial limits of DuPage County, it shall remain the obligation of the law enforcement agency to
so notify them.
9. The Village of Oak Brook agrees,to the fullest extent provided by law,to defend,indemnify
and hold harmless the County of DuPage, the DuPage County Sheriff and any of its agents and
employees, including legal fees and expenses,against any and all claims of third persons arising
in whole or in substantial part for all matters relating to this Agreement and mandatory community
notification. Upon receipt of any claim against it, the County of DuPage,and the DuPage County
Sheriff shall promptly notify the Village of Oak Brook and thereafter cooperate with the defense of
any and all claims.
10. Either party may terminate this Agreement upon thirty (30) days written notification.
Further,the DuPage County Sheriff may terminate this Agreement at any time for the failure of the
law enforcement agency to timely provide it with the offender information as provided in paragraph
4.
11. This Agreement shall be effective upon the signature of the duty authorized
representative of the parties. The Agreement may be modified upon the written request and
agreement of the parties.
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VILLAGE OF OAK BROOK
By:
-vTa-ren M. Bushy, ilia President px'
fhd&K: Gonnefla,Village Clerk
COUNTY OF DU PAGE
By.
G y1d M. Fr e , C airman
Du age County l3c1ird
Attest:
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EMBIT °A"
Form Letter/Mandatory Notification
TO: All mandated agencies for notification. (All schools,
licensed child care facilities and the Illinois Department of
Children & Family Services located within the county - List of
schools, and licensed child care facilities as provided by the
ISP. )
FROM: Richard P. Doria, Sheriff of DuPage County for himself on
behalf of the following law enforcement agencies:
The attached list represents the required mandatory notification
for sex offenders and child murderers registered in the office of
the following law enforcement agencies. Notification may be
received by you from other Law Enforcement Agencies within DuPage
County.
Should you have any questions regarding this notification, please
contact the Records Division Supervisor at the DuPage County
Sheriff ' s Office at 708/682-7250.
Please save this list for future reference. You will receive
further notifications during the first two weeks of February,
May, August and November of each year.
Respectfully submitted,
Richard P. Doria
Sheriff of DuPage County
Sex Offenders Registered with the DuPage County Sheriff' s Office
Name
Address
Offense
etc.
Sex Offenders Registered with
Name
Address
Offense
etc.
EXHIBIT "A"