Boards & Commissions Supporting Documents - 09/14/2010 - Board of Trustees (5)ITEM IO.F.I
�Y'',y��y�.T �1 �,.y..,,��r ?�s � .,,,t: � t .i 4 *a �4 'S a� %, .✓E " ".,:i
AGENDA ITEM
Regular Board of Trustees Meeting
of
SEPTEMBER 14, 2010
SUBJECT: EXPANSION OF ADJUDICATION HEARIN
FROM: THOMAS SHEAHAN, CHIEF OF POLICE
BUDGET SOURCE/BUDGET IMPACT: $40,000 ESTIMATED ADDITIONAL REVENUE
RECOMMENDED MOTION: I MOVE THAT THE VILLAGE BOARD APPROVE
THE EXPANSION OF THE ADJUDICATION HEARING PROGRAM TO INCLUDE
THE FOLLOWING OFFENSES.
Background/History:
The Village Board has already approved a $500.00 fee for towed vehicles relating to:
• DUI Alcohol / Intoxicating compounds
• Driving While License Suspended / Revoked
• No Valid License
• Active Warrant FTA for SWLS, DWLR, DUI
• Soliciting, possessing, attempt to solicit cannabis or control substance
• Vehicle used in commission or attempted commission of felony offense
relating to cannabis or controlled substance.
• $75,000 was budged for these revenues this year. $48,000 has been received through
August.
I would like your consideration for local ordinance retail theft and possession of alcohol by a
minor cases be added into the Administrative Adjudication Process. I would also like to include
the following list of offenses be added to the current list of offenses relating to the issuance of
the tow bond; any arrests relating to a form of theft, any form of sex offenses, indecent exposure,
any form of violent crimes, any form of weapon offenses. During 2009 the Oak Brook Police
Department made nine arrests for these types of offenses where the offender's vehicle was
Last saved by Default I:IPOLICETWHORISKMORDWgenda ItemsWdmin Adjucation Expansion -09- 09- 10.doc
I act n6WM 9/102(110 225 PM
towed. A total of $4,500.00 could have been generated for the Village if the tow bond was
administered for these offenses.
Below is an example of the current break down of fines relating to local ordinance retail theft
and possession of alcohol by minor charges that are being adjudicated in the Addison Field Court
House compared to if Oak Brook were Adjudicating these cases.
When a local ordinance court case is brought in front of a Judge at the DuPage County Field
Court in Addison the fine can be up to $750.00. The amount of the fine is determined on a case
by case basis and is set by the Judge. According to the DuPage County Clerks office the fines
and fees pay schedule for local ordinance offenses is different on every case and charge. The pay
out to Municipalities is based on a percentage of the fines and fees which is approximately 40%
and is not paid out until the money is received from the defendant. The fines and fees are split
between the State of Illinois, DuPage County, and the Municipality. When a case is on the
docket at Addison Field Court for a local ordinance case, the Officer's involved in the arrest
must attend the court call. If the Officers are not on duty at the time they receive either 4 hours
pay at straight time or time and one half for all hours actually spent making the court appearance,
whichever is more. If the Officer is on duty and required to attend court, the minimum manpower
requirements must be met so the Village may have to pay overtime to an officer to fill the
position. When a local ordinance arrest is made by an officer, the processing can be handled by
(1) officer and can take up to (1) hour depending on the crime.
An example of what a Municipality would approximately receive in fines and fees for a local
ordinance retail theft charge would be as follows. If a defendant was found guilty of a local
ordinance retail theft charge and the Judge set the fines and fees at $300.00, then the
Municipality would receive approximately $120.00 for this case after the defendant has paid.
During 2009 the Oak Brook Police Department made' 136 arrests for local ordinance retail theft
and possession of alcohol by a minor. Approximately $68,000.00 in fines were assessed. If the
defendant paid the fine the Village of Oak Brook would have received approximately
$16,320.
If Oak Brook Adjudicated the local ordinance retail theft they would not have to split the fines
with the State of Illinois and DuPage County.
If a local ordinance case were to be brought in front of a Hearing Officer at the Oak Brook
Administrative Adjudication Hearing the fine can be up to $750.00. I recommend that the
average fine for a local ordinance charge be $500.00. Officers will not be required to attend the
hearings. The witness / victim will appear and testify to what occurred.
If the Oak Brook Police Department were to expand the Administrative Adjudication Program in
these areas the fees would be increased in the following areas.
The Hearing Officer could conduct the local ordinance hearings on the same hearing
dates as the current Tow Program cases. The Village would have to pay for the
Wt saved by Default 1APOLICETWHORISKMORMAgenda Items\Admin Adjucation Expansion- 09 -09- 1 0.doc
I ..- ._.:....a onnmmno as one
The Village Prosecutors Office would be needed to prosecute the cases. The village
would have to pay for the additional time of the Prosecutor at $185.00 per hour. It will
take approximately 2 extra hours per month.
The amount of work hours the PTE Administrative Adjudication Clerk works would
need to be increased from 12 hours per week to 19 hours per week. This would be an
additional $105.00 in salary per week.
We have the ability to use the current MSI programs for the expansion of the Administrative
Adjudication Hearings with no additional fees paid out.
Revenues / Expenses Relating to the Administrative Adjudication
Hearing Expansion
RF.W..MT.0
Additional Revenues
Expansion - tow bond offenses
$4,500.00 (Based on
hours per month
2009 cases
Additional Revenues
Expansion — local ordinance retail
$68,000.00 (Based on
theft/ possession of alcohol by minor
2009 cases
Total Additional
PTE Clerk Salary/FICA (28
$72,500 (Based on
Revenues
Subject to what we estimated in 2009
2009 cases)
Lost Revenues
Through DuPage County Court system
$16,320
Total 2010
$56,180
Revenues
EXPENSES
Additional Expenses
Hearing Officer (2 additional
$4,400.00 (1 year)
hours per month
Additional Expenses
Prosecutor (2 additional
$4,400.00 (1 year)
hours per month
Additional Expenses
PTE Clerk Salary/FICA (28
$5,845.00 (1 year)
additional hours per month
Total Additional
$14,645.00 (1 year)
Ex enses
Approximate additional revenue generated $41,535.00
based on historical data (minus expenses)
Recommendation:
That the Village Board approve the expansion of the Administration Adjudication Hearing
Program to include the above additional offenses.
Last saved by Default LTOLICETWHORISMWORMAgmda ItemsVtdmin Adjucation Expansion- 09- 09- 10.doc