R-1803 - 05/28/2019 - IGA - Resolutions Supporting DocumentsITEM 8.C.1
BOARD OF TRUSTEES MEETING
VILLAGE or SAMUEL E. DEAN BOARD ROOM
OAK B R92. K , BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 28, 2019
SUBJECT: Resolution to Approve an Intergovernmental Police Service Assistance
Agreement for Metropolitan Emergency Response and Investigative Team
(MERIT)
FROM: James R. Kruger Jr., Chief of Police Al
BUDGET SOURCE/BUDGET IMPACT: Budget Neutral
RECOMMENDED MOTION: I move that the Village Board approve Resolution 2019-
PD-MERIT-IGA-R-1803 to authorize the Village President to sign and the Village Clerk
to attest to an agreement between the Village of Oak Brook and the Metropolitan
Emergency Response and Investigative Team.
Background/History:
In order to share resources and reduce costs, the Felony Investigate Assistance Team
(FIAT) was established, via an initial Intergovernmental Police Service Agreement (IDSA)
in 1976. The Village of Oak Brook joined FIAT in 1996 and last executed a successor
IPSA with FIAT in 2017. FIAT is a law enforcement task force specializing in major crime
investigations, computer forensics, major crash reconstructions, police service dogs, and
Special Weapons and Tactics (SWAT) response. Support in these specialty areas is shared
by personnel on a part-time basis from FIAT member agencies. While FIAT was put in
place, the DuPage County Major Crimes Taskforce was also set up in other parts of the
county. There had been discussions over the ensuing thirty years to attempt to combine
these two agencies with similar but different charters with no movement. Some of it
territorial and some of it philosophical.
A discussion began in 2017 with the DuPage County Chiefs of Police Association, the
DuPage County States Attorney, the DuPage Sheriff, and the DuPage County Major
Crimes Task Force to potentially consolidate resources between FIAT, MCTF and the
Sheriff. These resources would include investigate assets, major crash investigations,
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canine response, and especially forming a new Public Integrity Task Force. There was a
combined desire to end the duplication of services and also assist the States Attorney's
Office with having one countywide investigative body for both major crimes and new
independent investigative legal requirements for public integrity cases. This major
undertaking would place DuPage County, again, as a leader in innovation and provide
every community and resident in DuPage County with the best police services possible.
After lengthy discussions, this IPSA along with the accompanying bylaws was developed
and vetted by village attorneys and the States Attorney. Our own Village Attorney played
a large role in developing this agreement. The DuPage County law enforcement
community is extremely proud to bring this forward to our respective governmental bodies
for approval and to begin services this summer.
This indemnification language will protect MERIT as an organization from being sued
independently. MERIT exists only as an extension of the member agencies through the
IPSA and does not carry independent liability insurance or function as an independent
organization. Adding the indemnification language clarifies that a member agency
requesting shared resource response is responsible for indemnifying MERIT and the other
agencies that contribute resources just as the former FIAT IPSA did.
The Oak Brook Police Department will have a strong participation level in all of the
MERIT components as we have had in FIAT. The annual fee for MERIT will be the same
as FIAT, $3,500 and MCTF, $500 combined so as be budget neutral. Both former
organizations will transfer all assets to the new entity.
Recommendation:
Staff recommends that the Village Board authorize the Village President to approve
Resolution R-1803 and authorize the Village Manager to execute the Intergovernmental
Police Service Assistance Agreement between the Village of Oak Brook and Metropolitan
Emergency Response and Investigative Team.
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MERIT IPSA 5/1/19
RESOLUTION NO.2019-PD-MERIT-IGA-R-1803
A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
POLICE SERVICE ASSISTANCE AGREEMENT TO JOIN THE DUPAGE
METROPOLITAN EMERGENCY RESPONSE AND INVESTIGATION TEAM (MERIT)
WHEREAS, the Village of Oak Brook, DuPage and Cook Counties, of the State of
Illinois is a duly constituted public agency of the State of Illinois, and;
WHEREAS, the Village of Oak Brook, as a public agency of the State of Illinois, is
authorized and empowered by the Constitution of the State of Illinois (Ill. Const. Art. VII, § 10)
and the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) to enter into
intergovernmental agreements with other public agencies on matters of mutual concern and
interest such as the provision of adequate law enforcement personnel and resources for the
protection of residents and property falling within the jurisdiction of the Village of Oak Brook,
and;
WHEREAS, the Village of Oak Brook recognizes that certain natural or man-made
occurrences may result in emergencies or disasters that exceed the resources, equipment and/or
law enforcement personnel of a single given public agency, and;
WHEREAS, a given public agency can, by entering into an Intergovernmental Police
Service Assistance Agreement for law enforcement services and resources, effectively provide a
broader range and more plentiful amount of law enforcement capability for the citizenry which it
serves, and;
WHEREAS, in order to have an effective Intergovernmental Police Service Assistance
Agreement for law enforcement resources and services, the Village of Oak Brook recognizes it
must be prepared to come to the aid of other public agencies in their respective times of need due
to emergencies or disasters, and;
WHEREAS, the Village of Oak Brook recognizes the need to develop an effective
Intergovernmental Police Service Assistance Agreement for law enforcement services and
resources upon which it may call upon in its time of need and is prepared to enter into an
Intergovernmental Police Service Assistance Agreement for law enforcement services and
resources with other like-minded public agencies, and;
WHEREAS, the Village of Oak Brook also recognizes the need for the existence of a
public agency, formed by an Intergovernmental Police Service Assistance Agreement between two
or more public agencies, which can serve to coordinate and facilitate the provision of law
enforcement mutual aid between signatory public agencies to an Intergovernmental Police Service
Assistance Agreement for law enforcement services and resources, and;
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WHEREAS, the Village of Oak Brook has been provided with a certain
"Intergovernmental Police Service Assistance Agreement" which has been reviewed by the elected
officials of the Village of Oak Brook, and which other public agencies in the County of DuPage,
State of Illinois are prepared to execute, in conjunction with the Village of Oak Brook, in order to
provide and receive law enforcement mutual aid services, as set forth in the "Intergovernmental
Police Service Assistance Agreement," and;
WHEREAS, it is the anticipation and intention of the Village of Oak Brook that this
"Intergovernmental Police Service Assistance Agreement" will be executed in counterparts as
other public agencies choose to enter into the "Intergovernmental Police Service Assistance
Agreement" and strengthen the number of signatory public agencies and resources available from
those public agencies, and;
WHEREAS, it is the anticipation and intent of the Village of Oak Brook that the
"Intergovernmental Police Service Assistance Agreement" will continue to garner support and
acceptance from other currently unidentified public agencies who will enter into the
"Intergovernmental Police Service Assistance Agreement" over time, and be considered as if all
signatory public agencies to the "Intergovernmental Police Service Assistance Agreement" had
executed the "Intergovernmental Police Service Assistance Agreement" at the same time,
NOW THEREFORE, be it resolved by the Village President and Board of Trustees of the
Village of Oak Brook, Counties of DuPage and Cook, State of Illinois, as follows:
SECTION 1: This Resolution shall be known as, and may hereafter be referred to as, the
Resolution Authorizing the Execution of an Intergovernmental Police Service Assistance
Agreement and the Existence and Formation of the DuPage Metropolitan Emergency Response
and Investigation Team (MERIT) by Intergovernmental Cooperation.
SECTION 2: The Resolution Authorizing the Execution of an Intergovernmental Police
Service Assistance agreement and the Existence and Formation of the DuPage Metropolitan
Emergency Response and Investigation Team (MERIT) by Intergovernmental Cooperation shall
be, and hereby is, enacted as follows:
a. Authorization to enter into a Certain Agreement. The Village Manager of the Village of
Oak Brook is hereby authorized to sign, execute, and deliver the agreement known as the
"Intergovernmental Police Service Assistance Agreement," and thereby enter into an
intergovernmental agreement with such other public agencies of the County of DuPage,
State of Illinois as are likewise willing to enter into said "Intergovernmental Police Service
Assistance Agreement," and recognize the existence and formation of the DuPage
Metropolitan Emergency Response and Investigation Team, as set forth in the
"Intergovernmental Police Service Assistance Agreement."
b. Effective Date. This Resolution shall be in full force and effect from and after its passage,
approval and publication as provided by law.
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Repeal. All resolutions or ordinances in conflict with this Resolution are hereby repealed
insofar as they are in conflict with this Resolution.
FURTHER, be it resolved that this resolution shall be entered upon the journals of
the Board of Trustees of the Village of Oak Brook.
Passed and approved this 28th day of May, 2019.
Cepal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk
VOTES:
AYES: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
NAYS:
ABSENT:
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METROPOLITAIN EMERGENCY RESPONSE & INVESTIGATION
TEAM (MERIT) OF DUPAGE COUNTY
INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT
Recitals
This Intergovernmental Police Service Assistance (IPSA) Agreement is executed, in
multiple counterparts, by the public agency shown upon last page hereof on the date that is set
forth on the last page of this (IPSA) for the uses and purposes set forth herein.
Whereas, the undersigned public agency of the state of Illinois does hereby declare that it is in the
best interest of the signatory public agency to make provision for law enforcement mutual aid in
the event the undersigned public agency should need law enforcement mutual aid, and;
Whereas, the undersigned public agency of the State of Illinois recognizes that law
enforcement mutual aid is most effective if those public agencies who could potentially benefit
from law enforcement mutual aid are willing to provide law enforcement mutual aid to other public
agencies who are willing to enter into a mutual aid agreement such as this Intergovernmental Police
Service Assistance (IPSA) Agreement, and;
Whereas, in the State of Illinois, there exist constitutional and statutory provisions enabling
and supporting the formation of intergovernmental agreements on matters such as law enforcement
mutual aid, to wit, the Constitution of the State of Illinois (Ill. Const. Art. VII, § 10), the Illinois
Intergovernmental Cooperation Act (5 ILCS 2020/1 et seq.), the Local Governmental and
Governmental Employees Tort Immunity Act (745 ILCS 10/7-101 et seq.) and the Illinois
Municipal Code (65 ILCS 5/11-1-2.1), and;
Whereas, in order to have an effective law enforcement mutual aid system, it is reasonable
and desirable to have a third party entity that can support, centralize, coordinate and organize the
provision of law enforcement mutual aid by and among signatory public agencies to the
Intergovernmental Police Service Assistance (IPSA) Agreement, and;
Whereas, this IPSA is made in recognition of the fact that natural or man-made occurrences
may result in emergencies or disasters that exceed the resources, equipment and/or law
enforcement personnel of a given public agency; each public agency which signs a copy of this
IPSA intends to aid and assist the other participating public agencies during an emergency or
disaster by temporarily assigning some of the responding public agencies resources, equipment
and/or law enforcement personnel to the requesting public agency as circumstances permit and in
accordance with the terms of this IPSA; the specific intent of this IPSA being to safeguard the
lives, persons and property of citizens of the County of DuPage and the State of Illinois during an
emergency, law enforcement need, or disaster by enabling other public agencies to provide
additional resources, equipment and/or law enforcement personnel as needed and;
Whereas, the establishment of MERIT, as described below, eliminates the need for and
will combine existing IPSA organizations, FIAT and the MCTF under MERIT'S authority
enhancing intergovernmental law enforcement capacity and communication while further
promoting efficient operational structure to enhance positive public safety outcomes for the
citizens of its members in a cost effective manner.
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METROPOLITAIN EMERGENCY RESPONSE & INVESTIGATION
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Whereas all units of local government signing this Agreement shall be referred to herein
as Participating Agencies.
Now, therefore, the undersigned public agency does hereby enter into this IPSA with each
and every other public agency which signs a counterpart copy of this IDSA and agrees and contracts
as follows:
Section 1. Incorporation of Recitals.
The foregoing Recitals are incorporated herein and shall constitute material elements of
this IPSA Agreement.
Section 2. Purpose.
Participating Agencies recognize that in certain situations the lawful use of law
enforcement personnel and equipment to perform law enforcement duties outside of the
territorial limits or jurisdiction of that unit of local government is desirable and reasonable
in order to promote the preservation and protection of the health, safety and welfare of the
public.
Section 3. Power and Authority.
A. Rendering and Requesting Aid. Each Participating Agency agrees that all other
Participating Agencies and their employees rendering aid or assistance under this
agreement shall be vested with the same jurisdictional powers and authority as the
Participating Agency and its employees to which they are rendering aid or assistance, even
should that unit of local government's boundaries extend beyond the geographic
boundaries of DuPage County. Each "Participating Agency" approving this IPSA
Agreement) agrees to render and request mutual law enforcement personnel, equipment,
resources and facilities ("Resources") to and from other Participating Agencies to the
extent such Resources not required for adequate protection of the Participating Agency.
The discretionary judgment of each Participating Agency, by its police chief, director of
public safety or his/her designee, as to the amount of its resources available to render aid
shall be final.
B. Command and Employment. Law enforcement personnel of a Participating
Agency commanded by their superior authority to perform duties under this IPSA
Agreement within the jurisdiction of a requesting Participating Agency shall be under the
direction and authority of the chief law enforcement officer, or his or her designee, of the
requesting Participating Agency. However, at all times such law enforcement personnel
from a responding Participating Agency shall remain employees of the responding
Participating Agency and such Agency shall be solely responsible for all compensation,
benefits, and insurance coverages owed such employees.
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METROPOLITAIN EMERGENCY RESPONSE & INVESTIGATION
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C. Reimbursement. Except as otherwise agreed to in writing between a requesting and
responding Participating Agency, all Resources provided under this IPSA Agreement shall
be provided without reimbursement to the responding Participating Agency from the
requesting Participating Agency.
D. Withdrawal or Termination: Any Participating Agency may withdraw or terminate
its participation in this Agreement upon sixty (60) day written notice to The MERIT
board's chairperson. All annual fees payable to MERIT shall be paid prior to the effective
date of withdrawal or termination and shall not be refunded or prorated: the obligation
being annual regardless of the date of withdrawal or termination.
E. MERIT Member Termination. The chairperson may terminate a Participating
Members membership in Merit upon 60 days written notice to the Participating Member
of its failure or refusal to pay its annual fees. If a Participating Agency becomes a
Requesting Participating Agency before the expiration of the 60 days it shall be obligated
to pay MERIT the full annual fee for that year.
F. Dissolution. The Executive Board may vote to dissolve the MERIT Organization
in accordance with the provisions stated herein. Dissolution may be considered at a regular
meeting or special meeting called for consideration of the dissolution. A quorum of all
directors of the MERIT Organization must be in attendance at any regular or special
meeting at which dissolution is considered. Dissolution must be approved by a two-thirds
vote of the directors in attendance. All participating agencies shall be given fourteen days'
notice of the meeting date where the dissolution vote is on the agenda. Dissolution will not
become effective until 90 days from the date the Resolution of Dissolution is adopted. The
chairperson will immediately notify all members of the MERIT Organization of the
dissolution. The Chairperson shall be authorized to effect the dissolution of the MERIT
Organization upon adoption of a Resolution of Dissolution and shall be responsible for
winding up the affairs of the MERIT Organization.
Section 4. Insurance and Indemnification.
A. Insurance. Each Participating Agency shall procure and maintain, at its sole and
exclusive expense, insurance coverages which cover the Participating Agency, its
Resources, and any liability for providing such Resources to a requesting Participating
Agency in no less than the minimum amounts as follows:
Commercial General Liability (Including contractual liability coverage):
$1,000,000 combined single limit per occurrence for bodily injury, and
property damage and $1,000,000 per occurrence for personal injury. The
general aggregate shall be twice the required occurrence limit. Minimum
General Aggregate shall be no less than $2,000,000 or a project/contract
specific aggregate of $1,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
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3. Workers' Compensation and Employers' Liability: Workers' Compensation
coverage with statutory limits and Employers' Liability limits of $500,000
per accident.
4. Each Agency shall bear the responsibility for its own insurance even in the
event of inadequate, nonexistent or exhausted coverage.
5. The above listed minimum amounts of coverage shall not apply to self-
insured Agencies.
B. Indemnification. Each Participating Agency agrees that it shall be responsible for
defending itself and indemnifying its own officers or employees in any action or
dispute arising in connection with, or as a result of, this IDSA Agreement bought
by non-party's to the Agreement. The requesting Participating Agency also agrees
that this IPSA Agreement shall not give rise to any liability or responsibility for the
failure of any other Participating Agency to respond to any request for assistance.
C. Reciprocal waiver and release. Except as provided in subsection D of this Section
4, each Participating Agency hereby waives, releases, and discharges all other
Participating Agency's from any and all claims, actions, causes of action, injuries,
deaths, costs or expenses resulting from any actionable error or omission of that
Participating Agency in its performance of this Agreement at the request of a
requesting Participating Agency.
D. Defense. In the event that DuPage Metropolitan Emergency Response and
Investigation Team (MERIT) is named as a party to a lawsuit, claim or action as a
separate party, either individually or in addition to other Participating Agencies, the
Participating Agency requesting aid shall be responsible, at its sole cost, for the
defense of MERIT in such lawsuit, claim or action.
Section 5. DuPage Metrobolitan Emergencv Resuonse and Investigation Team
A. Authority. The DuPage Metropolitan Emergency Response and Investigation
Team (MERIT) shall carry out the mutual aid roles and responsibilities of the
Participating Agencies and is not a separate, independent public agency under 5
ILCS 220/2. All Participating Agencies shall be members of The DuPage
Metropolitan Emergency Response and Investigation Team. The DuPage
Metropolitan Emergency Response and Investigation Team shall be governed by
an Executive Board that shall be responsible for developing bylaws, rules, and
regulations to carry out the terms and conditions of this IPSA Agreement provided
such rules and regulations are not inconsistent with the terms of this IPSA
Agreement. Participating Agencies agree to abide by all rules and regulations
properly adopted and approved by The DuPage Metropolitan Emergency Response
and Investigation Team Executive Board. Each Participating Agency agrees not to
hold itself out as an agent of The DuPage Metropolitan Emergency Response and
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TEAM (MERIT) OF DUPAGE COUNTY
Investigation Team and will instruct each of its employees that they are not to hold
themselves out as employees or agents of The DuPage Metropolitan Emergency
Response and Investigation Team.
B. A copy of MERIT's initial by-laws are attached hereto and incorporated herein as
if fully set forth a group exhibit 1. The by-laws may be amended by MERIT's
executive board, without amendment of this Agreement in accordance with the
terms of those by laws, except that amendments to the by-laws which increase
MERIT's budget and result in a request to a Participating Agency for an increased
payment shall not become effective until approved in the sole discretion of the
corporate authorities of the Participating Member. If the Corporate Authorities of a
Participating Member refuse or fail to pay a budget obligation to MERIT, the
Chairperson shall proceed with termination as Set forth in Section 3 E.
C. Executive Board. The MERIT Executive Board shall consist of twelve (12) persons
comprised of the following:
a. The MERIT Coordinator and three Deputy Coordinators.
b. The DuPage County Sheriff
c. Five (5) Chief Executive Officers from Participating Agencies.
d. A current Executive Board member of the DuPage County Chiefs of Police
Association.
e. DuPage County States Attorney Designee (non-voting member).
Section 6. Effective Date and Term. This IPSA Agreement shall become effective
upon its adoption by ordinance by at least two units of local government. Upon
adoption of an ordinance approving this IPSA Agreement, a unit of local
government shall be deemed a Participating Agency. Additional units of local
government may become Participating Agencies upon prior approval of the MERIT
Executive Board which approval shall not be unreasonably withheld.
Section 7. General Conditions.
A. Amendment. No amendment or modification to this IPSA Agreement shall be
effective unless and until the amendment or modification is in writing and properly
approved by each Participating Agency.
B. Binding Effect and Assigning. The rights and obligations in this IPSA Agreement
bind the Participating Agencies and may not be assigned or transferred.
C. Third Party Beneficiary. There are no third person beneficiaries of this Agreement
for any purpose whatsoever. Nothing in this Agreement shall be interpreted or
deemed to constitute a waiver or compromise of any and all statutory or common
law immunities or privileges available to Participating members, their employees,
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TEAM (MERIT) OF DUPAGE COUNTY
agents and assigns, which are asserted by all Participating Members to the full
extent allowed by law.
D. Governing Laws and Venue. This IPSA Agreement will be governed by, construed
and enforced in accordance with the internal laws, but not the conflicts of laws
rules, of the State of Illinois. The exclusive venue for the enforcement of the
provisions of this IPSA Agreement or its construction or interpretation shall be in
a court of law located in DuPage County, Illinois.
E. Entire Agreement. This IPSA Agreement constitutes the entire agreement between
the Participating Agencies and supersedes all prior agreements and negotiations
between them, whether written or oral relating to the subject matter of this IPSA
Agreement.
F. Waiver. The failure of a Participating Agency to exercise at any time any rights
under this IPSA Agreement shall not be deemed or construed as a waiver of that
right, nor shall the failure void or affect a Participating Agency's right to enforce
such rights or any other rights.
SIGNATURE PAGES ATTACHED
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METROPOLITAIN EMERGENCY RESPONSE & INVESTIGATION
TEAM (MERIT) OF DUPAGE COUNTY
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date and year above written.
VILLAGE OF OAK BROOK
Riccardo Ginex
Village Manager
IN
James R. Kruger
Chief of Police
Date
Date
METROPOLITAIN EMERGENCY RESPONSE & INVESTIGATION TEAM (MERIT)
IN
Chairperson of the MERIT Executive Board Date
IN
Vice Chairperson of the MERIT Executive Board Date
7 of 7 MAY 2019
1
Metro olitan Emergency Response & Investigation Team MERIT of DuPage County
MERIT POLICY STATEMENT:
In 2018, the leadership of the DuPage County Major Crimes Task Force and the DuPage Felony
Investigative Assistance Team (FIAT), in coordination with the DuPage County Association of Chiefs of
Police recognized the benefit of consolidating both task force entities into a single county -wide task force
that includes the DuPage County Sheriffs Police. The pooling of resources into a combined county -wide
entity would lead to the expedient solution of serious crimes, critical incidents, and other law enforcement
endeavors.
These agreements and regulations are made in recognition of the fact that natural occurrences, or
man-made occurrences, may result in situations which are beyond the ability of the individual community to
deal with effectively in terms of manpower and equipment resources on hand at a given time. Each
community has and does express its intent to assist its neighbor communities by assigning some of its
manpower and equipment resources to an affected community as resources and situations allow. The
specific intent of these protocols is to permit the Police Departments of each community to more fully
safeguard the lives, persons, and property of all the citizens.
We strongly emphasize that no city or village will assert jurisdiction where none exists, and that MERIT will
not operate at cross purposes with any assisting agency. In view of the fact that some cases comprise a
Federal violation as well as a State violation, the use of MERIT will not be extended where such dual
jurisdiction exists, unless it be by mutual agreement with Federal authorities.
ORGANIZATION:
MERIT shall be governed by a twelve -member Executive Board; five variable and seven static positions.
The five variable positions consist of the Chairperson, Vice -Chairperson, Treasurer, Secretary, &
Immediate Past Chairperson. Static positions on the Executive Board include, the MERIT Coordinator, Deputy
Coordinators (3), DuPage County Sheriff, DuPage County Chiefs of Police Association Executive Board
Member Chief, and the DuPage County States Attorney (non-voting).
The MERIT Chairperson, Vice Chairperson, Secretary, Treasurer, and Immediate Past Chair shall serve as
a member of the Executive Board for two (2) consecutive years.
The election of the MERIT Chair and Vice Chairperson shall be held biennially and must be the Chief
Executive Officer of a MERIT member agency. With the exception of the inaugural MERIT Executive Board,
the Chair and Vice Chair shall be elected by a majority vote of the member agency's CEO's at the annual
membership meeting. The election shall be by ballot. If there is but one nominee for the office, the election
may be by voice vote. The inaugural MERIT Executive Board will be approved by majority vote at a general
membership meeting of the DuPage County Chiefs of Police Association.
The remaining variable positions of Secretary and Treasurer shall be appointed by the Chairperson of the
applicable year to a two-year term of office and must be the Chief Executive Officer of a MERIT member
agency. Multiple officers from a single agency may not concurrently serve on the Executive Board. No
individual may concurrently hold more than one position on the Executive Board.
Vacancies on the Executive Board shall be filled within 60 days.
Objections to rules or actions by the MERIT Executive Board may be made by any member. Objections by
members will be brought to a vote by the general membership and decided by a majority vote.
May 2019
OPERATIONS POLICY
The MERIT Executive Board shall appoint the MERIT Coordinator, Deputy Coordinators, and Commanders
of each MERIT Component. Supervisory and Team Leader positions will be filled by the component Commanders with
approval by the MERIT Executive Board. These appointments shall be selected from MERIT member agencies.
MEMBERSHIP:
Membership shall be limited to Illinois law enforcement agencies, as defined by Illinois Statute, in DuPage
County.
Requests for membership, other than the inaugural members of FIAT, DuPage Major Crimes, Naperville
PD, and the DuPage County Sheriff, must be reviewed and endorsed by the Executive Board. The
Executive Board shall consider the requesting agencies commitment to provide personnel to the MERIT
components. Only those requests that have received the endorsement of the Executive Board will be
brought before the Participating Agencies CEO's for consideration at the annual MERIT membership meeting.
Membership shall be approved or disapproved by a majority vote of those member agencies present at
the annual membership meeting or at a special meeting convened by the Chairperson of the Executive
Board.
Membership may be suspended or revoked in those instances in which a member agency:
• Fails to meet their obligations in accordance with these bylaws or the MERIT Intergovernmental Police
Service Agreement (IDSA);
• or is found to be responsible for behavior detrimental to law enforcement or whose continued
membership would prove detrimental to MERIT.
Membership may only be suspended or revoked by a two-thirds vote of the member agencies.
The member agency shall have the opportunity to appear before the membership prior to any vote to
suspend or revoke their membership.
The Chairperson of the Executive Board may convene a special meeting of the member agencies for the
purpose of determining an agency's membership status (e.g. request for membership, suspension or
revocation).
MEETINGS:
The Executive Board shall meet on a monthly basis. The date, time, and location of these meetings shall be
determined by the Chairperson. Written notice stating the location, day, and time of any meeting of the membership
shall be delivered either personally, by mail, fax, or electronic mail to each member entitled to vote at such meeting, not
less than five (5) days before the date of the meeting by, or at the discretion, of the Chairperson, Secretary, or the
Executive Board members calling the meeting. If mailed, the notice shall be deemed delivered when deposited in the
U.S. Mail.
The membership shall meet on an annual basis. The annual membership meeting shall occur in April. The
date, time, and location of the meeting shall be determined by the Executive Board. Special meetings of the Executive
Board or member agencies may be called by the Chairperson, if MERIT business so dictates.
The Chairperson may suspend, cancel, or delay meetings if they are in conflict with other law enforcement
activities. The Chairperson shall preside over all meetings. In the absence of the Chairperson, the Vice -Chair shall
preside. An agenda and meeting minutes shall be made available to all member agencies prior to, and following a
meeting.
May 2019
OPERATIONS POLICY
RULES OF ORDER:
The rules contained in Roberts Rules of Order (current edition) shall govern MERIT in all cases to which
they are applicable, and in which they are not inconsistent with the bylaws of MERIT.
Seven (7) voting members of the Executive Board, one of which must include the Chairperson or Vice
Chairperson, shall constitute a quorum at Executive Board meetings.
All matters put to a vote at the Executive Board meetings shall be decided by a majority vote of the
board, unless otherwise stated in these bylaws.
The presence of a majority of the member communities shall constitute a quorum at the annual
membership meeting.
All matters put to a vote at the annual membership meeting shall be decided by a majority vote. Member
agency Chief Executive Officers shall each have one vote.
COMMITTEES:
The Executive Board shall create such committees as are deemed necessary to accomplish the purpose
and needs of MERIT.
OPERATIONAL COMPONENTS:
MERIT shall be comprised of nine (9) operational components:
• Crisis Negotiations
• SWAT
• K-9 Response
• Major Crash Reconstruction
• Incident Management Assistance Team (IMAT)
• Planned Events
• Crime Scene Investigation
• Computer Forensics
• Investigations
• Major Crimes 1 OIS
• Intelligence
Police officers assigned to a MERIT component shall be restricted to full-time, salaried, commissioned law
enforcement officers of the participating law enforcement agency.
MERIT COORDINATOR, DEPUTY COORDINATORS, AND COMMANDERS:
The MERIT Coordinator, Deputy Coordinators, and Commanders will be appointed by the Executive Board
and shall serve at their discretion.
The MERIT Coordinator will act as a liaison to all the member agencies in overseeing the day-to-day affairs
of MERIT, particularly during inactive periods.
The MERIT Coordinator shall be assisted by the three Deputy Coordinators. A Deputy Coordinator shall
serve as the Coordinator during those instances in which the Coordinator is unavailable.
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OPERATIONS POLICY
The MERIT Coordinator shall:
• Ensure the maintenance of pertinent call -out information, i.e. contact names and phone numbers at
member agencies.
• Disseminate reports, including summaries of MERIT activations. Compile an annual report on a
calendar year basis for distribution to all members.
• Disseminate a statistical analysis of MERIT activations, arrests, clearances, critical incidents, and
results of investigations.
• At the direction of the Executive Board, and in conjunction with the component supervisor,
develop or arrange training for MERIT members.
Oversee financial expenditures relating to MERIT by providing documentation to the Executive
Board for approval prior to expenditures being made, except in an emergency where the
approval of the President or the President's designee is authorized. Prepare fiscal reports to be
distributed at the Executive Board quarterly meetings and the annual membership meeting.
• Maintain all records of MERIT.
• Consult with the Executive Board and advise them of the status of ongoing MERIT operations.
COMPONENT COMMANDERS:
Component Commanders will be appointed by the Executive Board and shall serve at their discretion.
The Deputy Coordinator overseeing Major Crash Reconstruction and IMAT shall serve as the Planned
Events Component Coordinator.
The Commander of each component will:
• Maintain pertinent call -out information, i.e., contact names and phone numbers at member
agencies.
• Oversee equipment assigned to the component.
• Ensure the preparation all reports, including summaries of MERIT activations.
Maintain a statistical analysis of MERIT activations, arrests, and clearances, by-products of the
investigation, man-hours expended, leads investigated, and interviews conducted.
• At the direction of the Executive Board, develop or arrange training for MERIT members.
TRAINING:
Members of MERIT will be trained by the member agency, so that each will be able to handle any facet of a
MERIT Operation. MERIT training may be provided to supplement and update departmental training, with
the goal of enhancing MERIT. Lesson plans for MERIT component training will be approved by the Executive Board
through the MERIT Coordinator. Component Commanders are responsible for maintenance of MERIT component
training records. All MERIT lesson plans, training records, and related documents created for MERIT remain the
property of MERIT and must be authorized for use outside of MERIT by the Executive Board.
PROCEDURES FOR ACTIVATION OF MERIT:
MERIT activations are considered the highest priority and take precedence over normal duty assignments.
However, MERIT recognizes the need for member agencies to maintain sufficient staffing levels, and as
such does not require an agency to immediately release a component member if doing so would
compromise that agency's effectiveness. Member agencies are expected to make every effort to replace
and release on -duty component members as soon as possible. Component members will become
subordinate to the component supervisor until the termination of the activation.
May 2019
OPERATIONS POLICY
Patrol supervisors from member jurisdictions have the authority to request the activation of a MERIT
component. The request to activate a component can be made by contacting the designated PSAP or MERIT
Coordinator.
The Lombard Police Department will notify the component commander of the request. The component
commander will review the request and, if appropriate, authorize the activation of the component.
Requests for assistance for Planned Events should go directly to the Deputy Coordinator overseeing
same. Requests for the Computer Forensics component may be made by directly contacting the
component Commander. The MERIT Chairperson, or designee, must authorize a response request
from a non-member agency.
The Chairperson of the Executive Board shall have the authority to authorize the activation and
deployment of a MERIT component in those instances not expressly permitted by policy, if doing so is
based on an exigent need and all other law enforcement resources have been depleted or are not
available.
COMMAND STRUCTURE DURING ACTIVATIONS:
The requesting agency incident commander during any MERIT activation shall be designated by the
Chief Executive Officer of the requesting agency. The command structure utilized by any MERIT
component during an activation will be consistent with that component's operations policy.
FISCAL YEAR:
The fiscal year of MERIT shall be from May 151 to April 30th.
DUES:
Annual dues shall be $4,000. Annual dues shall be invoiced prior to May 15th. Dues must be paid by
June 3011 of the applicable fiscal year. Changes to the annual membership dues of MERIT by the Executive Board shall
be approved by majority roll -call vote by the participating member agencies CEO at the annual membership meeting.
PERIODIC POLICY REVIEW:
The MERIT Executive Board will review this policy annually and recommend changes as necessary.
Changes to the bylaws must be approved by the MERIT member agencies in the manner outlined in
the "Rules of Order".
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