S-848 - 06/11/1996 - POLICE DEPARTMENT - Ordinances r
ORDINANCE 96-AG-S-848
AN ORDINANCE AUTHORIZING PARTICIPATION
IN THE INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT
AND THE FELONY INVESTIGATION ASSISTANCE TEAM
WHEREAS, numerous municipalities in the area of the Village of Oak Brook
have formed an intergovernmental police service assistance program and,
pursuant thereto, have participated in a Felony Investigation Assistance Team
(known as "FIAT") which pools the police investigation resources of those
municipalities (the "Participating Municipalities") in an effort to more
expeditiously and efficiently investigate and solve serious crimes; and
WHEREAS, the Participating Municipalities have entered into an agreement
titled, "Intergovernmental Police Service Assistance Agreement" (the
"Agreement") , which sets forth the terms under which the Participating
Municipalities render mutual aid and conduct the FIAT program; and
WHEREAS, the Participating Municipalities have invited the Village of
Oak Brook to enter into the Agreement and to join the FIAT program; and
WHEREAS, the Agreement provides that the Village may become one of the
Participating Municipalities by adopting an ordinance authorizing the
execution of the Agreement and by thereafter executing the Agreement and
filing it with the Participating Municipalities; and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook
have reviewed the Agreement and the FIAT program and have determined that it
is in the Village's best interests to accept the opportunity for police
department mutual aid and to pool its police investigation resources with area
municipalities;
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: That the President and Board of Trustees hereby approve the
Agreement and authorize and direct the President and the Village Clerk to
execute and attest the Agreement on behalf of the Village. The President and
Board of Trustees also authorize the Chief of Police to participate in the
FIAT program under the terms provided in the Agreement and the FIAT Manual of
Procedures.
Section 3: That the Village Clerk shall cause a copy of this Ordinance
and the executed Agreement to be filed with the Clerk of each Participating
Municipality within 30 days after the effective date of this Ordinance, in
accordance with the terms of Section 8 of the Agreement.
Ordinance 96-AG-S-848
Intergovernmental Police
Service Assistance Agreement
and the Felony Investigation
Assistance Team, Page 2
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED this 11th day of June, 1996.
Ayes: Trustees Bartecki, Kenny, McInerney, Savino and Shumate
Nays: None
Absent: Trustee Payovich
Abstain: None
APPROVED this 11th day of June, 1996.
AIN
ViT ge President
ATTEST
Villa Clerk
Approved:.as to Form:
a.
Village Attorney
Published
Date Paper
Not Published XX
INTERGOVERNMENTAL POLICE SERVICE
ASSISTANCE AGREEMENT
The undersigned municipalities ("participating municipalities") pursuant to Article VII, Section
10 of the Illinois Constitution, 5 ILCS 220/1-220/8, and 65 ILCS 5/1-4-6, and 65 ILCS 5/11-1-
1.2, agree as follows:
SECTION ONE: PURPOSE OF AGREEMENT
It is recognized that in certain situations the use of police personnel and equipment to perform
police duties outside of the territorial limits of the municipality where such police officers are
legally employed, is desirable and necessary in order to preserve and protect the health, safety
and welfare of the public.
SECTION TWO: POWER AND AUTHORITY
(a) Each participating municipality does hereby authorize and direct its Chief of Police or
his designee to render and request mutual police aid to and from other participating
municipalities to the extent of available personnel and equipment not required for
adequate protection of the municipality rendering aid. The judgment of the Chief of
Police or his designee of each municipality rendering aid, as to the amount of
personnel and equipment available, shall be final.
(b) A municipality requesting aid shall first seek such aid from the nearest member
municipalities possessing the needed personnel and equipment.
(c) Personnel who are commanded by their superior authority to maintain the peace
or perform police duties outside the territorial limits of the municipality which regularly
employs such personnel shall be under the direction and authority of the Chief of
Police or his designee of the member municipality requesting aid. Such personnel
furnishing aid shall be under the direction and authority of officers of the local
municipality in whose command they are placed and, if they are police officers in
their own municipality, they shall have all the powers of police officers of the
requesting municipality.
(d) No municipality shall be liable to another municipality for a failure to render aid or
the withdrawal of aid once furnished pursuant to this Agreement.
SECTION THREE: COMPENSATION
(a) Cooperative police service and assistance shall be rendered without charge to a
participating municipality for normal police services.
(b) Whenever a municipality anticipates unusual or burdensome costs in assisting
another municipality under this Agreement, it shall inform the municipality
requesting assistance of those anticipated unusual and burdensome costs, so
that an agreement for reimbursement can be reached. No assisting municipality
shall be obligated hereunder to incur unusual and burdensome costs without
agreement for reimbursement.
SECTION FOUR: INDEMNIFICATION
Each municipality requesting aid under this Agreement does hereby agree to
indemnify, defend and hold harmless any municipality, employee, or officer
thereof, rendering aid for any liability, cost, expense, claim, demand,judgment
or attorney's fees arising out of injury or damage caused by an employee or
officer involved in rendering aid, including, but not limited to false arrest,
detention or imprisonment, wrongful death, malicious prosecution, defamation,
assault and battery, invasion of privacy, failure to protect, deprivation of civil rights,
trespass or pain and suffering or damage to the property of any third party,
except that there shall be no indemnification for any liability arising out of the
willful misconduct of any employee. Provided, however, that the total extent
of such indemnification including the costs of defense shall be limited to the
greater of the following:
(1) The limits of liability in 65 ILCS 5/1-4-6.
(2) The limits of liability for such an occurrence established by a
self-insurance pool of which the municipality liable is a
member.
(3) The limits of liability of any insurance policy which provides
coverage to the municipality liable for the claim.
SECTION FIVE: LIABILITY
All employee benefits, wage and disability payments, pension and workmen's
compensation claims, damage to or destruction of equipment and clothing
and medical expense of the municipality rendering aid shall be paid by the
municipality regularly employing such person performing services pursuant
to this Agreement.
SECTION SIX: RULES AND REGULATIONS
The Police Chiefs of the participating municipalities may establish by unanimous
vote or agreement, uniform rules and regulations concerning the method, type and
level of response to a request for aid, and the conduct of officers while rendering
aid, provided that the rules and regulations shall not be inconsistent with the terms
of this Agreement. A copy thereof shall be filed with the Clerk of each participating
municipality. The rules and regulations may be revised and amended from time to
time by unanimous vote or agreement of the Police Chiefs, and a copy of each
revision or amendment shall be filed with the Clerk of each participating municipality.
These rules and regulations shall be binding upon each of the municipalities and
violation thereof, at the option of a majority of the other municipalities, shall result
in loss of the rights and privileges of the violator under this Agreement.
SECTION SEVEN: FELONY INVESTIGATION ASSISTANCE TEAM
(FIAT)
One or more of the participating municipalities have heretofore formed the Felony
Investigation Assistance Team (FIAT). The purpose of FIAT is to pool investigative
resources in order to expeditiously investigate and solve serious crimes. All
participating municipalities shall be members of FIAT. Rules and Regulations
governing the operation of FIAT may be adopted in the same manner as the rules
and regulations provided for in Section 6 above, provided that such rules and
regulations shall not be inconsistent with the terms of this Agreement, except
that such rules and regulations may provide for the joint funding of FIAT by the
participating municipalities.
4
SECTION EIGHT: EFFECTIVE DATE OF AGREEMENT
(a) This Agreement shall be in full effect and legally binding at such time as an
ordinance authorizing its execution has been passed and approved by at least
four(4) municipalities located in whole or in part within DuPage County, Illinois.
This Agreement may be executed in duplicate counterparts containing the
authorized signatures of one or more municipalities.
(b) Copies of such an ordinance entering into this Agreement shall be filed with the
Clerk of each participating municipality within thirty (30) days of passage and
approval.
SECTION NINE: TERMINATION OF AGREEMENT
(a) Any participating municipality may withdraw from this Agreement at any time, at
its option, by ordinance of its Village Board of City Council.
(b) Copies of such an ordinance withdrawing from the Agreement shall be filed with
the Clerk of each participating municipality within thirty (30)days of passage
and approval.
SECTION TEN: ADDITIONAL PARTICIPATING MUNICIPALITIES
(a) Additional municipalities may be permitted to become a party to this Agreement
upon the written consent of all participating chief law enforcement officers.
Any municipality desiring to become a party to this Agreement shall adopt an
ordinance authorizing the execution of this Agreement.
(b) Copies of the ordinances provided for above shall be filed with the Clerk of each
participating municipality within thirty (30) days of passage and approval.
(c) Upon becoming a party to this Agreement, any such additional municipality shall
be deemed to be a participating municipality.
IN WITNESS WHEREOF, this Agreement has been duly executed by the following
persons.
VILLAGE OF OAK BROOK
Municipality
C�?e� A. Z.�k June 11, 1996
lage President Date
ATTEST:
June 11, 1996
L-Wllagetlerk Date
The following towns are current members of F.I.A.T.:
Bolingbrook
Burr Ridge
Clarendon Hills
Darien
Downers Grove
Hinsdale
Woodridge
Lemont
Lisle
Naperville
Warrenville
Westmont
Willowbrook