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S-852 - 07/23/1996 - AGREEMENT - Ordinances 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 ILCS 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or ordinance of the Village of Oak Brook which conflicts with the provisions of this ordinance shall be and is hereby repealed to the extent of such conflict.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 I I Ordinance 96-AG-EXI-S-852 Intergovernmental Agreement Relative to Sex Offender Community Notification, Page 2 APPROVED THIS 13th day of August 1996. 7 vi lage President A�'TEST: c .Vi.11a Clerk as `�o Form: G Village Attorney Published Date Paper Not Published XX EXHIBIT I INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK, THE COUNTY OF DU PAGE AND THE DU PAGE COUNTY SHERIFF'S DEPARTMENT This Agreement is made and entered into this 13th day of August, 1996, between the Village of Oak Brook,a unit of local governmentand the County of DuPage and the DuPage County Sheriffs Department. WHEREAS, the Constitution of the State of Illinois, 1970,Article VI1, Section 10, authorizes units of local government to contract among themselves so as to exercise,combine,or transfer any power or function in any manner not prohibited by law or by ordinance;and WHEREAS,the Intergovern mental Cooperation Act, 5 ILCS 220/1,al sea.,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 Sheriff's office shall provide the mandatory Child Sex Offender and Child Murderer Community Notification as required by statute on behalf of the Village of Oak Brook Police Department according to all the terms and conditions 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, a copy of the change or amendment shall be promptly tendered to the DuPage County Sheriffs Department. 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 -1- 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 Sheriff's 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 Sheriff's 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 Sheriffs 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 Sheriff's 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. -2- VILLAGE OF OAK BROOK By: aren M. Bushy, ilia President tx," old Attest° .S 1 �, Linda K Gorinella,Village Clerk COUNTY OF DU PAGE By: IG y M. Fr e , C airman age County rd Attest: -3- FJMTBIT 'W' 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"