IGA DuPage Public Safety Communication Cooperative -VOB Membership 10-25-2011 DuPage Public Safety
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Bylaws
As Amended by DU-GOMM's Board of Directors on December 7, 2010
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DU PAGE PUBLIC SAFETY COMMUNICATIONS BYLAWS
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As Amended December 7, 2010
ARTICLE II— PURPOSE
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DU PAGE PUBLIC SAFETY COMMUNICATIONS (DU-COMM) is an association
of units of local government, as they are defined in Article VII, Section 1, of the
Constitution of State of Illinois, 1970, and is a "public agency" as defined in the
Intergovernmental Cooperation Act, 5 ILCS 22012 (1), that is voluntarily
established by its members pursuant to Article VII, Section 10, of the Constitution
of the State of Illinois, 1970, and the Intergovernmental Cooperation Act, 5 ILCS
22011 et seq. It is organized for the purpose of: j
1. Providing the equipment, services and other items necessary and
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appropriate for the establishment, operation and maintenance of a joint
public safety communications system for the mutual benefit of the
members of DU-COMM.
2. Providing such contractual services to other units of local government.
3. Providing a forum for discussion, study, development and implementation
of recommendations of mutual interest to its members regarding public
safety communications and criminal justice, fire safety, emergency
medical and telephone emergency request systems, public safety
information communication and data processing systems and other topics
and projects of mutual public safety concern to its members.
ARTICLE II - MEMBERSHIP
A. All cities, villages, fire protection districts and other units of local
government that provide public safety service, that are located, wholly or
partly within DuPage County, Illinois or geographically adjoin the
boundaries of a then existing DU-COMM member and that are permitted
by the Intergovernmental Cooperation Act to contract and associate with
other units of local government are eligible for membership and
participation In DU-COMM.
B. A unit of local government's membership and participation in DU-COMM is
conditioned upon:
1. Its execution of the Joint Public Safety Communications Systems
Agreement creating and establishing DU-COMM;
As amended,December 7,2010 1
2. Its delivery to DU-COMM of a certified copy of its ordinance authorizing
its execution of the Joint Public Safety Communication System
Agreement; ,
3. Its agreement to be bound by DU-COMM's By-Laws;
4. Its payment of an initial entry fee as determined and agreed to by it and
DU-COMM's then members;
5. Its continuing payment of its annual and other fees and compliance with
DU-COMM's Bylaws; and
6. Such other conditions as determined from time to time by the Board of
Directors.
C. New member participants shall be admitted on a two-thirds (213) vote of
the members of the Board of Directors. All new members shalt become
liable for payment of existing debts and liabilities of DU-COMM to the
same extent as all then existing member. The payment of the fee required
In this paragraph shall be made within thirty (30) days after the new
member's admission to DU-COMM unless deferred payment is approved
by a two-thirds (213)vote of the Board of Directors. The Board of Directors
shall not approve deferred payment unless the new member participant's
governing officials submit a resolution that:
1. States the reasons why payment cannot be made upon admission;
2. Requests deferral of payment for not more than one (1)year; and
3. Agrees to pay the deferred amount, with Interest at a rate determined by
DU-COMM's Board of Directors, if the request for deferred payment is
approved.
ARTICLE III -ORGANIZATION
There is hereby established a Board of Directors of DU-COMM, an Executive
Committee of DU-COMM, a Chiefs' Operations Committee of DU-COMM, and
the position of Executive Director of DU-COMM.
No Board of Director member, Executive Committee member, or Chiefs'
Operations Committee member shall receive a salary or compensation from DU-
COMM
As amended, December 7,2010 2
A. BOARD OF DIRECTORS
1. Membership:
f The Board of Directors shall consist of;
I a. The Mayor or President of each participating municipality or an
alternate who has been designated annually in writing each July.
The designated alternate has all the same rights and authority as
that municipality's Mayor or President; and
b. Two directors who shall represent all the participating fire protection
districts and shall be the Presidents of the Boards of Trustees of
two of the participating fire protection districts or their designated
alternates (who shall be Fire Protection District Trustees). The
Presidents, or their designated alternate, of the Fire Protection
Districts shall confer and select the two Directors who shall j
represent the Fire Protection Districts on the Board of Directors.
Any President of the Board of Trustees of a participating fire
protection district, not serving as a DU-COMM director, may attend
and participate in the discussion at a Board of Directors' meeting I
but shall not vote.
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2. Chairman,Vice-Chairman and Secretary/Treasurer; E
a. Election:
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At Its July meeting in odd years, the Board of Directors shall: elect
one of its members to serve as a Chairman, a Vice-Chairman and
a Secretary/Treasurer.The Chairman shall conduct the meetings of
the Board of Directors. In the absence of the Chairman, the Vice-
Chairman shall perform the duties of the"Chairman. Each officer
elected shall assume their office at the close of the July meeting
and shall serve a term of two (2)years.
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b. Nominating Committee:
At its April meeting in odd years, a majority of the Board of
Directors shall appoint two or more Directors to serve as members
of the Nominating Committee. The Nominating Committee shall
determine a slate of directors it recommends for election as
Chairman, Vice-Chairman, Secretary/Treasurer, two Municipal
Administrators, one police chief, and one fire chief to serve on the
Executive Committee. The two remaining representatives to the
Executive Committee shall be the Chairman and Vice-Chairman of
the Chiefs Operations Committee. Additional nominations may be
from the floor during this meeting.
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As amended, December 7,2010 3
3. Officers:
The Chairman,Vice Chairman, Secretary/Treasurer of the Board of
Directors shall hold the same offices on the Executive Committee.
a. Chairman:
The Chairman shall;
1. Oversee all business and affairs of DU-COMM;
11. Execute any documents as authorized by the Board of
Directors or these Bylaws;
III. Perform all duties incidental to the office of Chairman, and
those that may be prescribed by the Board of Directors;
IV. From time to time, to create such sub-committees as may be
needed for the Executive Committee to perform its duties and
to appoint two or more members of the Executive Committee
to each such sub-committee; and
V. Serve as liaison between the Board of Directors and
Executive Committee.
b. Vice Chairman:
In the absence of the Chairman, the Vice Chairman shall perform
the duties of the Chairman.
c. Secretary/Treasurer:
The Secretary/Treasurer shall;
I. Oversee the recording, maintenance and custody of the
records of DU-COMM and the minutes of all meetings of DU-
COMM;
I1. See that all notices are duly given according to these Bylaws;
III. Perform, or delegate to DU-COMM's staff employees, all
duties incidental to those generally assigned to the office of
Secretary/Treasurer and to perform those duties prescribed
by the Board of Directors.
As amended,December 7,2010 4
4. Meetings:
a. The regular meetings of the Board of Directors shall be held
quarterly an the third Tuesday of the month. The January meeting
shall be the annual meeting at which the annual budget of DU-
COMM is adopted. The election of officers for the Board of
Directors will be held bi-annually in odd years. The
Secretary/Treasurer shall cause notice of these regular meetings,
including an agenda to be mailed to each member of the Board of
Directors at least seven (7) days before the meeting. The business
of the meeting shall not be limited to the agenda.
b. Special meetings of the Board of Directors may be called by the
Chairman, the Board of Directors on its own motion or by the
Executive Committee upon written request of a majority of Its
members. The date, time and location of special meetings shall be
determined by the person(s) calling the meeting. Written notice of
special meetings, including a specific agenda for the meeting, shall
be mailed to each member of the Board of Directors at least 48
hours before the meeting. Only those items appearing on the
agenda may be considered at the meeting.
5. Quorum:
A majority of the members of the Board of Directors shall constitute a
quorum for the transaction of business at a meeting of the Board of
Directors. If less than a majority of directors are present at a meeting a
majority of the directors present may adjourn the meeting without further
notice.
6. Voting:
a. Each Director or designated alternate present shall be entitled to
cast one vote.
b. No proxy or absentee votes are allowed.
7. Powers:
The Board of Directors shall have all powers, express and implied, not
Inconsistent with or contrary to the laws of the Constitution of the State of
Illinois, 1970, the Joint Public Safety Communications System Agreement
or these Bylaws, that are necessary for it to carry out the purpose of DU-
COMM as stated in Article I of these By-Laws. The Board of Directors
may establish rules and procedures governing Its conduct.
As amended,December 7,2010 5
8. Duties:
The Board of Directors shall:
a. Determine general policy of DU-COMM;
b. Adopt the annual budget of DU-COMM;
c. Appoint and remove the Executive Director;
d. At its April meeting, review the annual evaluation and fix the salary
of the Executive Director as conducted and recommended to it by
the Executive Committee.
e. Hire certified public accountants as auditors to perform an annual
audit of DU-COMM's financial affairs and to prepare a report of the
audit for approval by the Board of Directors. The audit shall be
done after each fiscal year In accordance with generally accepted
accounting principles. Each participating member unit of local
government shall be provided a copy of the audit report;
f. Designate the ofFicer(s) and agents authorized to sign checks,
drafts or other orders of payment of money and noted or other
evidences of indebtedness of DU-COMM and shall execute all
documents required to evidence the authority of the officer(s) or
agents;
g. Designate the officer(s) and agents authorized to execute and
deliver contracts or any other instrument in DU-COMM's name and
on its behalf in the furtherance of its purpose. This authority may be
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general or limited to specific transactions or types of transactions
and shall execute all documents required to evidence the authority
to sign checks, drafts or other orders of payment of money, and
notes or other evidences of indebtedness of DU-COMM and shall
execute all documents required to evidence the authority of the
officer(s)or agents;
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h. Contract for loans to DU-COMM; all loans in excess of $50,000
must have the approval of the governing boards of at least two-
thirds(2/3)of participating members;
I. Review and approve the Investment Policy annually;
j. Review DU-COMM's Bylaws; and
k. Approve new members and expel existing members in accordance
with established procedures. '
As amended,December 7,2010 6
B. EXECUTIVE COMMITTEE
1. Purpose: The purpose of the Executive Committee is to allow for the
expeditious conduct of DU-COMM's operations and to provide timely
policy direction to the Executive Director.
2. Membership:
a. The DU-COMM Executive Committee shall consist of the
Chairman, Vice Chairman, Secretary/Treasurer of the Board of
Directors; two municipal administrators; two fire chiefs and two
police chiefs which shall include the Chairman and Vice Chairman
from the Chiefs' Operatioris Committee.
3. Vacancies of Officers:
a. The Chairman and the Vice Chairman of the Board of Directors of
DU-COMM will maintain their current offices while serving on the
Executive Committee.
b. Vacancies: An Executive Committee office shall be deemed vacant
If the occupant ceases to be an employee of a member and upon
the death, resignation or removal of the occupant. The Chairman of
the Board of Directors shall appoint a successor to fill the vacant
office until the next bl-annual election for that office. Any
appointments made to fill a vacancy shall remain consistent with
the organizational structure as defined in section 2 (a.)
Membership: DU-COMM Executive Committee.
c. Removal: The Board of Directors may remove an elected or
appointed officer of the Executive Committee whenever, in the
Board's judgment, the best interest of DU-COMM would be served
by the removal.
4. Meetings:
a. Regular meetings: Regular meetings shall be held monthly. The
Secretary/Treasurer shall cause notice of all meetings, Including an
agenda, to be mailed to each member of the Executive Committee
at least seven (7)days before the meeting.
b. Special meetings may be held at the call of the Chairman, by the
Executive Committee upon Its own motion, or called by the i
Chairman upon the written request of a majority of the Executive
Committee members. The date, time and place of special meetings
shall be determined by the Chairman. The Secretary/Treasurer
shall cause notice of special meetings, including an agenda, to be
given to each member of the Executive Committee at least forty-
As amended,December 7,2010 7
eight (46) hours before the meeting. Only those items appearing on
the agenda may be considered at a special meeting.
5. Quorum:
A majority of the members of the Executive Committee shall constitute a
quorum for the transaction of business at a meeting of the Executive
Committee. If less than a majority is present at a meeting, a majority of
the Executive Committee members present may adjourn without further
notice.
6. Voting;
a. Each Executive Committee member attending shall be entitled to
cast one vote.
b. No proxy or absentee votes are allowed.
7. Duties:
The Executive Committee shall;
a. Ensure that decisions concerning development, operation, cost
sharing, expenditure approval, personnel and equipment utilization
are consistent with the purpose of DU-COMM, the policies
established by the Board of Directors and the limits fixed by the
approved budget;
b. Review and approve, from time to time as necessary, DU-COMM's
Personnel Manual;
c. Conduct the annual review of the Executive Director, and make a
recommendation on any salary Increase to the Board of Directors
for consideration at the April meeting;
d. Review the draft budget prepared by the Executive Director and
submit recommendations to the Board of Directors at least thirty
(30) days before the Board of Directors'January meeting;
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e. Transfer funds within the total budget to meet unanticipated needs
or to meet changed conditions. Any transfer in excess of $10,000 ,
for any single purpose shall be reported as soon as possible after
the transfer, and in no event later than the next regular or special
meeting of the Board of Directors;
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As amended,December 7,2010 8
f. Subject to the policies determined by the Board of Directors,
contract with other units of local government and other
governmental entities and agencies as authorized in the Illinois
Intergovernmental Cooperation Act for their use of DU-COMM's
facilities, equipment and services and to establish appropriate
charges therefore. Except as specifically provided herein, no
contract or other obligation of DU-COMM shall be binding unless
approved by the Executive Committee;
g. Conduct long term-planning on capital improvements, and multi-
year expenditures;
h. Review monthly the facility operations, financial reports, and the
Executive Director's report;
I. Review and recommend the disposal of surplus equipment as
defined under the current policy of the Board of Directors and
Illinois State Statute;
j. Review and recommend adoption of the annual audit to the Board
of Directors;
k. Approve any budgeted expenditure in excess of$10,000.
C. Chiefs' Operations Committee
1. Membership:
a. The DU-COMM Chiefs' Operations Committee shall consist of each
Police Chief and Fire Chief whose unit of local government is a
member of DU-COMM. Each Police Chief and Fire Chief may
designate an alternate member of that police or fire department
who may serve on the Chiefs' Operations Committee in the
absence of the Police Chief or Fire Chief. Each Police Chief and
Fire Chief who designates an alternate must advise DU-COMM,
annually in writing each duly, of the alternate's identity.
2. Officers:
The Chiefs' Operations Committee shall have the offices of Chairman,
and Vice-Chairman.
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a. Chairman:
The Chairman shall: +
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1. Perform all duties incidental to the office of Chairman, and
those that may be prescribed by the Board of Directors
and/or the Executive Committee;
As amended,December 7,2010 9
ii. From time to time, to create such sub-committees as may be
needed for the Chiefs' Operations Committee to perform its
duties and to appoint two or more members of the Chiefs'
Operations Committee to each such sub-committee; and
ill.Serve as a member of the Executive Committee.
b. Vice Chairman:
i. Serve as a member of the Executive Committee.
'ii. In the absence of the Chairman, the Vice Chairman shall
perform the duties of the Chairman.
3. Election of Officers:
a. Election: At the June meeting of Chiefs' Operations Committee,
they shall elect a Chairman, and Vice-Chairman, each to serve a
term of one (1) year. The Chairman and the Vice-Chairman cannot
be from the same member and must represent a different branch of
service. The terms of newly elected officers shall commence at the
July meeting. The Vice-Chairman shall automatically move to the
position of Chairman in the subsequent year.
b. Vacancies: A Chiefs' Operations Committee office shall be deemed
vacant if the occupant ceases to be an employee of a member and
upon the death, resignation or removal of the occupant. The Chiefs'
Operations Committee shall appoint a successor to fill the vacant
office until the next annual election for that office.
c. Removal: The Board of Directors may remove an elected or
appointed officer of the Chiefs' Operations Committee whenever, in
the Board's judgment, the best interest of DU-COMM would be
served by the removal.
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4. Meetings: !�
a. Regular meetings: Regular meetings shall be held bi-monthly.
Notice of the regular meetings, including an agenda, shall be
mailed to each member of the Chiefs Operations Committee at
least seven (7)days before the meeting.
b. . Special meetings may be held at the call of the Chairman, by the
Chiefs' Operations Committee upon its own motion, or called by the
Chairman, upon the written request of a majority of the Chiefs
Operations Committee members or their alternates. The date, time
As amended,December 7,2010 10
and place of special meetings shall be determined by the
Chairman. The Chairman, shall cause notice of special meetings,
Including an agenda, to be given to each member of the Chiefs'
Operations Committee at least forty-eight (48) hours before the
meeting. Only those items appearing on the agenda may be
considered at a special meeting.
5. Quorum:
A majority of the members of the Chiefs' Operations Committee shall
constitute a quorum for the transaction of business at a meeting of the
Chiefs Operations Committee, if less than a majority is present at a
meeting, a majority of the Chiefs' Operations Committee members
present may adjourn without further notice.
6. Voting:
a. Each Chiefs Operations Committee member attending shall be
entitled to cast one vote.
b. No proxy or absentee votes are allowed.
7. Duties:
The Chiefs'Operations Committee shall;
a. Review written directives of the Executive Director regarding
standard operating procedures concerning police, fire and EMS
dispatching, equipment utilization regarding the computer systems '
and the communications systems.. Any concerns raised by
Committee members that are not addressed by the Executive
Director may be submitted to the Executive Committee for review.
b. In concert with the Executive Director, provide oversight and
direction regarding short- and long-range planning issues, future
needs relative to computer systems-and communications systems,
statistical reporting documents, additional service needs and
agency and inter-agency relationships.
c. To form sub-committees) as needed from time to time to assist in
the oversight and monitoring of operations and/or to deal with
special issues or needs.
d. To assist DU-COMM from time to time in lobbying legislators (State i
and Federal) and/or State or Federal Agencies on issues affecting ;
public safety, in particular emergency dispatching and
communications systems and airwaves (Federal Communications
Commission).
As amended, December 7,2010 71
D. EXECUTIVE DIRECTOR
The Executive Director shall perform the duties authorized and/or
delegated to the position by the Board of Directors Including the following:
1. Oversee the day-to-day operations of DU-COMM including, but not
limited to, the hiring, supervising, discipline and termination of employees.
2. Prepare the proposed annual budget for initial review by the Executive
Committee and adoption by the Board of Directors.
3. Attend Board of Directors, Executive Committee, and Chiefs' Operations
Committee meetings, Provide advice and/or specific recommendations to
the various Boards and Committees as may be requested or needed on
matters of dispatch operations, administrative and technical (computer
and communications systems) issues, and overall management of DU-
COMM as a centralized dispatch center. The Executive Director shall not
be considered a member of the Executive Committee or the Chiefs'
Operations Committee.
4. All other duties assigned by the Board of Directors and as stated in DU-
COMM's Policy and Procedures.
5. Contract for any expenditure or revenue stream that Is less than $10,000
annually.
6. Approve any budgeted expenditure under$10,000,
7. Select the banks and other financial institutions that may be used as
depositories of DU-COMM's funds and securities in accordance with the
Investment Policy approved by the Board of Directors.
8. Review and recommend contracts with other agencies for the use of DU-
COMM facilities in conjunction with the Executive Committee and Chiefs'
Operations Committee. j
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ARTICLE IV- FISCAL YEAR AND BUDGET
A. Fiscal Year:
The fiscal year of DU-COMM shall begin May 1 and end on April 30.
B. Budget:
The Board of Directors shall adopt an annual budget at its annual meeting
in January. Immediately after adoption, copies shall be mailed to the
Clerk and Chief Executive Officer of each member agency.
As amended, December 7,2010 12
ARTICLE V- MEMBER CONTRIBUTION AND FEES
A. Police communication service recipients.
1. Existing members'annual fee:
Members shall share the authorized development costs, capital
equipment, capital assets and, operating costs of DU-COMM's common
systems. Each members share shall be equal to the ratio of the
authorized (budgeted) police personnel in the member's unit of local
government to the total authorized sworn (budgeted) police personnel in
all members' unit of local government.
2. New member's first year annual fees:
If, at a date after budget approval, another unit of local government is
admitted as a member of DU-COMM, the new member shall share the
authorized development costs, capital equipment, capital assets and
operating costs for all common systems. The amount to be contributed by
the new member shall be in accord with the provisions of DU-COMM's
policy then in effect. Any new capital or development costs to DU-COMM,
caused by the admission of the new member to DU-COMM shall be the
exclusive cost of and be paid by the new member.
B. Fire communication service recipients.
1. Existing members' annual fee:
Members shall share the authorized development costs, capital
equipment, capital assets and operating costs of DU-COMM's common
systems. Each member's share shall be equal to the ratio of the
assessed valuation of the members unit of local government to the total
assessed valuation of all members unit of local government.
2. New member's first year annual fees:
If, at a date after budget approval, another unit of local government is
admitted as a member of DU-COMM, the new member shall share the
authorized development costs for all common systems. The Executive
Committee shall decide the amount to be contributed by the new member
according to the provisions of DU-COMM's policy then in effect. Any new
capital or development costs to DU-COMM, caused by the admission of
the new member to DU-COMM shall be the exclusive cost of and be paid
by the new member.
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As amended,December 7,2010 13
C. Nothing in Section A or B of this Article shall prevent the DU-COMM Board
of Directors from assessing a fee to each DU-COMM member based upon
the actual cost of approved purchases of capital items and /or services
associated with capital items apart from each member agency's previously
approved share. The apportionment of the actual cost shall be based on
the member's use of the capital purchase or service.
D. Individual DU-COMM members may request DU-COMM to provide goods
and services over and above the basic communication services. The cost
of these goods and services shall be billed directly to the member agency
apart from the agency's budgetary share. Goods shall be billed at the
actual cost to DU-COMM while additional services will be billed at a price
to be negotiated between DU-COMM and the member agency. DU-
COMM may require a contract for services relative to the provision of
these additional services.
E. Each members' annual contribution shall be established by DU-COMM's
budget according to the method started in DU-COMM's Policy and
Procedures and may not be Increased without specific approval of the
corporate authorities of each participant. Written objections to such
contribution filed with DU-COMM within thirty (30) days of receipt of the
approved budget shall be deemed such members' notice of withdrawal in
accordance with Article VII of these Bylaws.
F. Periodic Payments:
Charges shall be paid quarterly by the first of the following months: May,
August, November and February. Any participant that does not pay its
charges within thirty (30) days after the date due shall not be permitted to
vote at meetings of the Board of Directors, Executive Committee and the
Chiefs'Operations Committee until payment is made.
Any payment made to DU-COMM will be applied to member requested
goods, services, and contracts first, and then to dispatch services.
Invoices for goods, services, or contracts will be issued on a monthly
basis.
G. Each member shall take all action required to authorize the expenditure of
funds of the unit of local government that are necessary to meet its
obligations under these Bylaws
As amended,December 7, 2010 14
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ARTICLE V1—ASSETS LIABILITIES, AND INDEMNIFICATION
A. DU-COMM may purchase, own and rent or lease, such real and personal
property, Including, land, buildings, equipment, furniture and fixtures, that
are necessary or convenient for it to fulfill its purpose.
B. All property, real and personal, acquired by DU-COMM shall be owned In
common by the parties to the Joint Public Safety Communications
Systems Agreement unless otherwise specified in a writing signed by all
members.
C. Unless otherwise provided by individual contracts, each member
participant of DU-COMM shall be liable for the debts and liabilities of DU-
COMM only for the authorized charges then owed by that member
participant. Persons or companies contracting with DU-COMM cannot rely
upon the assets of any member participant beyond the charges or single
current annual contribution amount previously agreed to by that member
participant under the then current budget.
D. Each member indemnifies and holds harmless all other members for all
losses, costs, expenses, liabilities, causes of action and actions, more
than its proportionate liability, against it that may be imposed upon such
other party.
E. Each member of the Board of Directors, Executive Committee and Chiefs`
Operations Committee serves In that capacity as an agent for the
member.
F. DU-COMM has the power to purchase and maintain a policy of insurance,
containing coverage commonly known as Errors and Omissions, on behalf
of any person who is an employee or agent of DU-COMM, so long as such
insurance Is available and is economically feasible.
ARTICLE VII—WITHDRAWAL, TERMINATION, AND DISSOLUTION
A. After the first year of membership in DU-COMM, any member may
withdraw from membership in DU-COMM by giving written notice of
withdrawal to DU-COMM, c/o the Executive Director, 600 Wall Street,
Glendale Heights, IL 60139-1900, or such other location where DU-
COMM then maintains the office of its Executive Director. Each of the
following acts shall also constitute notice of withdrawal;
1. Nonpayment of cost sharing charges as set forth herein; or,
As amended,December 7,2010 15
2. The refusal or declination of any participant to be bound by any of its
obligations under these Bylaws or set by the Board of Directors,
Executive Committee,or Chiefs' Operations Committee.
B. Conditions of withdrawal;
1. Withdrawal shall not be effective until ninety (90) days after the date of
notice.
2. After notice of withdrawal, the withdrawing member participant shall
continue to be responsible for:
a. Payment of 900% of its pro-rata share of DU-COMM's liabilities and
debt obligations existing on the date of withdrawal;
b. Payment of its share of operational costs through the effective date
of its withdrawal;
c. Continuing compliance with any contractual obligations it has
separately signed with DU-COMM; and
d. The prompt return of all DU-COMM's assets and equipment in its
possession.
3. if its withdrawal results in termination of the Joint Public Safety
Communications Agreement, then the withdrawing member participant
shall participate In the termination of this contract as set forth in Article
VII, Section C of these Bylaws.
C. If the withdrawal of a member participant reduces the number of remaining
member participants to less than that required to keep DU-COMM
operational or if two-thirds (2/3) of the member participants vote to
dissolve DU-COMM, then the Joint Public Safety Communications
Agreement shall terminate and DU-COMM as an entity shall be dissolved.
Upon dissolution, and after the payment of all debts, all assets or liabilities
of DU-COMM shall be proportionately distributed among the members
who had participated in DU-COMM for more than one (1) year before the
mandatary dissolution. The proportion a member receives is the ratio of its
payments for the preceding five (5) years to the total payments made by
the members at dissolution during the five (5)years preceding dissolution.
ARTICLE VIII- AMENDMENTS
These Bylaws may be amended at a meeting of the Board of Directors by a two-
thirds (2/3) vote of all directors if the proposed amendment was submitted In
writing to all directors at least thirty (30) days before the meeting at which the
proposed amendment is considered.
As amended,December 7, 2010 16
ARTICLE IX-MEETINGS
A. Except to the extent that these Bylaws or any rules adopted by the Board
of Directors Impose a stricter requirement, all meetings of the Board of
Directors, the Executive Committee and the Chiefs' Operations Committee
shall comply with the requirements of the Illinois Open Meetings Act 5
ILCS 12011 et seq. All notices and agendas of public meetings shall be
posted to DU-COMM's website.
B. Unless inconsistent with these Bylaws, Robert's Rules of Order shall
govern the conduct of all meetings of the Board of Directors, Executive
Committee and Chiefs' Operations Committee.
C. DU-COMM shall maintain and distribute copies of all minutes of the Board
of Directors, Executive Committee and Chiefs' Operations Committee to
each of the member agencies.
As Ad d by the Board of Directors:
Chairma avid m
Attest:
Secrets ohn.!. Fi her
Date
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As amended,December 7,2010 17
JOINT PUBLIC SAFETY COMMUNICATIONS SYSTEM AGREEMENT
THIS AGREEMENT, entered into on the effective date here-
inafter set forth, by and between the local governments signa-
tory hereto (and also those which may hereinafter become signa-
tory hereto) :
W I T N E S S E T H:
WHEREAS, the signatories hereto have determined that there
is a need by local governments within Northeastern Illinois for a
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centralized public safety communications system; and
WHEREAS, it has been determined by such signatories that
public safety communications is of value on an individual and
mutual basis; and
WHEREAS, a centralized public safety communications system
can adequately serve the needs of all of such signatories; and
WHEREAS, Article VII, Section 10 of the 1970 Consititution
or the State of Illinois authorizes joint exercise by two or more
local governments of any power common to them; and
WHEREAS, it is the desire of the signatories hereto to
jointly provide for and maintain a centralized public safety com-
munications system for their mutual advantage and concern;
h
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES,
THE MUTUAL ADVANTAGES TO BE DERIVED THEREFROM AND IN CONSIDERA-
TION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY
AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. Venture Established. Pursuant to the joint powers
authorization of the Illinois Constitution, the undersigned do
hereby federate together in a co-operative venture for the joint
and mutual operation of a centralized public safety communications
system, to be known as "DUPage Public Safety Communications"
(hereinafter designated as Du-Comm) which shall consist of all
of the local governments signatory hereto (and also those local
governments which may hereinafter become signatory hereto) .
2. By-Laws. DU-COMM shall be subject to and shall be
governed by these certain By--Laws, a copy of which is attached
hereto as Exhibit "A" and by this reference made a part of this
agreement, together with any amendments which may be made to
said By-Laws in the manner and means therein set forth.
3. DU-COMM Participation. Each local government to this
joint public safety communications system (and each local govern-
ment which may hereafter sign, after approval as required by the
By-Laws, provided such local governments are elegible to partici-
pate pursuant to said By-Laws) is a member of DU-CORM and is
entitled to the rights and privileges and is subject to the obli-
i
gations of membership, all as provided in said By-Laws.
-2-
4. Termination. Any party to this Agreement may cease
to be a party hereto and may withdraw from participation in
DU-COMM in the manner and means set forth in said By--Laws.
5. Powers of the System_. DU-COMM Shall have the power
in its own name, to make and enter into contracts, to employ
agents and employees, to acquire, hold and dispose of property,
real and personal, and to incur debts, liabilities or obli-
gations necessary for the accomplishment of its purposes, but
no such contract, employment, purchase, debt, liability, or
obligation shall be banding upon or obligate any member except
as authorized by the attached By-Laws. DU--COMM shall not have
the power to eminent domain or the power to levy taxes.
6. Amendment. This Agreement may not be amended, except
by written .agreement and resolution of all the then parties to
it, provided, however, the By-Laws attached hereto as Exhibit
1
"A" may be amended from time to time by the method and means
provided herein.
7. Duration. This Agreement and DU-COMM shall continue
in effect until rescinded by consent of two-thirds of the then
parties or until terminated in the manner provided in said
By-Laws. Upon such termination, the assets remaining shall
be disposed of in the manner set forth in said By-Laws.
8. Ordinance Authorizing. Prior to execution of this
i
Agreement, each member shall deliver to the other a certified
copy of an Ordinance authorizing and directing the execution
of this Agreement.
-3- 1
9. Effective Date. This Agreement shall become effective
when signed by the last of the Village of Bartlett, the Village
of Carol. Stream, the City of Elmhurst, the Village of Glen Ellyn,
the Village of Glendale Heights, the Village of Lombard, and
the Village of Villa Park.
IN WITNESS WHEREOF; the undersigned local governments have
set their signatures on the respective dates set forth below.
This document may be signed in duplicate originals.
VILLAGE F BARTLET
ATTEST;
Date: �r ��71�-
VILLAG OF CAROL/STREAM
BY
ATTEST:
Date:
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CITY OF E UR'SR
BY:
ATTEST:
Date: 2 L 9 7-5
VILLAGE OF GLEN ELLYN
BY: .._ \V1A',--^3 )CV-V%-&3n to
ATTEST: ff �
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Date; ��/,l ,l
VILLAGA,POF GLEND EIGHT
BY:
ATTEST:
Date:
VILLAGE OF LOMBARD
/ BY-.
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ATTEST:
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DATE: S y
CITY OF WHEATON
BY
ATTEST: UCM✓.
DATE:
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J .DONALD FOSTfEA
PAUL NETZEi City Adminlstratof.
Mayor �`
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SIGNATURE PAGE TO
MASTER INTERGOVERNMEwtm AGREEMENT .
WT TIC
DU--COMM
CITY OF WFU$T CHICAGO
ATTEST
DATE or ORDINANCE
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ADDISON FIRE PROTECTION DISTRICT
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ATTEST:
Date:
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VILLAGE. Ott ROSELLE
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WOODRIDOE POLICE DEPARTMENT
ATTEST:
Date:
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a CITY OF DARIBN
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BY:
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Illinois
ATTEST:
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EXHIBIT A I
jQWT PvBpp.BAPETY COMMUNICATIONS SYSTEM AGREE:MENT
VUlaga.of.l.isle 0?din rice hlo.�010•�F34G
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ayor Joseph Bro a
ATTEST:
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Darien-Woodridge Fire Protection District,
an Minois municipal corporation,DuP;ige
County,Illinois
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Pxesideiat of Mind of Trusts
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Date: October 20,2010
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dbVillage of Oak Brook
1200 Oak Brood Road - Oak Brook, Illinois 60523-2255
(630) 368-5000 •Facsimile(630) 368-5045
SIGNATURE PAGE TO
MASTER INTERGOVERNMENTAL AGREEMENT
WITH THE
DUPAGE PUBLIC SAFETY COMMUNICATION COOPERATIVE (DUCOMM) {
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VILLAGE OF OAK BROOK '.
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Gopal G. i_a}malani,Village President
ATTEST: ' £`�
Charlotte K. Pruss
z
Date of Resolution: October 25. 2011 .
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AGENDA ITEM
Regular Board of Trustees Meeting
of
October 25, 2011
SUBJECT: DU-COMM Intergovernmental Agreement
FROM: Blaine Wing,Assistant Village Manager 0
BUDGET SOURCE/BUDGET IMPACT: 3% Administration Fee (Seeking Reimbursement — See
below)and then ongoing budget savings to the Police Department Budget
RECOMMENDED MOTION: I move that the Village Board authorize the Village of Oak Brook's
participation and membership in the DuPage Public Safety Communication Cooperative
(DU-COMM)and approve Resolution 2011-AG-DUCOMM-EXI-R-1138.
Background/History:
After three(3)years of assessing the Village's long-term options on how to best staff emergency
dispatching services,on August 18, 2011 the Village Board directed staff to begin the necessary steps to
consolidate services and become a member of DU-COMM.
Following the Board's direction, staff sought and received during the month of September DU-COMM's
Chiefs' Committee and Executive Committee approvals to accept the Village into DU-COMM. Finally,
on the morning of October 25th,the DU-COMM's Board of Director's will vote to approve Oak Brook's
membership request,pending the outcome of the Oak Brook Board meeting on the evening of the 25h.
Staff from the Police,Fire,Administration,HR and IT Departments will continue to work with
DU-COMM staff and in November a draft consolidation cutover timeline should be ready to share with
the Village Board. The current target cutover date is somewhere between June and July of 2012,and
depends mainly on the process of the county-wide radio project.
Attached are DU-COMM's IGA and By-laws, as well as resolution approving Oak Brook's participation
and membership in DU-COMM. A few of the top highlights of membership in DU-COMM are:
• Reduce the Village's emergency dispatching cost significantly over the next 5 years and beyond
• Village representation(Board as well as both Police and Fire Chiefs)
• Improved overall service and technology for residents,visitors,and businesses in Oak Brook
Recommendation:
Staff recommends that the Village Board authorize the attached resolution and 3% administration
membership fee(which will the Village will seek reimbursement from the ETSB for in 2012).
RESOLUTION 2011-AG-DUCOMM-EXI-R-1138
A RESOLUTION APPROVING THE VILLAGE OF OAK BROOK'S
PARTICIPATION IN THE DUPAGE PUBLIC SAFETY COMMUNICATION
COOPERATIVE("DU-COMM")AND AUTHORIZING EXECUTION OF DU-COMM'S
JOINT PUBLIC SAFETY COMMUNICATIONS SYSTEM AGREEMENT
WHEREAS, the Village of Oak Brook, is an Illinois municipal corporation;and
WHEREAS, the Constitution of the State of Illinois, 1970 Article 7, Section 10 and the Illinois
Intergovernmental Authorization Act (5 ILCS 220/1 et.seq.) authorize units of local government to
contract and otherwise associate themselves in any manner not prohibited by law or ordinance, and to
exercise and combine with any other unit of local government, any power or powers, privileges,
functions or authority exercised by a unit of localgovemment;and
WHEREAS, the Corporate Authorities of the Village of Oak Brook have determined that it is in the
best interest of the public health,safety and welfare,and in accordance with the Illinois Constitution and
the Intergovernmental Cooperation Act, to join the DuPage Public, Safety Communication Cooperative,
which operates a centrar¢ed public safety oaruiunvrilionssyslernwilhin Nalheastern 11nas(hereinafter "Du-Comm');and
WHEREAS, Du-Comm is governed by, and operates pursuant to, the Joint Public Safety
Communications System Agreement attached to this Resolution as Exhibit A("Agreement"); and
WHEREAS, in order to join Du-Comm, the Vgage is required to pass a Resolution approving its
participation in Du-Comm and to execute the Agreement; and
WHEREAS, the Village President and Board of Trustees have determined that approving the
Village's participatin in Du-Comm and authorizing the Agreement is in the best interests of the Village
and its residents;
NOW THEREFORE BE IT ORDAINED, by the President and Board of Trustees of the Village of Oak
Brook,DuPage and Cook Counties,Illinois as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of,this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of Participation in Du-Comm. The President and Board of Trustees
hereby approve the participation in DuComm by the Village pursuant to the Agreement attached to this
Resolution as Exhibit A.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the Agreement on behalf of the Village after review
and approval of the final form of the Agreement by the Village Manager and the Village Attorney.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
Resolution 2011 AG-DUCOMM-EXI-R-1138
Participation in DUCOMM
Page 2 of 3
APPROVED THIS 25th day of October, 2011
Gopal G. Lalmalani
Village President
PASSED THIS 251"day of October,2011
Ayes: Trustees Aktipis, Manzo, Roy, Wolin, Yusuf and Zannis
Nays: None
Absent: Soule
11 F~.k ATTEST:
Charlotte K. Pruss
G •� i
,o o Village Clerk
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