G-944 - 03/08/2011 - POLICE DEPARTMENT - Ordinances Supporting Documentsillf i
AGENDA ITEM
Regular Board of Trustees Meeting
of
March 8, 2011
SUBJECT: EXPANSION OF ADJUDICATION HEARING
FROM: THOMAS SHEAHAN, CHIEF OF POLICE
BUDGET SOURCE/BUDGET IMPACT: $20,000 to
REVENUE
ITEM I O.B.1)
TED ADDITIONAL
RECOMMENDED MOTION: I MOVE THAT THE VILLAGE BOARD APPROVE
THE ORDINANCE AUTHORIZING THE POLICE DEPARTMENT TO EXPAND THE
ADMINISTRATIVE HEARING PROGRAM FOR ORDINANCE VIOLATIONS UNDER
RETAIL THEFT AND UNDERAGE POSSESSION/ CONSUMPTION OF ALCOHOL.
Back ground /History:
The Police Department currently uses the Administrative Hearing process for tows concerning
the following violations:
• DUI Alcohol / Intoxicating compounds
• Driving While License Suspended / Revoked
• No Valid License
• Active Warrant FTA for DWLS, DWLR, DUI
• Soliciting, possessing, attempt to solicit cannabis or control substance
• Vehicle used in commission or attempted commission of felony offense
relating to cannabis or controlled substance.
In September of 2010, the board voted to expand the Administrative Hearing program to include
village ordinance violations for Retail Theft and Underage Possession/ Consumption of Alcohol.
The accompanying ordinance authorizes these ordinance violations to be brought into the
Administrative Hearing process. In 2009, the Oak Brook Police Department made 183 arrests for
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village ordinance violations of Retail Theft. Additionally, 10 arrests were made for Underage
Possession/ Consumption of Alcohol.
Below is an example of the current break down of fines relating to local ordinance Retail Theft
and Underage Possession/ Consumption of Alcohol arrests that are being adjudicated in the
Addison Field Court House compared to if Oak Brook were adjudicating these cases.
When a local ordinance court case is brought in front of a Judge at the DuPage County Field
Court in Addison, the fine can be up to $750.00, the judge has the discretion on setting the fine,
but it's rarely greater than the required bond of $75.00. Per the DuPage County Clerk's office,
the fines and fees pay schedule for local ordinance offenses is different on every case and charge.
The pay out to Municipalities is based on a percentage of the fines and fees which is
approximately 40% and is not paid out until the money is received from the defendant. The fines
and fees are split between DuPage County and the Municipality. When a case is on the docket at
Addison Field Court for a local ordinance case, the officer is present for his regular traffic court
date. Processing the paperwork for these types of ordinance violations usually can take an officer
up to (1) hour depending on the circumstances. Officers would not be required to attend the
Administrative Hearing for these ordinance violations and thus no additional court time would be
incurred. The Village Prosecutor and the Administrative Hearing Officer have agreed to attempt
to hear these violations during the current Administrative Hearing that is currently on the second
Wednesday of each month.
The Police Department Command Staff needs to finalize some operational issues relative to the
bond amount, currently set at $75 for these violations, and logistical issues with other
departments within the village.
Since the inception of the Administrative Hearing process in March of 2010 for certain police
tows, $94,500 in revenue has been generated. It is anticipated that adding these ordinance
violations to the process could generate an additional $20,000 to $40,000 in revenue.
The Police Department believes that these additional violations heard before the Administrative
Hearing Officer will generate an additional cost to the program in the following areas:
• The Hearing Officer will conduct the local ordinance hearings on the same hearing dates
as the current Tow Program cases. The Village would have to pay for the additional time
of the Hearing Officer at $185.00 per hour. It-would take approximately 2 extra hours
per month.
• The Village Prosecutors Office would be needed to prosecute the cases. The village
would have to pay for the additional time of the Prosecutor at $185.00 per hour. It will
take approximately 2 extra hours per month.
• The amount of work hours the PTE Administrative Adjudication Clerk will have to be
increased from 12 hours per week to 19 hours per week. This would be an additional
$105.00 in salary per week.
We have the ability to use the current MSI programs for the expansion of the Administrative
Adjudication Hearings with no additional fees paid out.
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REVENUES
193 violations (2009) x $200(fine) = $38,600
Administrative Hearing Officer (2) additional hours per month
$4,440 per year
Village Prosecutor (2) additional hours per month
$4,440 per year
Part Time Administrative Hearing Clerk (28) additional hours per month, salary and FICA
$5845 per year
Total additional expenses= $14,725
Approximate additional revenue minus expenses $23,875
Recommendation:
That the Village Board approves the ordinance authorizing the police department to expand the
Administration Adjudication Hearing Program to include village ordinance violations for Retail
Theft and Underage Possession/Consumption of Alcohol.
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ORDINANCE 2011- PD -OF -G -944
AN ORDINANCE PROVIDING FOR ADMINISTRATIVE ADJUDICATION
TITLE SIX OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS
WHEREAS, 65 ILCS 511 -2.2 -1 et seq. (Public Act 90 -516) (hereinafter the "Statute ") permits the
Village of Oak Brook (Village) to provide for a system of administrative adjudication of municipal
ordinance violations subject to certain exceptions; and
WHEREAS, the Village believes it is cost effective to provide for a system of administrative
adjudication for violations of its ordinances as provided by the Statute.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK.
Section 1: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: Title One of Village Code of the Village of Oak Brook is hereby amended by adding
Chapter 15: CODE HEARING DEPARTMENT, as follows:
Sec. 1 -15-1: PURPOSE:
The stated purpose of this Chapter is to provide for the fair and efficient enforcement of Village
ordinances as may be allowed by law and directed by ordinance, through an administrative
adjudication of violations of such Village ordinances and establishing a schedule of fines and
penalties, and authority and procedures for collection of unpaid fines and penalties.
Sec. 1 -15 -2: CODE HEARING DEPARTMENT ESTABLISHED:
(a) There is hereby established a code hearing department and system for violations of
traffic regulations, parking regulations, and other ordinance violations as specifically set
forth in this article, the function of which is to expedite the adjudication of certain code
and ordinance violations described herein in the manner set out in state statute and this
chapter.
(b) The adoption of this article does not preclude the Village from using other lawful methods
to enforce provisions of its Code and ordinances.
Sec. 1 -15 -3: ADMINISTRATIVE COMPOSITION:
The Oak Brook Code Hearing Department shall be composed of a Hearing Officer, a Code
Enforcement Administrator and hearing room security personnel, with the power and authority as
hereinafter set forth:
A. Hearing Officer:
The Hearing Officer shall provide over all adjudicatory hearings and shall have
the following powers and duties:
a. Hearing testimony and accepting evidence that is relevant to the
existence of the Code violation;
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b. Issuing subpoenas directing witnesses to appear and give relevant
testimony at the hearing, upon the request of the parties or their
representatives;
C. Preserving and authenticating the record of the hearing and all exhibits
and evidence introduced at the hearing;
d. Issuing and signing a written finding, decision and order stating whether
a Code violation exists; and
e. Imposing penalties consistent with applicable Code provisions and
assessing costs upon finding a party liable for the charged violation,
except however, that in no event shall the Hearing Officer have authority
to impose a penalty of incarceration or any other penalty in excess of
that allowed by law.
2. Prior to conducting administrative adjudication proceedings, the Hearing
Officer shall have successfully completed a formal training program which
includes the following:
a. Instruction on the rules of procedure of the administrative hearings
which the Hearing Officer shall conduct;
b. Orientation to each subject area of the Code violations that they will
adjudicate;
C. Observation of administrative hearings; and
d. Participation in hypothetical cases, including ruling on evidence and
issuing final orders.
In addition, a Hearing Officer must be an attorney licensed to practice law in the
State for at least three (3) years.
B. Office of the Ordinance Enforcement Administrator:
The Ordinance Enforcement Administrator is authorized and directed to:
1. Operate and manage the system of administrative adjudication of Village
ordinance violations as may be permitted by law and directed by ordinance.
2. Adopt, distribute and process all notices as may be required under this Chapter
or as may be reasonably required to carry out the purpose of this Chapter.
3. Input of violation notice information.
4. Establish court dates and notice dates.
5. Record fines and payments.
6. Issue payment receipts.
7. Issue succeeding notice of hearing dates and /or final determination of liability.
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8. Collect monies paid as fines and /or penalties assessed after a final determination
of liability.
9. Certify copies of final determinations of an ordinance violation adjudicated
pursuant to this Chapter, and any reports verifying the final determination of any
violation liability which was issued in accordance with this Chapter, the laws of
the State, including 525 Illinois Compiled Statutes 5/11- 306.5.
10. Collect unpaid fines and penalties through private collection agencies and
pursuit of all post - judgment remedies available by law.
Sec. 1 -15-4: VIOLATIONS SUBJECT TO ADMINISTRATIVE ADJUDICATION:
Violations of the Code of Ordinances of the Village of Oak Brook subject to administrative
adjudication under this Chapter shall be:
A. Those set forth in Title 6, Chapter 1, Section 6 -1 -11, "Retail Theft "; and
B. Those set forth in Title 4, Chapter 1, Section 4- 1- 23(F)(1), "Unlawful Possession and
Consumption By Persons Underage ".
Sec. 1 -15 -5: PROCEDURE:
The system of administrative adjudication of any Village ordinance violation authorized to be
adjudicated hereunder, shall be in accordance with the following procedures:
A. Violation notice of any ordinance violation shall be issued by the persons authorized
under this Code and shall contain information and shall be certified and constitute prima
facie evidence of the violation cited as hereinafter set forth.
B. Police officers and community service officers, as well as other specifically authorized
individuals, shall have the authority to issue violation notices.
C. Any individual authorized hereby to issue violation notices and who detects an ordinance
violation is authorized to issue notice of violation thereof and shall make service thereof
as is hereinafter set forth.
D. The violation notice shall contain, but shall not be limited to, the following information:
1. The name of the party violating the ordinance.
2. The date, time, and place of the violation.
3. The particular ordinance violated.
4. The name of the witnesses to the alleged violation.
5. The signature and identification number of the person issuing the notice.
6. The date, time, and place of the administrative hearing in which the alleged
violation may be contested on its merits.
E. Service of any violation notice shall be made by the person issuing such notice by:
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Hand delivering a notice of violation of any ordinance violation to the alleged
violator;
2. Handing the notice to the responsible person or leaving the notice with a person
twelve (12) years of age or older at the residence of the responsible person; or
3. Mailing the notice by first class mail to the person responsible for the ordinance
violation.
F. The correctness of facts contained in any violation notice shall be verified by the person
issuing said notice by:
1. Signing his/her name to the notice at the time of issuance; or
2. In the case of a notice produced by a computer device, by signing a single
certificate, to be kept by the Ordinance Enforcement Administrator, attesting to
the correctness of all notices produced by the device while under his /her control.
G. An original or facsimile of the violation notice shall be retained by the Ordinance
Enforcement Administrator and kept as a record in the ordinary court of business of the
Village.
H. Any violation notice issued, signed, and served in accordance herewith, or a copy of the
notice, shall be prima facie correct and shall be prima facie evidence of the correctness
of the facts alleged in the violation notice.
Sec. 1-115-6: SUBPOENAS:
At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the
request of either party, direct witnesses to appear and give testimony at the hearing.
Sec. 1 -15 -7: ADMINISTRATIVE HEARINGS:
An administrative hearing to adjudicate any alleged ordinance violation on its merits shall be held
at the date, time and place as set forth by the Ordinance Enforcement Administrator and in the
violation notice. All administrative hearings shall be recorded and shall culminate in a
determination of liability or nonliability, made by the Hearing Officer, who shall consider facts
and /or testimony without the application of the formal or technical rules of evidence. Evidence,
including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable
prudent persons in the conduct of their affairs. The Hearing Officer shall, upon a determination of
liability, assess fines and penalties in accordance with Section 1 -15 -10 of this Chapter. Persons
appearing to contest the alleged violation on its merits may be represented by counsel at their
own expense. The burden of proof shall be on the alleged offender to refute the prima facie case
set forth in the verified notice of violation.
If on the date set for the hearing the defendant or his or her attorney fails to appear, the hearing
officer may find the defendant in default and shall proceed with the hearing and accept evidence
relevant to the existence of a code violation.
Sec. 1 -15-8: FINDINGS, DECISION, AND ORDER:
At the conclusion of the hearing, the hearing officer shall make a determination on the basis of
the evidence presented at the hearing as to whether or not a code violation exists. The
determination shall be in writing and shall be designated as findings, decision and order. The
findings, decision and order shall include (i) the hearing officer's finding of fact; (ii) a decision of
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whether or not a code violation exists based upon the findings of fact; and (iii) an order that states
the sanction or dismisses the case if a violation is not proven. A monetary sanction for a violation
under this Chapter shall not exceed the amount provided for in 65 ILCS 5/1 -2.2 in its current form
and as amended from time to time. A copy of the findings, decision, and order shall be served on
the form and as amended from time to time. A copy of findings, decision and order shall be
served on the defendant within five (5) days after it is issued. Service shall be in the same
manner as described in Section 1- 15 -5(E). Payment of any penalty or fine and the disposition of
fine money shall be in the same manner as set forth in the Chapter, unless the corporate
authorities provide otherwise.
Sec. 1 -15 -8: JUDICIAL REVIEW:
Any final decision of a Hearing Officer that a Code violation does or does not exist shall constitute
a final determination for purposes of judicial review under the Illinois Administrative Review Law.
The findings, decision and order of the Hearing Officer shall be subject to review in the Circuit
Court of the County in which the Village is located.
Sec. 1 -15 -9: JUDGMENT ON FINDINGS, DECISION AND ORDER:
A. Any fine, other sanction, or costs imposed, or part of any fine, other sanction or costs
imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial
review procedures under the Administrative Review Law shall be a debt due and owing
the Village and, as such, may be collected in accordance with applicable law.
B. After expiration of the period within which judicial review under the Administrative Review
Law may be sought for a final determination of the code violation, the Village may
command a proceeding in the Circuit Court of the County in which the Village is located
for purpose of obtaining a judgment of findings, decision and order. Nothing in this
section shall prevent the Village from consolidating multiple findings, decisions and
orders against a person in such a proceeding. Upon commencement of the action, the
Village shall file a certified copy of the findings, decision and order, which shall be
accompanied by a certification that recites facts sufficient to show that the findings,
decision and order, was issued in accordance with this Chapter and the applicable
provisions of the Village Code. Service of the summons and a copy of the petition may be
by any method provided that the total amount of fines, other sanctions, and costs
imposed by the findings, decision, and order does not exceed $2,500.00. If the court is
satisfied that the findings, decision and order was entered in accordance with the
requirements of this Chapter and the applicable provisions of the Village Code and that
the defendant had an opportunity for a hearing under this Chapter and for judicial review
as provided in this Chapter:
1. The Court shall render judgment in favor of the Village and against the defendant
for the amount indicated in the findings, decision and order, plus costs. The
judgment shall have the same effect and may be enforced in the same manner
as other judgments for the recovery of money;
2. The Court may also issue any other orders and injunctions that are requested by
the Village to enforce the order of the Hearing Officer to correct a code violation.
Sec. 1- 15 -10: HEARING PROCEDURES NOT EXCLUSIVE:
This Chapter does not preclude the Village from using other methods to enforce the provisions of
the Village Code.
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Section 3: Severability. Should a Court of competent jurisdiction determine that one or more
sections or subsections of this ordinance is or are invalid, the remaining sections or subsections shall
remain in full force and effect.
Section 4: If any section, paragraph, clause or provision of this ordinance shall be held
invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
APPROVED THIS 8th day of March, 2011.
PASSED THIS 8th day of March, 2011.
Ayes:
Nays:
Absent:
John W. Craig
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk