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Home My WebLink About96-311 Resolution No. 96-311 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH KANE COUNTY FOR CHILD SEX OFFENDER NOTIFICATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with Kane County for child sex offender notification, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: November 6, 1996 Adopted: November 6 , 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk p, INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND THE KANE COUNTY SHERIFF, THE CITY OF ELGIN AND THE CHIEF OF THE ELGIN POLICE DEPARTMENT This Agreement is made and entered into this /3 day of DeA , 1996, between Kane County and it' s Sheriff, Kenneth R. Ramsey and the City of Elgin and it' s Chief of Police to facilitate the purposes of 730 ILCS 152/101 et seq. , the "Child Sex Offender and Murderer Community Notification Law" hereinafter the "Law" . WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorized units of local government to contract among themselves so as to exercise, combine, or transfer any power or function to any manner not prohibited by law or by ordinance; and WHEREAS, the Intergovernmental Cooperation Act 5 ILCS 220/1 et seq. , provides that any power or 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 the 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 Kane County Sheriff shall provide the mandatory Child Sex Offender and Child Murderer Community Notification as required by the Law on behalf of the Elgin 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 Kane County Sheriff will undertake on behalf of the Elgin Police Department the mandatory notification of registered child sex offenders and child murderers as required by Sectioil .120 (a) of the Child Sex Offender and Child Murderer Community Notification Act . It is and will remain the sole responsibility of the Elgin 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 the Elgin Police Department shall be submitted to the Kane County Sheriff 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 Kane County Sheriff. 3 . The Elgin Police Department has chosen Chief Burns or his designee as their point of contact for purposes of the Child Sex Offender and Child Murdered Community Notification Act . If at any time there is a change regarding the identity of the above designated point of contact, the Elgin Police Department agrees to immediately notify the Kane County Sheriff' s Department . 4 . That Section 120 (a) of the Child Sex Offender and Child Murderer Community Notification provides that mandatory notification of registered child sex offenders and child murderers by given by the law enforcement agency during the first two weeks of February, May, August, and November of each year. Accordingly, the Elgin Police Department agrees to . provide the Records Supervisors of the Kane County Sheriff 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 Kane County Sheriff will not undertake nor be responsible for any mandatory community notification as required by the Act . If the Elgin Police Department fails to provide the requisite information to the Kane County Sheriff by the aforesaid dates, the Sheriff will so notify the law enforcement agency in writing and it shall thereafter be the sole responsibility of the Elgin Police Department to provide the mandatory notification of registered offenders within their jurisdiction. 5 . The Records Supervisor of the Kane County Sheriff may determine the form by which the offender information is to be provided to the Sheriff' s 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 Kane County Sheriff 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. The draft shall be submitted to the Elgin 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 Kane County Sheriff' s Department shall be in the form as set forth in Exhibit "A: which is attached hereto and incorporated herein by reference . 8 . The Kane County Sheriff agrees to provide notification to those entities named by the Department of State Police which are, located within Kane County. To the extent that mandatory notification is required to be given to those entities outside the County of Kane on account of the fact that the jurisdiction of the law enforcement agency extend beyond the territorial limits of Kane County, it shall remain the obligation of the law enforcement agency to so notify them. 9 . The City of Elgin agrees, to the fullest extent provided by law, to defend, indemnify, and hold harmless the County of Kane, the Kane County Sheriff and any of their agents, officials, or 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 given claim, the County of Kane or the Kane County Sheriff shall promptly notify the City of Elgin and thereafter cooperate with the defense of any and all claims . 10 . Either party may terminate this Agreement upon thirty (30) days written notification for any or no reason. 11 . This Agreement shall be effective upon the signature of the duly authorized representative of the parties . The Agreement may be modified upon the written request and agreement of the parties . por • Chief d6 utee. Kenneth R. Ramsey Elgin Police Department Kane County Sheri 2//// '' City of Elgin = - - ••..- - lc 9e , /if Mayor, City of Elgin Chairman, Kane County Board `�/J •. • OF f�C %t'~a Agenda Item No. City of Elgin 00011. October 17, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Agreement with Kane County for Child Sex Offender Notification PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with the Kane County Sheriff whereby the Sheriff will make notifications on behalf of the City as required by the Child Sex Offender Community Notification Law. BACKGROUND The Illinois Child Sex Offender Community Notification Law requires the Chief of Police in any municipality in which a child sex offender expects to reside to receive registration of and disclose the names, addresses and offense of all registered child sex offenders to various entities (schools, day care centers, etc. ) . The Kane County Sheriff has offered to make the requisite disclosures on behalf of the City, which will reduce the duplication of such notification efforts and associated expense. Other cities within Kane County have taken advantage of this offer from the Sheriff. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT This agreement will relieve the Elgin Police Department of much of the workload for this unfunded mandate. LEGAL IMPACT None. Child Sex Offender Notification October 17, 1996 Page 2 ALTERNATIVES The City may choose to make the required notifications without the assistance of the Kane County Sheriff 's Department. RECOMMENDATION It is recommended that the City enter into an agreement with Kane County for the transfer of the notification requirements under the Illinois Child Sex Offender Community Notification Law to the Kane County Sheriff 's Department. Respectfully submitted, CJ1a,1L4 7 . h'itL64)1-15"L" Charles A. Gruber Chief of Police (T "'`ulQ R>y\ Ri and B. Helwig City Manager MRG:mg