HomeMy WebLinkAboutResolution #5339 - intergovernmental agreement with Canton Union School District and Fulton County States Attorneys Office for reciprocal reporting of certain offenses RESOLUTION NO. 5339
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CANTON, CANTON UNION SCHOOL DISTRICT NO. 66
AND THE FULTON COUNTY STATE'S ATTORNEY'S OFFICE FOR THE
RECIPROCAL REPORTING OF CERTAIN OFFENSES.
WHEREAS, the City Council of the City of Canton has determined that it is necessary
and in the best interest to enter into an intergovernmental agreement with the Canton Union School
District and the Fulton County State's Attorney for the purposes of reciprocal reporting of certain
offenses, as set forth in"Exhibit A,"which is attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS,AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein by reference as Exhibit A is
hereby approved by the Canton City Council.
2. That the Mayor and the City Clerk of the City of Canton,Illinois are hereby authorized and
directed to execute said Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 2nd
day of November, 2021 upon a roll call vote as follows:
AYES: Alderperson Andra Chamberlin, Justin Nelson, Angela Hale, Jeff Fritz,
Angela Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Craig West, John Lovell
APPROVED:
K nt McDowell, Mayor
ATTE T:
Diana`Pavley- o ity Clerk
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CANTON UNION SCHOOL
DISTRICT NO.66,THE CITY OF CANTON AND THE FULTON COUNTY STATE'S
ATTORNEY'S OFFICE FOR THE RECIPROCAL REPORTING OF
CERTAIN OFFENSES
THIS AGREEMENT, made and entered into this I e day of October, 2021, is by and between
the Canton Union School District No.66,(hereinafter referred to as"School'),the City of Canton and its
Police Department (hereinafter referred to as "City") and the Fulton County State's Attorney's Office
(hereinafter referred to as the"State's Attorney") pursuant to the authority of Article VII, Section 10 of
the Constitution of the State of Illinois, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et. seq.,
Sections 10-20.14 (105 ILCS 5/10-20.14)and 22-20 (105 ILCS 5/22-20)of the Illinois School Code, the
Illinois Student School Records Act, 5 ILCS 10/1 et. seq. and in compliance with Sections I-7(705 ILCS
405/1-7)and 5-905 (705 ILCS 405/5-905)of the Juvenile Court Act of 1987,all as amended from time to
time.
WITNESSETH:
WHEREAS, the City and State's Attorney have responsibility for law enforcement within a
portion of the boundaries of the School's district;and
WHEREAS, the parties have mutually determined that it would be in the best interest of the
safety and welfare of students of the School to have a reciprocal reporting system regarding certain
offenses committed by students attending the School;and
WHEREAS, Section 10-20.14 of the Illinois School Code(105 ILCS 5/10-20.14)authorizes the
School District to establish and maintain a reciprocal reporting agreement between the School and the
City regarding the reporting of criminal offenses committed by students;and
WHEREAS, Section 107 of the Illinois Juvenile Justice Act of 1987 (705 ILCS 405/1-7)
authorizes the City to share law enforcement records with the School concerning a minor enrolled in the
School who has been arrested or taken into custody for certain offenses;and
WHEREAS, this agreement is authorized by the Illinois Constitution of 1970 and the
Intergovernmental Cooperation Act,5 ILCS 220/1 et.seq., providing for the execution of agreements and
implementation of cooperative ventures between public agencies of the State of Illinois;and
WHEREAS, the School and the City have reached an agreement concerning the protocol of
reporting criminal offenses committed by students to each other and wish to memorialize the terms of
such agreement herein; and
NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants set
forth hereinafter,it is agreed as follows:
I. Statement of Purpose:
The School and the City recognize the need for educators and law enforcement officials to share
information within the bounds of a confidentiality requirement applicable to police officers and
school officials regarding activities of minor students,both in and out of school,so that they may
work together in as efficient manner as possible to prevent, eliminate and discourage acts.of
crime,violence and intimidation.
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For this reason, the School and the City, in cooperation with the State's Attorney, agree to and
hereby establish the following Reciprocal Reporting Agreement between the City's Police
Department, as a local law enforcement agency, and the .School District regarding criminal
offenses committed by students. This agreement is entered into with the intent to reduce juvenile
crime and to increase school safety by promoting the exchange of appropriate information
between the police and school officials in compliance with the requirements of the Juvenile Court
Act, the Illinois School Student Records Act, and Sections 10-20.14 and 22-20 of the Illinois
School Codes.
II. Cooperation:
A. Superintendent of the School will provide the City's Public Safety Director with a list of
administrators to be contacted as needed. The list will contain regular and emergency
telephone numbers and identify which administrators are to be contacted for various
types of problems and the order in which administrators are to be contacted.
B. Public Safety Director will provide the School with a list of officers who have
responsibility for responding to School inquiries for information and providing general
assistance. The list will contain the school resource officer and two back-up officers.
The list will also contain the officer's regular and emergency telephone numbers and will
identify which officers are to be contacted for various types of problems and the order in
which the officers are to be contacted.
C. The administrators on the school's list and the primary and back-up police officials on the
City's list will need to facilitate mutual cooperation as often as necessary.
III. Reporting of Student Criminal Activities:
A. By the School to the City:
1. Except to the extent such report violates the Illinois School Student Records Act,
5 ILCS 10/1 et. seq., School officials will promptly report to police officials the
activity of students who reside and/or attend School in the City that involves or is
suspected to involve:
a) Criminal gang activities;
b) Weapons such as guns and knives, explosives, impact devices or any
item used as a weapon;
c) Sale of drugs and other intoxicants;
d) Possession of significant quantities of drugs or other intoxicants;
e) Fights or other violent activity which might reasonably carry over into
the community;
f) All abuse,neglect,lockout and runaway situations;
g) Acts of vandalism;
h) Other activities involving students which threaten the safety of students
or community members on or off school property;
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i) Any state or federal crime occurring or which has occurred on school
property or at a school sponsored event which might reasonably carry
over into the community;
2. Where violence or other activity poses an imminent threat to the safety of
students or community members, relevant information will be shared as soon as
possible;otherwise,the information will be shared not later than two(2)business
days after the information becomes known to School.
3. When the activity or conduct of a School student constitutes an imminent threat
to the safety of students or community members or the student or where
information regarding the activity or conduct of a School student may assist in
the protection or safety of School students or community members, information
regarding such student's activities will be disclosed to the police department as
soon as possible provided, however, as such information becomes part of the
student's school record under the provisions of the Illinois School Student
Records Act, 105 ILCS 10/1 et seq.,the School will not disclose the information
from the student's school records to the police department absent specific written
consent'of the student's parent/guardian (or the student if age eighteen (18) or
older), by an order of a court of proper jurisdiction or as otherwise permitted by
law.
4. In accordance with Section 10/6(a)(6.5) of the Illinois School Student Records
Act, and consistent with Section IV of this Agreement, the School may release
student records or information to juvenile authorities when necessary for the
discharge of their official duties upon a request for information prior to
adjudication of the student and if certified in writing that the information will not
be disclosed to any other party except as provided under law or order of court.
"Juvenile authorities"include probation officers for the student authorized by the
judge hearing the case, law enforcement officers and prosecutors, and others as
defined in Section 1016(a)(6.5).
B. By Police Officials to the School District
1. Police officials will report to School officials the same type of information
referenced in subsection A above, within the same time frames, where the
activity by students or others might reasonably carry over onto school grounds or
School sponsored activities.
2. As provided in Section 1-7(A)(8)of the Juvenile Court Act, police officials will
report to School officials within the time frames referenced in section A above
and disclose the law enforcement records of a minor enrolled in one of the
School's schools who has been taken into custody or arrested for any of the
following offenses or suspected offenses:
a) Unlawful use of weapons under Section 24-1 of the Criminal Code;
b) A violation of the Illinois Controlled Substances Act;
c) A violation of the Cannabis Control Act;
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d) A forcible felony as defined in Section 2-8 of the Criminal Code,
including murder, criminal sexual assault, robbery, burglary, arson,
kidnapping, aggravated battery resulting in great bodily harm or
permanent disability or disfigurement,and any other felony that involves
the use or threat of physical force or violence;or
e) A violation of the Methamphetamine Control and Community Protection
Act. `
3. As required by Section 22-20 of the Illinois School Code, police officials will
report to School officials whenever a student enrolled in one of the School's
schools is detained for proceedings under the Juvenile Court Act or for any
criminal offense or any violation of a municipal or county ordinance, including
but not limited to violations of the City of Canton Municipal Code(a) titled 3-8-
9 Business Regulations/Intoxicating Liquors/Certain Persons; Minors; (b) titled
7-1-3 et. seq., Health and Sanitation/Nuisances/Controlled Substances and
Cannabis; and (c) titled 7-1-4 et. seq., Health and Sanitation/Nuisances/Drag
Paraphernalia Control. The report will include the basis for the detention;,the
circumstances surrounding the events which led to the student's detention and the
status of the proceedings. Police officials will periodically update the report as
significant stages of the proceedings occur in order to notify school officials of
developments and the disposition of the matter. All such reports will be kept in a
secure location separate from the student's official school record and will be used
by school officials solely to aid in the proper rehabilitation of the student and to
protect the safety of students and employees in the schools.
4. In administering Section 22-20 of the School Code and this Agreement,City law
enforcement officials will report conduct involving vandalism, violence, gangs,
weapons, drugs, alcohol, ninaways, family disputes,abuse, any other offense as
required by law,or an appearance in,court as a juvenile or an adult for any other
offense other than minor traffic offenses. City police officials will share
information with School officials where student misconduct outside of the school
is likely to be carried into school or school activities,or have a significant impact
on the safety and well-being of students, staff and community members
associated with the School.
5. Although the provisions of the Juvenile Court Act do not always apply to
students ages 17 or older, police officials will provide School officials with the
same information regarding suspected criminal offenses committed by students
ages 17 and older as is reported for students included in the scope of the Juvenile
Court Act under this agreement.
IV. Confidentiality and Records
A. Content of Criminal Activity Information. All criminal activity information will include
the names of all involved persons, including School students and minors,except in cases
where the name of the victim is protected under the Rights of Crime Victims and
Witnesses Act,725 ILCS 120/1,et seq.,as amended,or other applicable law.
B. Confidentiality of Law Enforcement Records and Criminal Activity Information. Any
law enforcement records subject to disclosure under this agreement will not be disclosed
or made available in any form to any person or agency other than as set forth in this
agreement or as authorized by law. City police officials and School officials may
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develop procedures, as needed, to ensure such nondisclosure of criminal activity
information, except as may be authorized by law or set forth in this agreement. Such
procedures will be designed to also ensure that any criminal activity information is not
available to other employees, or any persons other than as authorized by this Agreement
or by law.
C. Illinois School Student Records Act. Section IV of this Agreement is generally intended
to satisfy Section 6(a)(6.5) of the Illinois School Student Records Act, 105 ILCS
10/6(a)(6.5),which authorizes a school district to release information to law enforcement
officers and other juvenile authorities as defined in Section 6(a)(6.5)when necessary for
the discharge of their official duties prior to adjudication of the student and upon written
certification that the information disclosed by the school district will not be disclosed to
any other party,except as provided by law or order of court.
D. Not Educational or School Records. School officials will follow state and federal laws
regarding student records. Consistent with Section 10/2(d)of the Illinois School Student
Records Act,reports of police officials working in a school will be deemed the reports of
a law enforcement professional and will not be considered a student record, 105 ILCS
10/2(d). For the purposes of the Family Educational Rights and Privacy Act of 1974,20
U.S.C. 1232(g), police officials designated to work with the school district pursuant to
these guidelines shall be considered a law enforcement unit of the school such that the
records created by police officials for the purpose of law enforcement shall not be
considered educational records, but may still be considered records subject to the Illinois
Freedom of Information Act.
E. OngoingI nvesti atg ions. In the event there is an ongoing investigation with respect to any
student in the School which, in the opinion of the police department or state's attorney's
office, would be hindered in any way such disclosure, such information shall not be
provided until the investigation is concluded. -
V. Indemnification
A. The School shall indemnify and hold harmless the City, its elected officials, officers,
employees and/or agents from and against any and all claims, demands, suits, actions,
and damages,excluding attorneys' fees,that arise out of actions by the school district,its
school board members, officers, employees and/or agents related to this agreement that
result in a judgment being entered against the City or its elected officials,officers,agents
and/or employees.
B. The City shall indemnify and hold harmless the School, its School board members,
officers, employees and/or agents from and against any and all claims, demands, suits,
actions, and damages, excluding attorneys' fees, that arise out of actions by the City, its
elected officials,officers,employees and/or agents related to this agreement that result in
a judgment being entered against the School or its School board members, officers,
agents and/or employees.
VI. Other Terms and Conditions
A. Term and Renewal. This agreement shall immediately take effect on the date of the last
signature and shall be in full force and effect for a period of two (2) years thereafter.
This Agreement shall automatically renew for successive two (2) periods unless
terminated as provided below,but in no event for longer than twenty(20)years in total.
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B. Termination. This Agreement may be terminated at any time upon ninety (90) days
advanced written notice by any party to the other party.
C. Notices. All notices shall be in writing, sent by certified mail, return receipt requested,
with proper postage prepaid, shall be deemed to have been given on the date of the
mailing,and shall be address as follows:
City of Canton: Mayor Kent McDowell
City of Canton
2 North Main Street
Canton,Illinois 61520
With copy to: Public Safety Director
Richard Fairburn
City of Canton
2 North Main Street
Canton,Illinois 61520
School District: President of Board of Education
Leonard Barnard
Canton Union School District No.66
20 West Walnut Street
Canton,Illinois 61520
With copies to: Superintendent of Schools
Tad DeRenzy
Canton Union School District No.66
20 West Walnut Street
Canton,Illinois 61520
State's Attorney: Fulton County State's Attorney
Justin Jochums
Fulton County Courthouse
100 North Main Street
Lewistown,Illinois 61542
D. Liaisons. The parties shall from time to time designate in writing one or more
representatives as a primary liaison and alternate liaisons to act on their behalf to plan for
and facilitate the implementation of this agreement and to provide and receive
information pursuant to this agreement. As of the execution of this agreement,the parties
have selected the following as primary liaisons and alternative liaisons:
City Liaison: Public Safety Director
City Alternative Liaison: School Resource Officer
School Liaison: Tad DeRenzy, Superintendent of Schools
School Alternative Liaison: Jeff Utsinger,Assistant Superintendent
State's Attorney Liaison: Fulton County State's Attorney
State's Attorney Alternate
Liaison: Any of the Assistant Fulton County
State's Attorney
E. Relationship of the Parties. Nothing in this agreement shall be construed to consider any
party or its respective elected officials, employees and/or.agents as the agents or
employees of the other.party. Nothing contained in or done pursuant to this agreement
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shall be construed as creating a partnership, agency, joint employer or joint venture
relationship between the City's police department, School and the State's Attorney's
office. No party shall become bound,with respect to third parties,by any representation,
act or omission of the other party. This Agreement is for the benefit of the contracting
parties only and is not intended to raise or acknowledge any duty regarding conduct or
other form of liability as to third parties.
F. Amendments and Modifications. This agreement may be modified or amended from
time to time provided, however, that no such amendment or modifications shall be
effective unless reduced to writing and duly signed by an authorized representative of the
parties.
G. Counterparts. This Agreement may be executed in one or more counterparts which,
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.when affixed together,shall constitute one and the same document. �
H. Savings Clause. If any provision of this Agreement,or the application of such provision,
shall be rendered or declared invalid by a court of competent jurisdiction,or by reason of
its requiring any steps, actions or results, the remaining parts or portions of this
Agreement shall remain in full force and effect.
I. J Entire Agreement. This Agreement sets forth all the covenants,conditions and promises
between the parties. There are no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those contained in
this Agreement.
J. Governing Law. This Agreement shall be governed by the laws of the State of Illinois.
IN WITNESS WHEREOF, the City, School, and State's Attorney's Office have caused this
Agreement to be executed by their respective duly authorized representatives effective as of the
day and year first written above.
CITY OF CANTON: CANTON UNION SD 66
By: v" " By:
Kent McDowell, Mayor Tad DeRenzy,Superintendent
ATTE TTEST:
Diana P ock; City Clerk Board Secretary/Clerk
FULTON COUNTY STATE'S ATTORNEY'S OFFICE:
By:
Justin Jochums, State's Attorney
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shall be construed as creating a partnership, agency, joint employer or joint venture
relationship between the City's police department, School and the State's Attorney's
office. No party shall become bound,with respect to third parties,by any representation,
act or omission of the other party. This Agreement is for the benefit of the contracting
parties only and is not intended to raise or acknowledge any duty regarding conduct or
other form of liability as to third parties.
F. Amendments and Modifications. This agreement may be modified or amended from
time to time provided, however, that no such amendment or modifications shall be
effective unless reduced to writing and duly signed by an authorized representative of the
parties.
G. Counterparts. This Agreement may be executed in one or more counterparts which,
when affixed together,shall constitute one and the same document.
H. Savings Clause. If any provision of this Agreement,or the application of such provision,
shall be rendered or declared invalid by a court of competent jurisdiction,or by reason of
its requiring any steps, actions or results, the remaining parts or portions of this
Agreement shall remain in full force and effect.
I. Entire Agreement. This Agreement sets forth all the covenants,conditions and promises
between the parties_ There are no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those contained in
this Agreement.
J. Governing Law. This Agreement shall be governed by the laws of the State of Illinois.
IN WITNESS WHEREOF, the City, School, and State's Attorney's Office have caused this
Agreement to be executed by their respective duly authorized representatives effective as of the
day and year first written above.
CITY OF CANTON: CANTON UNION SD 66
�J I y:
Kent McDowell, Mayor Tad DeRenzy,Superintendent
ATTEST: ATTEST:
t
9, )c �/� w�,
Diana Pavfey oc% City Clerk Board Secretary/Clerk
FULTON COUNTY STATE'S ATTORNE OFFICE:
By
Justin ochums, fate's Attorney
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