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R-05-10VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R -05 -10 A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT AMONG THE MEMBER AGENCIES OF THE NORTHEASTERN ILLINOIS REGIONAL CRIME LABORATORY WHEREAS, the Village Deerfield is a member of the Northeastern Illinois Regional Crime Laboratory ( "NIRCL "), which is currently organized as a not-for-profit corporation; and, WHEREAS, the members of NIRCL have determined that the Northeastern Illinois Regional Crime Laboratory should be reorganized as an intergovernmental cooperative agency in accordance with the Intergovernmental Agreement among the Member Agencies of the Northeastern Illinois Regional Crime Laboratory attached hereto (the "NIRCL Agreement "); and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the public health, safety, and welfare of the Village of Deerfield will be served by entering into the NIRCL Agreement and continuing as a member of NIRCL pursuant to said agreement; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Village Clerk of the Village of Deerfield be and they are hereby authorized and directed to respectively execute and attest the Intergovernmental Agreement among the Member Agencies of the Northeastern Illinois Regional Crime Laboratory attached hereto and made a part hereof for and on behalf of the Village of Deerfield. SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 18th day of July , 2005. AYES: Benton, Rosenthal, Seiden, Struthers (4) NAYS- None (0) ABSENT: Feldman, Wylie ABSTAIN: None (0) APPROVED this 18th c ATTEST: Village Clerk 4 INTERGOVERNMENTAL AGREEMENT AMONG THE MEMBER AGENCIES OF THE NORTHEASTERN ILLINOIS REGIONAL CRIME LABORATORY THIS AGREEMENT made and entered into by and among the member agencies or units of local government (hereinafter called Members) of the Northeastern Illinois Regional Crime Laboratory (hereinafter called the Crime Lab): WITNESSETH: WHEREAS, the Members recognize that the enforcement of laws, statutes, and ordinances and the investigation of criminal and quasi - criminal activity requires the use of certain forensic services for the analysis and identification of physical evidence; and WHEREAS, the Members desire to utilize such forensic services and resources during the enforcement of laws, statutes, and ordinances and the investigation of criminal and quasi - criminal activity; and WHEREAS, the Members are entering into this Intergovernmental Cooperative Agreement (the "Agreement ") pursuant to Article VII, Section 10 of the Illinois Constitution of 1970; the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); Article 5, Sections 1 -4 -6 and 11 -1 -2.1 of the Illinois Municipal Code (65 ILCS 5/1 -4 -6 and 5/11- 1 -2.1); and other applicable authority; NOW, THEREFORE, the Members agree as follows: SECTION 1 - PURPOSE OF AGREEMENT; RECITALS This agreement is made in recognition of the fact that criminal investigations and other law enforcement efforts are greatly enhanced when agencies have access to the resources and the support of a specialized forensic organization. It is the purpose of this Agreement to provide the means whereby assistance is provided to the Member by the Crime Lab pursuant to the conditions of this agreement. The foregoing recitals are hereby incorporated into this Agreement as findings of the Members and the Crime Lab. SECTION 2 - DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as set forth in this Section. 1. Forensic Services: Those services provided by the Crime Lab to a Member pursuant to this Agreement that pertain to the collection, packaging, identification, and analysis of physical evidence pursuant to the investigation or prosecution of a crime. Revised June 2, 2005 2. Annual Assessment: The fee provided for by this agreement to serve as compensation to the Crime Lab to offset the cost of operation. Costs of operation include any costs incurred by the Crime Lab in the furtherance of its operation including costs for personnel, training, facilities, fixtures, equipment, supplies, and utilities. An annual assessment shall be levied against all Members in accordance with the duly adopted Constitution and Bylaws of the Crime Lab. A basic requirement of continued membership under this Agreement is the timely payment of the Annual Assessment and other established fees by the Member. SECTION 3 - TERM The initial term of this Agreement shall be for a period commencing on the date of execution of the Agreement by the Chief Executive Officer of the Member and concluding on the May 1 immediately following such date of execution. SECTION 4 - ADMINISTRATION AND OPERATIONS The administration and operation of the Crime Lab shall be in conformance with the precepts set forth in the Constitution and Bylaws of the Crime Lab and any Standard Operating Guidelines established under the authority of those bylaws. SECTION 5 - SCOPE OF RESPONSE The Crime Lab shall provide for forensic services as outlined in Schedule A (Forensic Services) for any official investigation conducted by the law enforcement department of a Member within or immediately adjacent to its corporate boundaries. SECTION G - DIRECTION OF PERSONNEL AND EQUIPMENT The Crime Lab Executive Director shall be responsible for supervising and directing the actions of all Crime Lab personnel and for determining the use of all equipment and resources of the Crime Lab. SECTION % - AUTHORITY OF .CRIME LAB PERSONNEL Each employee of the Crime Lab shall be fully authorized by the Member to perform their official duties pursuant to any official investigation conducted under the terms of this Agreement. SECTION 8 - REn4wRSEMENT TO CRIME LAB Members shall be responsible for paying such annual fees, facility occupation and maintenance fees, capital improvement fees, and service fees as may be established from time to time pursuant to the Constitution and Bylaws of the Northeast Illinois Regional Crime Lab. SECTION 9 - INDEMNIFICATION To the greatest extent permissible by law, the Crime Lab shall assume full and complete responsibility for the actions of its employees acting pursuant to this Revised June 2, 2005 Agreement, including without limitation, insurance, indemnification and protection of such personnel. SECTION 10 - EFFECTIVENESS; TERM This agreement supersedes all previous agreements and shall be in full force and effect and legally binding on the Crime Lab and the Member as of the date written below. This Agreement shall automatically renew for a period of twelve (12) months on the May 1 immediately following such effective date, and each May 1 thereafter for a like period of twelve (12) months. SECTION 11 - AMENDMENTS This Agreement may be amended from time to time in writing approved by resolution of the corporate authorities of each Member. Any proposed amendment shall not be effective until adopted and approved by the corporate authorities of each Member. SECTION 12 - TERMINATION The Member may terminate this Agreement by resolution of its corporate authorities. Certified copies of any such terminating resolution shall be filed with the Executive Director of the Crime Lab and the President of its Executive Board within thirty (3o) days after its passage. In the event of termination as to one Member, this Agreement shall remain binding as to the remaining Members. Termination shall not be effective,, however, until ninety (go) days after filing of certified copies of the Resolution with the Executive Director and President of the Executive Board. Moreover, notwithstanding such termination, a terminating Member shall remain liable and responsible for paying all fees for services provided by the Crime Lab prior to the effective date of such termination. Further, a terminating Member shall not be entitled to any refund or return, in whole or in part, of fees or assessments paid by such Member prior to the effective date of such termination nor shall the terminating Member be entitled to receive or hold any interest in any equipment or other assets or interests of the Crime Lab. Further, a terminating or terminated Member shall be responsible for reimbursement to the Crime Lab of all costs attributable to that terminating or terminated Member that are incurred by the Crime Lab after the date of termination. Further, pursuant to Article IV, Section 2 of the Bylaws of the Crime Lab, the Board of Directors may terminate this Agreement for non - payment of fees, dues, or assessments. Revised June 2, 2005 IN WITNESS THEREOF, this Agreement has been duly executed this 18th day Of July 2005 By: ecuthve Officer of Membe YfU460� AAO&. Regional Crime Laboratory Village of Deerfield Member Agency Name Revised June 2, 2005 Constitution Bylaws of the Northeast Illinois Regional Crime Laboratory Northeast Illinois Regional Crime Laboratory Constitution and Bylaws Table of Contents - Constitution and Bylaws ArticleI Name ................................................................................. ............................... 4 Section1 Name .......................................................................... ............................... 4 ArticleII Purpose .......................................................... ...............:... ............................... 4 Section1 Purpose ....................................................................... ............................... 4 ArticleIII Organization .................................................................. ............................... 4 Section1 Organization ............................................................... ............................... 4 ArticleIV Membership .................................................................. ............................... 5 Section 1 Regular Members ....................................................... ............................... 5 Section 2 Membership Status ................................................ ............................... 5 Section3 New Members ......................................................... ............................... 6 Section4 Resignation ............................................................. ............................... 6 Section5 Reinstatement ........................................................ ............................... 6 Section 6 Members Emeritus ................................................. ............................... 6 Article V Dues and Assessments ...................................................... ............................... 6 Section 1 Dues, Fees, and Assessments . ............................... Section 2 Payment Required ...............................................:.. ............................... 7 Article VI Assets and Finances ...................................................... ............................... 7 Section1 Retention .................................................................... ...... .......................... 7 Section 2 Financial Accounting .............................................. ............................... 7 Section 3 Checks, drafts, and financial instruments ............. ............................... 7 Section4 Deposits .................................................................. ............................... 7 Section5 Gifts ......................................................................... ............................... 8 Section6 Dissolution .............................................................. ............................... 8 Section7 Liability ................................................................... ............................... 8 Article VII Representatives ............................................................. ............................... 8 Section 1 Representatives .......................................................... ............................... 8 Section2 Voting Rights .......................................................... ............................... 8 Article VIII Boards and Directors ................................................ ............................... 9 Section 1 Crime Laboratory Executive Director ........................ ............................... 9 Section 2 Executive Board ............................................:......... ............................... 9 Section 3 Board of Directors ................................................... .............................12 ArticleIX Elections .......................................................................... .............................13 Section 1 Procedure .....:................ ............................... Section2 Voting ...................................................................... .............................13 Section3 Vacancies ................................................................. .............................13 Section4 Term of Office .......................................................... .............................13 ArticleX Committees ........................................................................ .............................14 Section 1 Standing Committees .................................................. .............................14 Section 2 Special Committees ................................................. .............................16 Section 3 Committee Quorum ........................................ ......... .............................16 Section 4 Committee Recommendations ................................ .............................16 Section 5 Committee Reports ................................................. .............................16 Section 6 Committee Chair Responsibility ............................. .............................16 ArticleXI Meetings ......................................................................... .............................16 Page 2 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws Section 1 General Meetings ........................................................ .............................16 Section 2 Annual Meeting ....................................................... .............................16 Section 3 Special Meetings ...................................................... .............................16 Section 4 Notice of Meetings .................................................... .............................17 Section5 Quorum .................................................................... .............................17 Section6 Voting ...................................................................... .............................17 Section 7 Parliamentary Authority ......................................... .............................17 ArticleXII Adoption ......................................................................... .............................17 Section 1 Initial Adoption of Constitution and Bylaws .............. .............................17 ArticleXIII Amendment ................................................................ .............................17 Section 1 Amendment Proposals........... ...................................... .............................17 Section2 Amendment .................:........................................... .............................18 Section3 Effective Date .......................................................... .............................18 Article XIV Resolutions ..................................................................... .............................18 Section1 Requirements .............................................................. .............................18 Page 3 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws Article I Section 1 NAME Name 1.1) This organization shall be known as the Northern Illinois Regional Crime Laboratory, hereinafter to be referred to as the Crime Lab. Article II Section 1 PURPOSE Purpose 1.1) . The purposes of the Crime Lab are as follows: i.l.1 To provide forensic and criminalistics services to,its member law enforcement agencies. 1.1.2 To furnish written reports and analyses of.such services as maybe provided to its members. 1.1.3 To testify in court proceedings, as to the results of such.services as provided to its members. 1.1.4 To provide expert assistance to its member agencies in the collection, preservation, and analysis of physical evidence pursuant to crime scene processing and criminal investigations. 1.1.5 To provide for specialized training in criminalistics and forensic science to authorized employees of its member agencies and their agents or assigns. 1.1.6 To strive towards continued improvement in the science of criminalistics and law enforcement methodology. Article III Organization Section 1 ORGANIZATION 1.1) The NORTHEAST ILLINOIS REGIONAL CRIME LABORATORY shall be formed as an Illinois Intergovernmental Cooperative under the provisions of the Illinois Compiled Statutes (5 ILCS 22o et seq.) also known as The Illinois Intergovernmental Cooperation Act. 1.2) This Intergovernmental Cooperative shall have all the rights, privileges and powers as ascribed by the Illinois Intergovernmental Cooperation Act. 1.3) This Intergovernmental Cooperative shall be subject to the provisions of the Illinois Open Meetings Act (5 ILCS 12o et seq.) as they pertain to the organization. Page 4 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws 1.3.1 For the purposes of compliance with the Illinois Open Meetings Act, all meeting notices shall be posted in a public - viewable area at the main facility of the Crime Lab. 1.4) This Intergovernmental Cooperative and its records shall be subject to the provisions of the Illinois Freedom of Information Act (5 ILCS 14o et seq.) except as exempted according to 5 ILCS 140/7 of the Act. 1.5) This Intergovernmental Cooperative and its records shall be subject to the provisions of the Illinois Local Records Act (50 ILCS 205 et seq.) as they pertain to the organization. Article IV Membership Section 1 REGULAR MEMBERS 1.1) Any county, municipality, or other unit of local government or entity in Illinois that has an established law enforcement arm authorized by State or Federal Statute is eligible for membership under the following provisions: 1.1.1 - The county, municipality, or other unit of local government or law enforcement is domiciled or operates in one of the following Illinois counties: Cook, DuPage, McHenry, Kane, or Lake. 1.1.2 The corporate authorities of the county, municipality, or other unit of local government or law enforcement (Member) has adopted a resolution authorizing the execution of the Intergovernmental Agreement and the Chief Executive Officer has executed the Intergovernmental Agreement (Agreement) establishing itself as a member of the Cooperative as provided for in 5 ILCS 22o et seq. Section 2 MEMBERSHIP STATUS 2.1) Any Member that is in compliance with all the membership requirements of the Constitution and Bylaws of the Crime Lab shall be considered to be a Member in Good Standing. 2.2) Any Member that is not in compliance with all the membership requirements of this Constitution and Bylaws including failure to pay all applicable dues, fees, and assessments may be suspended from membership, for a specific period of time or until compliance is restored, by a majority vote of the Board of Directors present at any properly convened meeting. 2.3) Any Member that is not in compliance with all the membership requirements of this Constitution and Bylaws including failure to pay all applicable dues, fees, and assessments may be permanently excluded from membership upon a two- thirds (2/3) vote of the entire Board of Directors. Page 5 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws 2.4) Non - compliant Members shall be provided with .a written notice, sent by certified mail to the Chief Executive of that Member's law enforcement agency, at least thirty (30) days prior to the imposition of any sanctions provided for in this Section. Section 3 NEw MEMBERS 3.1) Entities meeting the requirements of Section i above and who have petitioned the Crime Lab for membership after the first organizational meeting may be admitted as Members of the Crime Lab upon a majority vote of the Board of Directors present at any properly convened meeting. Section 4 RESIGNATION 4.1) Any Member may resign from its affiliation with the Crime Lab by exercising its termination powers in accordance with the Intergovernmental Agreement. Section 5 REINSTATEMENT 5.1) Upon written request signed by a former member filed with the Secretary, the Board of Directors may by the affirmative vote of two- thirds of the Board members present at a properly convened meeting reinstate such former member of membership upon such terms as the Board of Directors may deem appropriate. Section 6 MEMBERS EMERITUS 6.1) The honorary title of Member Emeritus may be granted upon action of the Executive Board to any individual or individuals who have made a significant contribution to the furtherance of the Crime Lab, to the law enforcement profession, or to the field of criminalistics. 6.2) Members Emeritus shall have all the rights and privileges of any representative of a Member in Good Standing except that they shall not be entitled to vote or hold any office in organization, nor shall they be entitled to any of the services provided by the Crime Lab. Article V Dues and Assessments Section 1 DUES,, FEES, AND ASSESSMENTS 1.1) Members shall pay to the Crime Lab such dues, fees and assessments as are established by a Resolution of the Board of Directors. 1.2) These dues and assessments shall include, but are not limited to: 1.2.1 Annual membership assessment 1.2.2 Facility occupation and maintenance fees 1.2.3 Capital improvement fees Page 6 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws 1.2.4 Fees for any services provided by the Crime Lab that are not covered under the annual membership assessment 1.2.5 Training fees for periodic, formalized training to law enforcement personnel. Section 2 PAYMENT REQUIRED 2.1) All dues and assessments, unless otherwise indicated on the face of the invoicing document as authorized by the Board of Directors, shall be paid by the Member to the Crone Lab within thirty (3o) days of the receipt of notice of said dues or assessments. 2.2) Failure to pay any and all dues, fees, or assessments established by the Board of Directors on a timely basis may be considered cause for the exclusion or suspension of that Member from the Crime Lab. Article VI Section I RETENTION Assets and Finances 1.1) All rights, title, and interest, both legal and equitable, in and to property of the Crime Lab shall remain with the Crime Lab Section 2 FINANCIAL ACCOUNTING 2.1) The fiscal period for the Crime Lab shall run from May 1 to April 30 of the following year. 2.2) All documentation and recordkeeping pertaining to the financial matters of the Crime Lab shall be in substantial compliance with currently accepted business and accounting practices as determined by a bi- annual audit. Section 3 CHECKS, DRAFTS I AND FINANCIAL INSTRUMENTS 3.1) All checks, drafts or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Crime Lab shall be signed by such officer or officers, agent or agents of the Crime Lab and in such manner as shall from time to time be determined by resolution of the Executive Board. In the absence of such determination by the Executive Board, such instruments shall be signed by the Treasurer or President. Section 4 DEPOSITS 4.1) All funds of the Crime Lab shall be deposited from time to time to the credit of the Crime Lab in such banks, trust companies or other depositories as the Board of Directors may select in accordance with Illinois laws governing the deposit and investment of public funds. Page 7 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws Section 5 GIFTS 5.1) The Board of Directors may accept, on behalf of the Crime Lab, any contribution, gift, or bequest providing that such contribution, gift, or bequest is not in violation of the Illinois Governmental Ethics Act (5 ILCS 42o et seq.). Section 6 DISSOLUTION 6.1) The assets of the Crime Lab will, upon dissolution of the Crime Lab, shall be sold at auction; the proceeds of which shall be used to first reduce the existing liabilities of the Crime Lab. 6.2) Any remaining assets or liabilities of the Crime Lab shall be apportioned to the Members in good standing at the time of such dissolution according to the same formula used to establish the annual membership assessment. Section 7 LIABILITY 7.1) The Crime Lab shall carry sufficient general liability and comprehensive insurance as to protect the fiscal health of its members. This insurance shall include, but not be limited to: general liability, comprehensive coverage of equipment and facility contents, property and casualty, employment liability, unemployment compensation, worker's compensation, and automotive liability. 7.2) Any insurance policy carried by the Crime Lab shall indemnify the organization, its employees, and agents for any actions taken in the furtherance of their official duties for the Crime Lab. 7.3) The Crime Lab shall name each member as an additional insured on any and all general liability and comprehensive insurance policies it carries. Section 8 PURCHASING 8.1) Capital equipment and improvements purchased by the Crime Lab shall be procured in accordance with the purchasing polices established by the Finance Committee and approved by the Board of Directors. Article VII Representatives Section 1 REPRESENTATIVES 1.1) The Chief Executive Officer of each Member shall designate in writing one individual to act as a representative to the Crime Lab. Section 2 VOTING RIGHTS 2.1) The right to vote in any General Meeting of the Crime Lab is a privilege granted to each duly designated representative of a Member in Good Standing. Page 8 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws 2.2) The right to vote in any Committee of the Crime Lab shall be limited to a duly appointed member of that Committee. 2.3) The right to vote in any Executive Board Meeting.of the Crime Lab shall be limited to members of the Executive Board. 2.4) The right to vote in any Board of Directors Meeting of the Crime Lab shall be limited to members of the Board of Directors. Article VIII Boards and Directors Section 1 CRIME LABORATORY EXECUTIVE DIRECTOR 1.1) Description and duties 1.1.1 The Crime Laboratory Executive Director manages the operations of the Crime Lab by directing and coordinating all Crime Lab activities consistent with established goals, objectives and policies as set by the Executive Board. 1.1.2 The Crime Laboratory Executive Director shall be a full -time employee of the Crime Lab and report directly to the Executive Board. 1.1.3 The Crime Laboratory Executive Director shall establish and maintain Standardized Operating Guidelines and procedures that govern the day -to -day operation of the Crime Lab including, bui;.not limited to employee policies, forensics, courtroom testimony, and the collection, handling, analysis, and reporting of physical evidence. 1.1.4 The Crime Laboratory Executive Director shall present such policies and procedures as outlined above to the Executive Board for approval. 1:1.5 The Crime Laboratory Executive Director shall have sole authority in the hiring, firing, and discipline of Crime Lab employees, except that in the. event of a vacancy in the position of Executive Director, the sole authority to hire, fire, and discipline employees falls to the Executive Board. Section 2 ExECUTIVE BOARD 2.1) Organization 2.1.1 The Officers of the Executive Board shall consist of a President, Vice - President, Secretary, and Treasurer. 2.1.2 A majority of the Officers of the Executive Board shall constitute a quorum and, unless otherwise specified herein, all questions which arise at its meetings shall be determined by the vote of the majority of the Officers present. Page 9 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws 2.2) Duties of the President 2.2.1 The President shall preside at all meetings of this organization, maintaining order and enforcing the Constitution and Bylaws of the Crime Lab. 2.2.2 The President shall appoint committee chairmen, and be an ex- officio, non - voting member of all standing committees. 2.2.3 The President shall conduct all elections and supervise all elections by the membership and announce the results of all voting. The President shall be authorized to vote in any election as any other Member. 2.2.4 The President shall protect the impartiality of the Office by only voting on a motion before the membership, the Board of Directors, or the Executive Board to break a tie vote or when a super - majority vote is required. 2.2.5 Nothing in this Section shall prohibit the President from voting on any motion to accept or reject an Amendment to the Constitution and Bylaws, or to cast ballots for the election of Officers of the Executive Board or Board of Directors. 2.3) Duties of the Vice President 2.3.1 The Vice President shall assume all duties and responsibilities of the President during any vacancy in that office, or during the President's absence or inability to perform those duties by reason of illness or disability. 2.4) Duties of the Secretary 2.4.1 The Secretary shall record and file the names and addresses of all Members, representatives, committee chairmen and committee members. 2.4.2 The Secretary shall attend all meetings of the Crime Lab and maintain the official minutes of the Crime Lab, recording all business conducted therein with the exact wording of each motion that was seconded, by whom the motion was made and who seconded it, and whether that motion was carried or defeated. 2.4.3 The Secretary shall ensure that a quorum of the voting membership is present prior to conducting any business and shall present the minutes of the previous meeting and all correspondence received by the Crime Lab pertinent to the business at hand. 2.4.4 The Secretary shall receive and answer all correspondence as directed by the President and shall maintain files of all such correspondence. 2.4.5 The Secretary shall mail notice to all members of the date, time and place of special meetings, elections, installations and special events and post such notice as required by the Illinois Open Meetings Act. Page 10 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws 2.4.6 The Secretary shall bring a copy of this Constitution and Bylaws to each meeting for reference of all concerned. 2.4.7 The Secretary may designate, a member representative or employee of the Crime Lab to perform any of the duties of Secretary as detailed in this Section while maintaining responsibility for the performance of such duties. 2.4.8 The President may appoint any member of the Executive Board to assume the duties of the Secretary in the event of the Secretary's absence. 2.5) Duties of the Treasurer 2.5.1 The Treasurer with the approval of the Board of Directors shall maintain an annual budget of anticipated revenues and expenditures; that budget to be presented to the general membership prior to the Annual Meeting. 2.5.2 The Treasurer shall be the Custodian of all funds maintained by the Crime Lab. At each General Meeting of the membership, the Treasurer shall submit a written itemized statement of the receipts and disbursements of the Crime Lab since the previous General Meeting and a statement of the assets and liabilities of the Crime Lab. 2.5.3 The Treasurer shall keep and maintain a complete and accurate record of the receipts and disbursements of the Crime Lab and its annual budget, its property, assets and liabilities. 2.5.4 The Treasurer shall be an ex- officio member of any committee involved with finance, budget, assessments, or planning. 2.5.5 The President may appoint any member of the Executive Board to assume the duties of the Treasurer in the event of the Treasurer's absence. 2.6) Authority and Duties of the Executive Board 2.6.1 The Executive Board shall have sole authority to approve the hiring, firing, and discipline of the Executive Director. 2.6.2 In the event of a vacancy in the position of Executive Director, the Executive Board shall assume the duties of the Executive Director and may designate some or all of those duties to one or more individuals until the position of Executive Director has been filled. 2.6.3 The Executive Board shall have the sole authority to approve the employment policies of the Crime Lab. 2.6.4 The Executive Board shall have the sole authority to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Crime Lab. Page 11 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws 2.6.5 The Executive Board may authorize any officer or officers, agent or agents of the Crime Lab to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Crime Lab and such authority may be general or restricted to specific instances. 2.6.6 The Executive Board shall have the sole authority in designating certain individuals as Members Emeritus in accordance with Article IV Section 3 of this Constitution and Bylaws. Section 3 BOARD OF DIRECTORS 3.1) Organization 3.1.1 The Officers of the Board of Directors shall consist of the Executive Board and eleven other member representatives. 3.1.2 A majority of the Officers of the Board of Directors shall constitute a quorum and, unless otherwise specified herein, all questions which arise at its meetings shall be determined by the votes of the majority of the Officers present. 3.2) Authority and Duties 3.2.1 The Board of Directors shall have full authority to carry out its duties as defined in this Constitution and Bylaws. 3.2.2 The Board of Directors shall have full power and authority during the intervals between General Meetings to perform all functions. and do all acts which might be done by the Crime Lab except that it shall not have the power to amend the Constitution or its Bylaws. 3.2.3 The Board of Directors shall report at the General Meetings of the Crime Lab all measures considered since the last General Meeting, for the general welfare of the Crime Lab and shall suggest means of advancing the purposes of the Crime Lab. 3.2.4 The Board of Directors shall supervise all accounts and expenses and shall audit the account of the Treasurer annually. 3.2.5 The Board of Directors shall have the sole authority to approve the annual budget for the Crime Lab. 3.2.6 The Board of Directors shall have the sole authority to approve any change to the annual budget, once approved. 3.2.7 The Board of Directors shall have sole authority to impeach any member of the Executive Board or Board of Directors for cause, subject to the requirement that two- thirds (2/3) of the entire Board of Directors shall vote in favor of the removal. For purposes of this vote, each member of the Board of Directors shall vote by roll call. Page 12 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws Article IX Elections Section 1 PROCEDURE 1.1) Regular elections for the Officers of the Executive Board and Board of Directors (hereinafter referred to collectively as Officers) shall be held at the Annual Meeting of the membership. 1.2) The initial election of Officers of the Executive Board and Board of Directors shall be held at the first organizational meeting of the Members immediately after the establishment of the Crime Lab, who shall serve until the first Annual Meeting. 1.3) Nominations for elected positions shall be accepted from the floor; however, no more than three (3) nominations for each Office of the Executive Board shall be voted upon. 1.4) In the event that more than three (3) nominations for any Office of the Executive Board are accepted from the floor, a preliminary runoff election shall be held by a show of hands of the active members present and voting. 1.5) The three (3) candidates for each Office of the Executive Board with the highest number of votes shall be considered by the members as the nominees for that position. 1.6) Elections of officers shall be held in the following order, President, Vice - President, Secretary, Treasurer, and Board of Directors. Section 2 VOTING 2.1) Votes shall be cast for the Officers of the Executive Board by voice vote and the Secretary shall tabulate the votes. The nominee for each Office receiving the most votes shall be elected to that office. 2.2) Votes shall be cast for the Board of Directors by ballot with each Member Representative being entitled to vote for up to eleven (11) different nominees. Cumulative voting is not permitted. The nominees for the Board of Directors receiving the most votes shall be elected to the Board of Directors. The results of the election of each Office shall be announced by the President. Section 3 VACANCIES 3.1) Any vacancies of officers of the Crime Lab shall be filled by appointment of the Executive Board at the next Executive Board meeting after the vacancy. This appointment shall be for the remaining term of the office. Section 4 TERM OF OFFICE 4.1) The term of office for each officer of the Executive Board of the Crime Lab shall be one year. Page 13 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws 4.2) No officer of the Executive Board shall hold the same Office for more than two consecutive terms. 4.3) The term of office for each officer of the Board of Directors of the Crime Lab not a member of the Executive Board shall be one year. 4.4) Nothing in this Section shall be construed to limit an officer of the Board of Directors of the Crime Lab who is not a member of the Executive Board from serving for multiple consecutive terms of office. 4.5) The term of office for all officers of the Crime Lab elected at the first organizational meeting of the Members of the Crime Lab after its inception shall be from that date until the first Annual Meeting. Article X Committees Section 1 STANDING COMMITTEES 1.1) Except as otherwise stated, Standing committees shall be appointed by the Board of Directors. Their duties and responsibilities shall be designated by the President. The Executive Director of the Crime Lab or designee shall be an ex- officio, non -voting member of all Standing Committees. 1.2) The following shall be considered Standing Committees of the organization: 1.2.1 Audit Oversight Committee 1.2.1.1) The Audit Oversight Committee is responsible for the following: (i) Oversees the establishment and maintenance of the Crime Lab's internal financial control structure. (ii) Oversees the quality of the financial reporting activities of the Crime Lab that portray its financial condition, results of operations, and plans and long term commitments. (iii) Provides for and reviews a bi= annual audit of the financial activities and control procedures employed by the Crime Lab, making recommendations to the Board of Directors regarding current and -proposed financial activities and control procedures. 1.2.1.2) The Audit Oversight Committee shall consist of the President, Treasurer, and five individuals appointed by the Executive Board to represent the governmental administration of the Members. 1.2.1.3) The five appointed members of the Committee shall be drawn from the Chief Administrative Officers of the member units of local government or their designees and Page 14 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws shall not include that unit's regularly appointed representative to the Crime Lab. 1.2.2 Finance Committee 1.2.2.1) The Finance committee is responsible for the fiscal health of the crime lab and shall maintain and present an annual budget to the Board of Directors for review and approval. 1.2.2.2) The Finance committee shall establish a formal purchasing policy governing the acquisition and procurement of capital equipment and improvements. Such purchasing policy shall be in conformance with Illinois Statute regulating the procurement of capital equipment and improvements by Intergovernmental Cooperatives. 1.2.3 Member Assessments and Dues Committee 1.2.3.1) The Member Assessments and Dues Committee is responsible for recommending to the Board of Directors, a fair and equitable means for funding the operation of the Crime Lab by its Members. 1.2.4 Forensic Services and Technology Committee 1.2.4.1) The Forensic Services and Technology Committee shall determine the scope of forensic services provided by the Crime Lab and provide a description of those services as Schedule A of the Intergovernmental Agreement. 1.2.4.2) The Forensic Services and Technology Committee.. shall review existing services offered by the Crime Lab and make recommendations to the Board of Directors for the creation of additional services or revision of existing services based on current trends and advances in the field of criminalistics and law enforcement. 1.2.4.3) The Forensic Services and Technology Committee shall work with the Executive Director in determining the most effective and efficient use of current and future technology in the operation of the Crime Lab. 1.2.5 Personnel and Human Resources Committee 1.2.5.1) The Personnel and Human Resources Committee is responsible for recommending to the Executive Board the establishment and maintenance of employment practices and policies.in keeping with governmental regulations and accepted standards and shall provide recommendations to the Executive Board on matters involving the hiring, firing, or discipline of the Crime Lab Executive Director. 1.2.6 Strategic Planning Committee 1.2.6.1) The Strategic Planning Committee is responsible for determining the future goals and direction of the Crime Lab. Its members shall include the chairperson of each of the Standing Committees. Page 15 of 18 Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws Section 2 SPECIAL COMMITTEES 2.1) Special committees may be appointed by the President for other specific assignments as may be necessary from time to time. Section 3 COMMITTEE QUORUM 3.1) A Quorum of any committee shall be a majority of the committee members. Section 4 COMMITTEE REcobedENDATIONS 4.1) Committee recommendation shall be made on the basis of a majority vote of the committee. Section S COMMITTEE REPORTS 5.1) The distribution of committee reports, as maybe determined by the President, shall be accomplished by the Secretary. Section 6 COMMITTEE CHAIR RESPONSIBILITY 6.1) The Chair of each committee is expected to maintain knowledge and awareness of the progress of the committee and address such written reports or recommendations made to the convening authority on activities of the committee's areas of concern. 6.2) The Chairperson of the committee shall call and preside at committee meetings and direct the assignment of committee members. 6.3) The Chairperson of the committee may designate a committee member to act as chair on a temporary basis. Article XI Meetings Section 1 GENERAL MEETINGS 1.1) General meetings shall be held at regular intervals, as specified by Resolution of the Board of Directors. Meeting dates shall be announced at the prior General Meeting, unless otherwise specified by the Executive Board. Section 2 ANNUAL MEETING 2.1) The Annual Meeting shall be a General Meeting held each June for the purpose of election and installation of new officers, the President's report to the membership and discussion of the accomplishments and activities of the past year and future goals of the organization. Section 3 SPECIAL MEETINGS 3.1) Special meetings may be called by the President, by majority vote of the Executive Board or by written request to the President by twenty (20) percent of the active membership. Such written request shall state the Page 16 of 18 , Revised June 2, 2005 Northeast Illinois Regional Crime Laboratory Constitution and Bylaws reason for the meeting,, and at such Special Meeting the reason for the meeting may be the only item discussed or acted upon. Section 4 NOTICE OF MEETINGS 4A) The Secretary shall ensure that each meeting of the Crime Lab is posted in accordance with the requirements of the Illinois Open Meetings Act (5 ILCS 12o et seq.) 4.2) The Secretary shall send notice of all Special Meetings to the representatives of each Member in Good Standing by email, fax, or US Postal Service at least seven (7) calendar days prior to said meeting stating the time, place, date and purpose of such Special Meeting. Section 5 QUORUM 5A) A quorum of this organization shall constitute of a majority of the representatives of the Members in Good Standing in the presence of a presiding officer. Section 6 VOTING 6.1) Except as expressly stated otherwise herein, at any meeting of the organization, each representative of a Member in Good Standing shall be entitled to one vote on each issue submitted to the membership. Section 7 PARLIAMENTARY AUTHORITY 7.1) Robert's Rules of Order, ioth edition by Perseus Publishing as authorized by the Robert's Rules Authorship Committee, shall be used to govern.all procedures relative to all issues unless specifically listed in this Constitution and Bylaws. Article XII Adoption Section 1 INITIAL ADOPTION OF CONSTITUTION AND BYLAWS 1.i) The Constitution and Bylaws of the Crime Lab shall be adopted by a majority vote of the representatives of the members of the Crime Lab at the first organizational meeting of the Members of the Crime Lab after its inception. Article XIII Amendment Section 1 AMENDMENT PROPOSALS 1.1) Amendment proposals to this Constitution and its Bylaws shall be considered when twenty (20) percent of the representatives of the Members in Good Standing submit a signed petition requesting such an amendment, or by a unanimous vote of the Executive Board. Page 17 of 18 Revised June 2, 2005 Northeast Illinois Regional Crirne ' Laboratory Constitution and Bylaws 1.2) The Secretary shall post a copy of the proposed amendment with a notice of the date, time and place such amendment shall be submitted to the members for adoption. 1.3) Such meeting, if not a General meeting, shall be called by the Executive Board and held not less than ten (1o) days or more than sixty (6o) days subsequent to the posting of the proposed amendment. Section 2 AMENDMENT 2.1) The Constitution and Bylaws of the Crime Lab may be amended at any General Meeting only by a two- thirds (2/3) affirmative vote of those present at a meeting of the Members where a quorum exists. 2.2) The Board of Directors may make non - substantive changes to the Constitution and /or Bylaws in order to correct for errors in grammar, spelling, punctuation, and cross - references when the correct cross - reference is obvious, the use of incorrect words when the correct word is obvious, and to adjust the numbering of individual sections to maintain proper numerical sequence. Section 3 EFFECTIVE DATE 3.1) All amendments passed and adopted by the Crime Lab in accordance with the Constitution and Bylaws shall be in full force and effect upon the adjournment of the meeting wherein considered and adopted, provided an exception to this is not otherwise contained in the language of the amendment itself. Article XIV Resolutions Section 1 REQuiREMENTs 1.1) Every resolution, unless involving amendment to this Constitution and Bylaws shall be .made in writing and presented to the Board of Directors for consideration and report prior to their meeting. 1.2) Every resolution to be introduced to the membership for approval shall be provided to each Member in Good Standing at least ten (1o) days prior to the meeting. Page 18 of 18 Revised June 2, 2005