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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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