HomeMy WebLinkAboutPacket - 12/14/2006 - Parks and Recreation Committee AGENDA
Parks & Recreation Committee
Thursday, December :14, 2006
McHenry Municipal Center
7:30 pm
Alderman's Conference Room
1. Picnic Policy Revision
2. Urban Forestry Report&Recommendation
g. Adoption of Employee Background Check Policy
4. 2007 Parks&Recreation Committee Meeting Dates *�
5. Parks and Recreation Directors Report
A) Potential IDNR Land Donation
B) 2007 Fireworks Report
6. New Business
Next Meeting Date: Wednesday, January 10, 2007— 1iOO pm
Agenda Item 1 - Picnic Policy Revision
The City of McHenry has scheduled family, organization, and company picnics in three
major parks for over 30 years. The original picnic facility was located in Veteran's
Memorial Park. Petersen Park opened in 1976 and the Knox Park facility became
available in 1981.
The picnic shelter located at the north end of the Petersen Park waterfront is the first
new public group picnic area in 25 years. The new 45' octagon shelter with 3o new
picnic tables is the largest picnic facility in our park system.
Petersen Park is the most popular of the three park sites scheduled for community
picnics. These picnics vary in size from small family events to large corporate picnics.
Past policy has been that any picnic larger than 25o requires renting both picnic shelters
in Petersen Park. This has been done to avoid over crowding the area and booking two
large picnics in the same area.
For several years we have scheduled large corporate picnics that have been crowded into
the existing picnic area. Some of these company picnics bring in additional equipment
such as small carnival rides, inflatable attractions, catering trucks and trailers, large
tents and additional tables/seating.
These large corporate picnics are great events for our residents but have outgrown the
limited area and parking facilities available in the wooded picnic area. Our maintenance
staff has also expressed concern about the damage being done in the root zone area of
the large oak trees in this area.
Staff would like to recommend a change in the picnic rental policy. This new policy
would require that all large group picnics (+250) will only be scheduled at the new
Petersen Park Waterfront picnic facility. Listed below are the pros and cons to this
policy change.
PRO'S
- Picnic shelter is larger with more available tables (3o new with additional on
site).
- Adequate on site asphalt parking area with additional parking in special event
area. Handicap vehicle parking and drop off by shelter.
- Asphalt ramp to shelter and washrooms. Fully ADA.compliant.
- Additional electrical capacity in shelter with too amp panels located along
parking area.
Large open space south of shelter for placement of special attractions,
additional tents, catering vehicles, games/events, etc.
Large events and crowds removed from picnic are adjacent to residential area.
Additional small group picnics can be scheduled in the picnic area at the two
existing shelters.
New washroom facility located south of the picnic area. ADA compliant and
more facilities available.
- Beach and waterfront activities adjacent to picnic area.
- Reduced damage to the existing stand of native oak trees.
Two sand volleyball courts located in beach area.
Area lighting— if necessary.
CONS
- Lack of natural shade.
- Greater distance to washroom facilities.
- Playground equipment located in wooded picnic area.
- Waterfront area adjacent to picnic area —young children to be supervised.
- Greater distance to water access at washroom facility.
The change in this policy would take effect for the 2007 calendar year. Picnic
reservations begin for city residents on January 2, 2007.
Agenda Item 2 — Urban Forestry Report and Recommendation
Urban Forestry History
McHenry will complete its 13th year as a Tree City USA this year. As you know, "Tree
City USA recognizes communities that have proven their commitment to an effective
and on going community forestry program".
Past activities that have been undertaken in our forestry effort have included two
demonstration projects. The first project was a comprehensive program in an older
neighborhood of McHenry. This project included the three major components of Urban
Forestry: planting, maintenance and removal. The second project was a tree planting
project in the Pebble Creek subdivision that was previously an agricultural site. Both
projects were embraced by the community and residents were thankful for our efforts.
Discussion on future direction:
Option 1: Design another project with a limited scope,targeting a neighborhood
within our community.
Option 2: Develop a Cost Share Tree Planting Program available to all McHenry
residents.
Option 3: Develop a comprehensive community wide forestry program for the City of
McHenry.
Agenda Item n —Adoption of Employee Background Check Policy
A report was made to the committee in March regarding establishing a policy on
criminal background checks on Park and Recreation Department employees.
The City of McHenry does not have a policy in place that requires criminal background
checks for the employment of part time employees. A law was enacted(70 ILCS 1205/8-
23) in the Illinois Park District code in 2004 that required criminal background checks
to be conducted as a condition of employment for Park District employees. Similar
legislation has been enacted that applies to all School District employees.
This type of legislation has been passed to present individuals convicted of certain listed
offenses from being employed in an agency working with children.
The City of McHenry is not required by law to conduct criminal background checks but
staff has looked into establishing a policy similar to what most Park Districts and school
Districts have adopted.
The implementation of such a policy would require the involvement of several city
departments. Staff from the Police Department and the Human Resources Manager
would be involved in the administration and monitoring of this program. Forms will be
processed through the H.R. Department and the fingerprinting would be conducted by
the Police Department.
The background checks would be completed through the Illinois State Police System.
Forms and fingerprints would be submitted and results are returned within 4-6 weeks.
Cost is $40-$45/application. An estimate on the number of background checks in a
year is 70-80. The first year of this program will be the largest cost we incur due to
having all employees processed. Many seasonal employees do return for several years
and should not have to be processed in subsequent years.
This policy does not include volunteers at this time. Review of this policy should be
reviewed by the city attorney prior to adoption.
Agenda Item 4 - Parks and Recreation Committee - 20o7 Meeting Dates
Second Wednesday of the months as listed— 7:00 pm
January 1o, 2007
February 14, 2007
March 14, 2007
May 9, 2007
August 8, 2007
September 12, 2007
October 10, 2007
November 14, 2007(if necessary)
Note: Two additional meetings may be posted as Parks and Recreation Committee
Meetings
January 24 or 31
Parks and Recreation Master Plan Public Meeting
February—TBD
Athletic Facilities Scheduling Meeting
City of McHenry
Department of Parks and Recreation
Policy Statement
It is the policy of the City of McHenry Department of Parks &Recreation to require and initiate
a criminal conviction background check on all applicants prior to employment.
Specific Guidelines
The following items are considered specific guidelines associated with this policy and shall be
assigned to corresponding procedures as developed:
1. The City of McHenry will comply with the Illinois Uniform Conviction Information
Act, 1991, as amended and establish procedures accordingly. (20 ILCS 2635)
2. The City of McHenry should require criminal conviction background checks for all
full-time, part-time or seasonal job applicants prior to employment.
3. The City of McHenry should require criminal conviction background checks for all
individuals seeking a position requiring work with or in proximity of children under
the age of 18 years.
4. Persons refusing to sign the request form or to provide fingerprints when requested
to do so by the Director of Parks &Recreation or delegated staff may be removed
from consideration for a position with the City of McHenry or if already employed by
the City of McHenry may be immediately terminated.
5. Criminal conviction background checks may be required periodically during a
person's continuing employment status with the City of McHenry as determined by
the City Council, Director of Parks &Recreation or delegated alternate.
Adopted by City Council: / /
20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 1 of 11
EXECUTIVE BRANCH
(20 ILCS 2635/) Illinois Uniform Conviction Information Act.
(20 ILCS 2635/1) (from Ch. 38, par. 1601)
Sec. 1. Short Title. This Act shall be known and may be
cited as the "Illinois Uniform Conviction Information Act . "
(Source: P.A. 85-922. )
(20 ILCS 2635/2) (from Ch. 38, par. 1602)
Sec. 2. Legislative Findings and Purposes. (A) The
legislature finds and hereby declares that conviction
information maintained by the Illinois Department of State
Police shall be publicly available in the State of Illinois.
(B) The purpose of this Act is: (1) to establish uniform
policy for gaining access to and disseminating conviction
information maintained by the State of Illinois; (2) to
establish guidelines and priorities which fully support
effective law enforcement and ongoing criminal investigations
and which ensure that conviction information is made
accessible within appropriate time frames; (3) to ensure the
accuracy and completeness of conviction information in the
State of Illinois; and (4) to establish procedures for
effectively correcting errors and providing individuals with
redress of grievances in the event that inaccurate or
incomplete information may be disseminated about them.
(Source: P.A. 85-922 . )
(20 ILCS 2635/3) (from Ch. 38, par. 1603)
Sec. 3. Definitions. Whenever used in this Act, and for
the purposes of this Act, unless the context clearly indicates
otherwise:
(A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
(B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research) , apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, or the
collection, maintenance or dissemination of criminal history
record information.
(C) "The Authority" means the Illinois Criminal Justice
Information Authority.
(D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
(E) "Complete" means accurately reflecting all the
criminal history record information about an individual that
is required to be reported to the Department pursuant to
Section 2 . 1 of the Criminal Identification Act.
(F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
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20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 2 of 11
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
For purposes of this Act, continuances to a date certain
in furtherance of an order of supervision granted under
Section 5-6-1 of the Unified Code of Corrections or an order
of probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4 .3 of the Criminal Code of 1961,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act, or Section 10 of the Steroid Control
Act shall not be deemed "conviction information".
(G) "Criminal history record information" means data
identifiable to an individual and consisting of descriptions
or notations of arrests, detentions, indictments,
informations, pretrial proceedings, trials, or other formal
events in the criminal justice system or descriptions or
notations of criminal charges (including criminal violations
of local municipal ordinances) and the nature of any
disposition arising therefrom, including sentencing, court or
correctional supervision, rehabilitation and release. The term
does not apply to statistical records and reports in which
individual are not identified and from which their identities
are not ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(H) "Criminal justice agency" means (1) a government
agency or any subunit thereof which is authorized to
administer the criminal laws and which allocates a substantial
part of its annual budget for that purpose, or (2) an agency
supported by public funds which is authorized as its principal
function to administer the criminal laws and which is
officially designated by the Department as a criminal justice
agency for purposes of this Act.
(I) "The Department" means the Illinois Department of
State Police.
(J) "Director" means the Director of the Illinois
Department of State Police.
(K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
(L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
(M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
(M-5) "Request" means the submission to the Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the Department to initiate a
search of its criminal. history record information files.
(N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request
pursuant to this Act to obtain conviction information
maintained in the files of the Department of State Police
regarding a particular individual.
(0) "Statistical information" means data from which the
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20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 3 of 11
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of. an
individual cannot be linked by the recipient of the
information.
(Source: P.A. 94-556, eff. 9-11-05. )
(20 ILCS 2635/4) (from Ch. 38, par. 1604)
Sec. 4 . Applicability.
(A) The provisions of this Act shall apply only to
conviction information mandated by statute to be reported to
or to be collected, maintained, or disseminated by the
Department of State Police.
(B) The provisions of this Act shall not apply to
statistical information.
(C) In the event of conflict between the application of
this Act and the statutes listed in paragraphs (1) , (2) , (3) ,
(4) , or (5) below, the statutes listed below, as hereafter
amended, shall control unless specified otherwise:
(1) The Juvenile Court Act of 1987; or
(2) Section 5-3-4 of the Unified Code of
Corrections; or
(3) Paragraph (4) of Section 12 of the Probation and
Probation Officers Act; or
(4) Section 2.1 of the Criminal Identification Act;
or
(5) The Pretrial Services Act.
(Source: P.A. 89-198, eff. 7-21-95; 89-626, eff. 8-9-96. )
(20 ILCS 2635/5) (from Ch. 38, par. 1605)
Sec. 5. Public Availability of Conviction Information. All
conviction information mandated by statute to be collected and
maintained by the Department of State Police shall be open to
public inspection in the State of Illinois. All persons, state
agencies and units of local government shall have access to
inspect, examine and reproduce such information, in accordance
with this Act, and shall have the right to take memoranda and
abstracts concerning such information, except to the extent
that the provisions of this Act or other Illinois statutes
might create specific restrictions on the use or disclosure of
such information.
(Source: P.A. 85-922 . )
(20 ILCS 2635/6) (from Ch. 38, par. 1606)
Sec. 6. Dissemination Time Frames and Priorities. (A) The
Department's duty and obligation to furnish criminal history
record information to peace officers and criminal justice
agencies shall take precedence over any requirement of this
Act to furnish conviction information to non-criminal justice
agencies or to the public. When, in the judgment of the
Director, such duties and obligations are being fulfilled in a
timely manner, the Department shall furnish conviction
information to requesters in accordance with the provisions of
this Act. The Department may give priority to requests for
conviction information from non-criminal justice agencies over
other requests submitted pursuant to this Act.
(B) The Department shall attempt to honor requests for
conviction information made pursuant to this Act in the
shortest time possible. Subject to the dissemination
priorities of subsection (A) of this Section, the Department
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20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 4 of 11
shall respond to a request for conviction information within 2
weeks from receipt of a request.
(Source: P.A. 85-922 . )
(20 ILCS 2635/7) (from Ch. 38, par. 1607)
Sec. 7 . Restrictions on the Use of Conviction Information.
(A) The following provisions shall apply to requests
submitted pursuant to this Act for employment or licensing
purposes or submitted to comply with the provisions of
subsection (B) of this Section:
(1) A requester shall, in the form and manner
prescribed by the Department, submit a request to the
Department, and maintain on file for at least 2 years a
release signed by the individual to whom the information
request pertains. The Department shall furnish the
requester with a copy of its response.
(2) Each requester of conviction information
furnished by the Department shall provide the individual
named in the request with a copy of the response furnished
by the Department. Within 7 working days of receipt of
such copy, the individual shall have the obligation and
responsibility to notify the requester if the information
is inaccurate or incomplete.
(3) Unless notified by the individual named in the
request or by the Department that the information
furnished is inaccurate or incomplete, no requester of
conviction information shall be liable for damages to any
person to whom the information pertains for actions the
requester may reasonably take in reliance on the accuracy
and completeness of conviction information received from
the Department pursuant to this act, if: (a) the requester
in good faith believes the conviction information
furnished by the Department to be accurate and complete;
(b) the requester has complied with the requirements of
paragraphs (1) and (2) of this subsection (A) ; and (c) the
identifying information submitted by the requester to the
Department is accurate with respect to the individual
about whom the information was requested.
(4) Consistent with rules adopted by the Department
pursuant to Section 7 of "An Act in relation to criminal
identification and investigation", approved July 2, 1931,
as amended, the individual to whom the conviction
information pertains may initiate proceedings directly
with the Department to challenge or correct a record
furnished by the Department pursuant to this subsection
(A) . Such correction proceedings shall be given priority
over other individual record review and challenges filed
with the Department.
(B) Regardless of the purpose of the request, no requester
of conviction information shall be liable for damages to any
person to whom the information pertains for actions the
requester may reasonably take in reliance on the accuracy and
completeness of conviction information received from the
Department pursuant to this Act, if: (1) the requester in good
faith believes the conviction information furnished by the
Department to be accurate and complete; (2) the requester has
complied with the requirements of paragraphs (1) and (2) of
subsection (A) of this Section; and (3) the identifying
information submitted by the requester to the Department is
accurate with respect to the individual about whom the
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20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 5 of 11
information was requested.
(Source: P.A. 88-368. )
(20 ILCS 2635/8) (from Ch. 38, par. 1608)
Sec. 8 . Form, Manner and Fees for Requesting and Obtaining
Conviction Information.
(A) The Department shall prescribe the form and manner for
requesting and furnishing conviction information pursuant to
this Act. The Department shall prescribe the types of
identifying information that must be submitted to the
Department in order to process any request for conviction
information and the form and manner for making such
application, consistent with this Act.
(B) The Department shall establish the maximum fee it
shall charge and assess for processing requests for conviction
information, and the Authority shall establish the maximum fee
that other criminal justice agencies shall charge and assess
for processing requests for conviction information pursuant to
this Act. Such fees shall include the general costs associated
with performing a search for all information about each person
for which a request is received including classification,
search, retrieval, reproduction, manual and automated data
processing, telecommunications services, supplies, mailing and
those general costs associated with the inquiries required by
subsection (B) of Section 9 and Section 13 of this Act, and,
when applicable, such fees shall provide for the direct
payment to or reimbursement of a criminal justice agency for
assisting the requester or the Department pursuant to this
Act. In establishing the fees required by this Section, the
Department and the Authority may also take into account the
costs relating to multiple or automated requests and
disseminations and the costs relating to any other special
factors or circumstances required by statute or rule. The
maximum fees established by the Authority pursuant to this
Section may be waived or reduced at the discretion of a
criminal justice agency.
(Source: P.A. 94-365, eff. 7-29-05. )
(20 ILCS 2635/9) (from Ch. 38, par. 1609)
Sec. 9. Procedural Requirements for Disseminating
Conviction Information.
(A) In accordance with the time parameters of Section 6
and the requirements of subsection (B) of this Section 9, the
Department shall either: (1) transmit conviction information
to the requester, including an explanation of any code or
abbreviation; (2) explain to the requester why the information
requested cannot be transmitted; or (3) inform the requester
of any deficiency in the request.
(B) Prior to a non-automated dissemination or within 30
days subsequent to an automated dissemination made pursuant to
this Act, the Department shall first conduct a formal update
inquiry and review to make certain that the information
disseminated is complete, except (1) in cases of exigency, (2)
upon request of another criminal justice agency, (3) for
conviction information that is less than 30 days old, or (4)
for information intentionally fabricated upon the express
written authorization of the Director of State Police to
support undercover law enforcement efforts.
It shall be the responsibility of the Department to retain
a record of every extra-agency dissemination of conviction
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20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 6 of 11
information for a period of not less than 3 years. Such
records shall be subject to audit by the Department, and
shall, upon request, be supplied to the individual to whom the
information pertains for requests from members of the general
public, corporations, organizations, employers, employment
agencies, labor organizations and non-criminal justice
agencies. At a minimum, the following information shall be
recorded and retained by the Department:
(1) The name of the individual to whom the
disseminated information pertains;
(2) The name of the individual requesting the
information;
(3) The date of the request;
(4) The name and address of the private individual,
corporation, organization, employer, employment agency,
labor organization or non-criminal justice agency
receiving the information; and
(5) The date of the dissemination.
(Source: P.A. 91-357, eff. 7-29-99. )
(20 ILCS 2635/10) (from Ch. 38, par. 1610)
Sec. 10. Dissemination requests Based Upon Fingerprint
Identification. When fingerprint identification accompanies a
request for conviction information maintained by the
Department, an appropriate statement shall be issued by the
Department indicating that the information furnished by the
Department positively pertains to the individual whose
fingerprints were submitted and that the response contains all
the conviction information that has been reported to the
Department pursuant to Section 2 . 1 of "An Act in relation to
criminal identification and investigation", approved July 2,
1931, as amended.
(Source: P.A. 85-922. )
(20 ILCS 2635/11) (from Ch. 38, par. 1611)
Sec. 11. Dissemination requests Not Based Upon Fingerprint
Identification. (A) When a requester is not legally mandated
to submit positive fingerprint identification to the
Department or when a requester is precluded from submitting
positive fingerprint identification to the Department due to
exigency, an appropriate warning shall be issued by the
Department indicating that the information furnished cannot be
identified with certainty as pertaining to the individual
named in the request and may only be relied upon as being
accurate and complete if the requester has first complied with
the requirements of subsection (B) of Section 7 .
(B) If the identifying information submitted by the
requester to the Department corresponds to more than one
individual found in the files maintained by the Department,
the Department shall not disclose the information to the
requester, unless it is determined by the Department that
dissemination is still warranted due to exigency or to
administer the criminal laws. In such instances, the
Department may require the requester to submit additional
identifying information or fingerprints in the form and manner
prescribed by the Department.
(Source: P.A. 85-922. )
(20 ILCS 2635/12) (from Ch. 38, par. 1612)
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20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 7 of 11
Sec. 12. Error Notification and Correction Procedure. It
is the duty and responsibility of the Department to maintain
accurate and complete criminal history record information and
to correct or update such information after determination by
audit, individual review and challenge procedures, or by other
verifiable means, that it is incomplete or inaccurate. Except
as may be required for a longer period of time by Illinois
law, the Department shall notify a requester if a subsequent
disposition of conviction or a subsequent modification of
conviction information has been reported to the Department
within 30 days of responding to the requester.
(Source: P.A. 85-922. )
(20 ILCS 2635/13) (from Ch. 38, par. 1613)
Sec. 13. Limitation on Further Dissemination. Unless
otherwise permitted by law or in the case of exigency, the
subsequent dissemination of conviction information furnished
by the Department pursuant to this Act shall only be permitted
by a requester for the 30 day period immediately following
receipt of the information. Except as permitted in this
Section, any requester still wishing to further disseminate or
to rely on the accuracy and completeness of conviction
information more than 30 days from receipt of the information
from the Department shall initiate a new request to the
Department for current information.
(Source: P.A. 88-368. )
(20 ILCS 2635/14) (from Ch. 38, par. 1614)
Sec. 14 . Judicial Remedies. (A) The Attorney General or a
State's Attorney may bring suit in the circuit courts to
prevent and restrain violations of this Act and to enforce the
reporting provisions of Section 2.1 of "An Act in relation to
criminal identification and investigation", approved July 2,
1931, as amended. The Department may request the Attorney
General to bring any such action authorized by this
subsection.
(B) An individual aggrieved by a violation of this Act by
a State agency or unit of local government shall have the
right to pursue a civil action for damages or other
appropriate legal or equitable remedy, including an action to
compel the Department to disclose or correct conviction
information in its files, once administrative remedies have
been exhausted.
(C) Any civil action for damages alleging the negligent
dissemination of inaccurate or incomplete conviction
information by a State agency or by a unit of local government
in violation of this Act may only be brought against the State
agency or unit of local government and shall not be brought
against any employee or official thereof.
(D) Civil remedies authorized by this Section may be
brought in any circuit court of the State of Illinois in the
county in which the violation occurs or in the county where
the State agency or unit of local government is situated;
except all damage claims against the State of Illinois for
violations of this Act shall be determined by the Court of
Claims.
(Source: P.A. 85-922. )
(20 ILCS 2635/15) (from Ch. 38, par. 1615)
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20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 8 of 11
Sec. 15. Civil Damages. (A) In any action brought pursuant
to this Act, an individual aggrieved by any violation of this
Act shall be entitled to recover actual and general
compensatory damages for each violation, together with costs
and attorney's fees reasonably incurred, consistent with
Section 16 of this Act. In addition, an individual aggrieved
by a willful violation of this Act shall be entitled to
recover $1, 000. In addition, an individual aggrieved by a
non-willful violation of this Act for which there has been
dissemination of inaccurate or incomplete conviction
information shall be entitled to recover $200; provided,
however, if conviction information is determined to be
incomplete or inaccurate, by audit, by individual review and
challenge procedures, or by other verifiable means, then the
individual aggrieved shall only be entitled to recover such
amount if the Department fails to correct the information
within 30 days.
(B) For the purposes of this Act, the State of Illinois
shall be liable for damages as provided in this Section and
for attorney's fees and litigation costs as provided in
Section 16 of this Act. All damage claims against the State of
Illinois or any of its agencies for violations of this Act
shall be determined by the Court of Claims.
(C) For purposes of limiting the amount of civil damages
that may be assessed against the State of Illinois or a unit
of local government pursuant to this Section, a State agency,
a unit of local government, and the officials or employees of
a State agency or a unit of local government may in good faith
rely upon the assurance of another State agency or unit of
local government that conviction information is maintained or
disseminated in compliance with the provisions of this Act.
However, such reliance shall not constitute a defense with
respect to equitable or declaratory relief.
(D) For purposes of limiting the amount of damages that
may be assessed against the State of Illinois pursuant to this
Section, the Department may in good faith presume that the
conviction information reported to it by a clerk of the
circuit court or a criminal justice agency is accurate.
However, such presumption shall not constitute a defense with
respect to equitable or declaratory relief.
(Source: P.A. 85-922. )
(20 ILCS 2635/16) (from Ch. 38, par. 1616)
Sec. 16, Attorney' s Fees and Costs. (A) Attorney's fees
and other costs shall be awarded to any plaintiff who obtains
declaratory, equitable, or injunctive relief. The amount
awarded shall represent the reasonable value of the services
rendered, taking into account all the surrounding
circumstances, including but not limited to: the amount of
attorney time and other disbursements determined by the court
to be reasonably required by the nature of the case; the
benefit rendered to the public; the skill demanded by the
novelty or complexity of the issues; and the need to encourage
the enforcement of this Act.
(B) Attorney's fees and other costs shall, consistent with
subsection (A) of this Section, also be awarded to any
plaintiff who obtains monetary relief for damages . However, in
no event shall such an award exceed the actual amount of
monetary damages awarded to the plaintiff.
(C) The court shall, consistent with subsection (A) of
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GU 1Ll p Lo j x minors Unitorm Conviction information Act. Page 9 of 11
this Section, assess attorney's fees and litigation costs
reasonably incurred by the State, a unit of local government,
or government official or employee to defend against any
private party or parties bringing an action pursuant to this
Act, upon the court's determination that the action was
brought in bad faith or is malicious, vexatious, or frivolous
in nature.
(Source: P.A. 85-922. )
(20 ILCS 2635/17) (from Ch. 38, par. 1617)
Sec. 17 . Administrative Sanctions. The Department shall
refuse to comply with any request to furnish conviction
information maintained in its files, if the requester has not
acted in accordance with the requirements of this Act or rules
and regulations issued pursuant thereto. The requester may
appeal such a refusal by the Department to the Director. Upon
written application by the requester, the Director shall hold
a hearing to determine whether dissemination of the requested
information would be in violation of this Act or rules and
regulations issued pursuant to it or other federal or State
law pertaining to the collection, maintenance or dissemination
of criminal history record information. When the Director
finds such a violation, the Department shall be prohibited
from disseminating conviction information to the requester,
under such terms and conditions and for such periods of time
as the Director deems appropriate.
(Source: P.A. 85-922. )
(20 ILCS 2635/18) (from Ch. 38, par. 1618)
Sec. 18. Criminal Penalties. Any person who intentionally
and knowingly (A) requests, obtains, or seeks to obtain
conviction information under false pretenses, or (B)
disseminates inaccurate or incomplete conviction information
in violation of this Act, or (C) fails to disseminate or make
public conviction information as required under this Act, or
(D) fails to correct or update a conviction record after it is
determined by audit, by individual review and challenge
procedures, or by other verifiable means to be inaccurate or
incomplete for the purpose of causing harm to the individual
named in the request or to whom the information pertains, or
(E) violates any other provision of this Act, shall for each
offense be guilty of a Class A misdemeanor.
(Source: P.A. 85-922. )
(20 ILCS 2635/19) (from Ch. 38, par. 1619)
Sec. 19. Coordinating and Implementing Policy. The
Department shall adopt rules to prescribe the appropriate
form, manner and fees for complying with the requirements of
this Act. The Authority shall adopt rules to prescribe form,
manner and maximum fees which the Authority is authorized to
establish pursuant to subsection (B) of Section 8 of this Act.
Such rulemaking is subject to the provisions of the Illinois
Administrative Procedure Act.
(Source: P.A. 85-922. )
(20 ILCS 2635/20) (from Ch. 38, par. 1620)
Sec. 20. State Liability and Indemnification of Units of
Local Government. (A) The State of Illinois shall guarantee
the accuracy and completeness of conviction information
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�O ILCS 2635/ Illinois Uniform Conviction Information Act. Page 10 of 11
disseminated by the Department that is based upon fingerprint
identification. The State of Illinois shall not be liable for
the accuracy and completeness of any information disseminated
upon identifying information other than fingerprints.
(B) The State of Illinois shall indemnify a clerk of the
circuit court, a criminal justice agency, and their employees
and officials from, and against, all damage claims brought by
others due to dissemination by the Department of inaccurate or
incomplete conviction information based upon positive
fingerprint identification, provided that the conviction
information in question was initially reported to the
Department accurately and in the timely manner mandated by
Section 2.1 of "An Act in relation to criminal identification
and investigation", approved July 2, 1931, as amended.
(Source: P.A. 85-922. )
(20 ILCS 2635/21) (from Ch. 38, par. 1621)
Sec. 21. Audits. The Department shall regularly conduct
representative audits of the criminal history record keeping
and criminal history record reporting policies, practices, and
procedures of the repositories for such information in
Illinois to ensure compliance with the provisions of this Act
and Section 2. 1 of "An Act in relation to criminal
identification and investigation", approved July 2, 1931, as
amended. The findings of such audits shall be reported to the
Governor, General Assembly, and, upon request, to members of
the general public.
(Source: P.A. 85-922. )
(20 ILCS 2635/22) (from Ch. 38, par. 1622)
Sec. 22. Supplementary Remedies. The remedies provided in
this Act are supplementary to, and in no way modify or
supplant, any other applicable causes of action arising under
the Constitution, statutes, or common law of the State of
Illinois.
(Source: P.A. 85-922. )
(20 ILCS 2635/23) (from Ch. 38, par. 1623)
Sec. 23. Construction. (A) The provisions of this Act
shall be construed to afford the maximum feasible protection
to the individual' s right to privacy and enjoyment of his good
name and reputation and shall be construed to apply to both
manual and automated criminal history record information
systems wherever possible.
(B) The provisions of this Act shall be construed to make
government agencies accountable to individuals in the
collection, use, and dissemination of conviction information
based upon positive fingerprint identification relating to
them.
(C) Nothing in this Act shall be construed as restricting
or prohibiting the dissemination of criminal history record
information to a requesting criminal justice agency or peace
officer or the dissemination of local criminal history record
information maintained by criminal justice agencies on behalf
of units of local government to members of the general public
requesting such information.
(Source: P.A. 85-922. )
(20 ILCS 2635/24) (from Ch. 38, par. 1624)
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20 ILCS 2635/ Illinois Uniform Conviction Information Act. Page 11 of 11
Sec. 24 . Statute of Limitations. Any cause of action
arising under this Act shall be barred unless brought within 3
years from the date of the violation of the Act or within 3
years from the date the plaintiff should reasonably have known
of its violation, whichever is -later.
(Source: P.A. 85-922. )
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City of McHenry
Parks & Recreation Department
Criminal History Background Investigation
Release for Employment
PLEASE READ
The City of McHenry will obtain criminal conviction information concerning individuals who
will be employed and will be operating in a supervisory role over children under 18 years of
age. Additional information including fingerprints may be required to successfully complete
the criminal background check. Conviction of offenses enumerated in the subsection C of
Statute 7-ILCS 1205/8-23 shall automatically disqualify the applicant from working for the
city, but rather the conviction will be considered in relationship to the specific job. All
information obtained will be kept confidential and used only to evaluate employment
possibilities with the City of McHenry. This check may be repeated at anytime during
employment.
Legal Name:
Please Print LAST FIRST MIDDLE
Address:
STREET CITY STATE ZIP
Date of Birth: / / Social Security Number:
Sex: "M" (Male); "F" (Female) Phone Number:
Signature of Applicant or Parent/Guardian (if applicant is under 18 years of age):
Date: / /
Please indicate: Applicant Parent/Guardian Relationship:
(If signature of parent/guardian is required, list relationship to applicant)
FOR CITY OF MCHENRY USE ONLY
Position Applied For:
Supervisor:
Received by Human Resource Department: / /
Report Ordered: / /
Illinois State Police Report Date: / /
Page 1 of 2
(70 ILCS 1205/8-23)
Sec. 8-23. Criminal background investigations.
(a) An applicant for employment with a park district is
required as a condition of employment to authorize an
investigation to determine if the applicant has been convicted
of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has been convicted, within 7
years of the application for employment with the park
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a
felony under the laws of this State. Authorization for the
investigation shall be furnished by the applicant to the park
district. Upon receipt of this authorization, the park
district shall submit the applicant's name, sex, race, date of
birth, and social security number to the Department of State
Police on forms prescribed by the Department of State Police.
The Department of State Police shall conduct a search of the
Illinois criminal history records database to ascertain if the
applicant being considered for employment has been convicted
of committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) of this Section or
has been convicted of committing or attempting to commit,
within 7 years of the application for employment with the park
district, any other felony under the laws of this State. The
Department of State Police shall charge the park district a
fee for conducting the investigation, which fee shall be
deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry. The applicant shall not be
charged a fee by the park district for the investigation.
(b) If the search of the Illinois criminal history record
database indicates that the applicant has been convicted of
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7
years of the application for employment with the park
district, any other felony under the laws of this State, the
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint based
background check, records of convictions, until expunged, to
the president of the park district. Any information concerning
the record of convictions obtained by the president shall be
confidential and may only be transmitted to those persons who
are necessary to the decision on whether to hire the applicant
for employment. A copy of the record of convictions obtained
from the Department of State Police shall be provided to the
applicant for employment. Any person who releases any
confidential information concerning any criminal convictions
of an applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is
authorized by this Section.
(c) No park district shall knowingly employ a person who
has been convicted for committing attempted first degree
murder or for committing or attempting to commit first degree
murder, a Class X felony, or any one or more of the following
offenses: (i) those defined in Sections 11-6, 11-9, 11-14,
11-15, 11-15. 1, 11-16, 11-17, 11-18, 11-19, 11-19. 1, 11-19.2,
11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14 . 1, 12-15, and 12-16
of the Criminal Code of 1961; (ii) those defined in the
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Page 2 of 2
Cannabis Control Act, except those defined in Sections 4 (a) , 4
(b) , and 5 (a) of that Act; (iii) those defined in the Illinois
Controlled Substances Act; (iv) those defined in the
Methamphetamine Control and Community Protection Act; and (v)
any offense committed or attempted in any other state or
against the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, no park district
shall knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987 . No park district shall knowingly
employ a person for whom a criminal background investigation
has not been initiated.
(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05. )
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