NEW ITEMS
Meeting of the
County Board Room,
* * * * * * * * * * * * * * * * * * * *
* * * * * * * *
PROPOSED ORDINANCE
ITEM #1
BOBBIE L. STEELE and ROBERTO MALDONADO,
Co-Sponsored by
JERRY BUTLER, EARLEAN COLLINS, ELIZABETH ANN DOODY
GORMAN, GREGG GOSLIN,
CARL R. HANSEN, JOSEPH MARIO
ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N.
SILVESTRI, DEBORAH SIMS
and LARRY SUFFREDIN,
PROPOSED ORDINANCE
AN ORDINANCE CREATING AN EMPLOYMENT
DEMONSTRATION
PILOT PROJECT FOR FIRST TIME NONVIOLENT
OFFENDERS ENTITLED
“THE
WHEREAS,
there are now more than 11,000 persons incarcerated in the
WHEREAS, the majority of individuals currently incarcerated
have committed nonviolent offenses; and
WHEREAS, the majority of these individuals upon release return
to communities within
WHEREAS, there are currently 425,000 formerly incarcerated
individuals former offenders in
WHEREAS, there are approximately 30,000 inmates scheduled to be
released from IDOC institutions this year with more than 60% returning to Cook
County; and
WHEREAS, currently there is a 44% recidivism rate for former
offenders released from state correctional facilities in
WHEREAS, access to livable wage employment has proven to be a
key factor in reducing the re-commission of crime and the rate of recidivism;
and
WHEREAS, the unemployment rate among former incarcerated
individuals who are county residents is higher than the general population in
large part due to the social stigma of being an ex-offender, unfair employment
discrimination, and the lack of access to legal employment opportunities,
education and vocational training within sectors of government and private
industry due to current policies; and
WHEREAS, government should be an exemplar to private industry
in regards to providing equal opportunity for qualified individuals seeking
employment.
NOW, THEREFORE, BE IT ORDAINED, that the Cook County Board of
Commissioners shall enact the following ordinance to establish and implement a
Re-entry Employment Demonstration Pilot Program for 150 adults and 50 youth who
are former offenders and residents of the County to facilitate more access to
Cook County government employment opportunities and positions with private
sector employers who secure contracts from Cook County as a strategy for
increasing public safety and reducing recidivism.
PROPOSED ORDINANCE continued
ITEM #1 cont’d
Section 1-1 This Ordinance shall be known as the “Cook
County Re-entry Employment Project Ordinance.”
Applicability
Section 1-2 (a) This
Ordinance shall establish the provision for and control of the issuance of
Certificates of Good Conduct and Rehabilitation by first time nonviolent
offenders by the Cook County Board of Commissioners.
(b) This
Ordinance shall direct the Review Panel and the Cook County Board of
Commissioners on how to provide access to employment within Cook County
government and private sector employers who secure contracts from Cook County
government for program participants who are nonviolent first time former offenders.
Severability
Section 1-3 If any section, subsection, paragraph, sentence or
clause of this Ordinance or the application thereof to any person is for any
reason deemed to be invalid or unconstitutional, such decision shall not
affect, impair or invalidate any remaining section, subsection, paragraph,
sentence or clause hereof or the application of this Ordinance to any other
person.
Effective Date
Section 1-4 (a) This
Ordinance shall take effect thirty (30) days after its passage and publication.
(b) Within
6 months after the implementation of this Pilot Project, the Review Panel shall
report to the Cook County Board of Commissioners regarding the use, costs,
effectiveness, and future viability of the Program as related to employability
of first time nonviolent offenders.
ARTICLE II. DEFINITIONS
Definitions
Section 2-1 As used in the Cook County Re-entry Employment Project
Ordinance:
(a) "Eligible
offender" means a person who has been convicted of a crime or of an
offense that is not a crime of violence as defined in Section 2 of the Crime
Victims Compensation Act, a Class X or a non-probationable offense, or a
violation of Article 11 or Article 12 of the Criminal Code of 1961, but who has
not been convicted more than once of a felony.
(b) "Felony"
means a conviction of a felony in this State, or of an offense in any other
jurisdiction for which a sentence to a term of imprisonment in excess of one
year was authorized.
(c) “Conviction”
means a plea or a verdict of guilty upon which a sentence of probation,
conditional discharge, or supervision has been imposed shall be deemed to be a
conviction.
(i) two or more convictions of felonies charged
in separate counts of one indictment or information shall be deemed to be one
conviction.
(d) The
minimum period of good conduct by the individual referred to in paragraph (1)
of subsection (a) of this Section, shall be as follows: if the most serious crime of which the
individual was convicted is a misdemeanor, the minimum period of good conduct
shall be six (6) months; if the most serious crime of which the individual was
convicted is a Class 1, 2, 3 or 4 felony, the minimum period of good conduct
shall be one (1) year. Criminal acts
committed outside the State shall be classified as acts committed within the
State based on the maximum sentence that could have been imposed based upon the
conviction under the laws of the foreign jurisdiction. The minimum period of good conduct by the
individual shall be measured either from the date of the payment of any fine
imposed upon him or her, or from the date of his or her release from custody by
parole, mandatory supervised release or commutation or termination of his or
her sentence. The Review Panel shall
have power and it shall be its duty to review all applications when the
application is presented and to grant or deny the same within a reasonable time
after the making of their recommendation.
PROPOSED ORDINANCE continued
ITEM #1 cont’d
ARTICLE
III. THE POWERS AND DUTIES OF REVIEW
PANEL
Section 3-1 Establishment
of Review Panel
(a) In order to facilitate the implementation of
this Ordinance, the Board shall establish a Review Panel consisting of seven
(7) members.
(b) The members of the Review Panel shall be
appointed as follows: the Clerk to the
Circuit Court appoints one (1) member; the Chief Judge appoints one (1) member;
and the President of the Cook County Board of Commissioners appoints five (5)
members.
(c) The
Panel shall keep records of all of its official actions and shall make them
accessible in accordance with law and the rules of the Panel.
(d) Each
member of the Panel and any hearing officer designated by the Panel shall have
the power to administer oaths and to take the testimony of persons under oath.
(e) Any written report submitted to the Review
Panel under this Section is confidential and may not be made available to any
person or public or private agency except if specifically required or permitted
by authorization of the court. In its
discretion, the court may except from disclosure a part or parts of the report
that are not relevant to the granting of a certificate, or sources of
information which have been obtained on a promise of confidentiality, or any
other portion of their report, disclosure of which would not be in the interest
of justice.
(f) The Review Panel shall interview each
applicant and review each application for a County issued Certificate of Good
Conduct and Rehabilitation. After the Panel has decided an applicant is
eligible for a Certificate of Good Conduct and Rehabilitation, the Panel shall
make their recommendation to the Cook County Board of Commissioners.
(g) In making such a determination, the Review
Panel shall consider the following factors:
(1) the
public policy of
(2) the
specific duties and responsibilities necessarily related to the position being
sought; and
(3) the
bearing, if any, the criminal offense for which the person was previously
convicted will have on his or her fitness or ability to perform one or more such
duties and responsibilities; and
(4) the time which has elapsed since the
occurrence of the criminal offense; and
(5) the age of the person at the time of
occurrence of the criminal offense; and
(6) the
seriousness of the offense; and
(7) any
information produced by the person or produced on their behalf in regard to
their good conduct and rehabilitation, including a State issued Certificate of
Relief from Disabilities and/or Good Conduct, which certificates shall create a
presumption of rehabilitation in regard to the offense(s)
specified in the certificates; and
(8) the
legitimate interest of
PROPOSED ORDINANCE continued
ITEM #1 cont’d
(h) The
Review Panel shall report to the Cook County Board of Commissioners by November
30 of each year, for each Certificate of Good Conduct and Rehabilitation
issued, the number of applicants with felony convictions, the number of
applicants with misdemeanor convictions, the number of applicants with State
issued Certificates of Relief from Disabilities and/or Good Conduct, the number
of applicants with felony convictions denied Certificates of Good Conduct and
Rehabilitation and the number of applicants with Certificates of Good Conduct
and Rehabilitation employed in County government jobs.
ARTICLE
IV. COOK
Section
4.1 Issuance of Certificate of Good
Conduct and Rehabilitation
(a) The
Cook County Board of Commissioners shall have the power to issue a Certificate
of Good Conduct and Rehabilitation to any eligible offender who resides within
this State and whose judgment of conviction was rendered by court in this or
any other jurisdiction.
(b) Upon
entry of approval, the Cook County Commission shall issue to the person
applying, a certificate stating that their behavior after conviction has
warranted the issuance of the Certificate of Good Conduct and Rehabilitation as
a prerequisite to employment within Cook County Government or with a designated
County contractor.
(c) The
Cook County Board of Commissioners may, in its discretion, issue a Certificate
of Good Conduct and Rehabilitation to an eligible former offender. The Certificate may not be issued earlier
than six (6) months to formerly incarcerated individuals with misdemeanor
convictions or one (1) year to those with one felony conviction subsequent to
their release from County or State incarceration or supervision.
(d) The
Certificate may not issued by the Cook County Board of Commissioners unless the
Board of Commissioners is satisfied that:
(1) the
person to whom it is to be granted is an eligible former offender, as defined
in Section 2-1(a).
(2) the
access to employment to be granted by the Certificate is consistent with the
guidelines of the Pilot Project for the eligible former offender; and
(3) the
access to employment to be granted by the Certificate is consistent with the
public interest.
(e) The
Cook County Board of Commissioners by majority vote of a quorum, shall have the
power to issue a Certificate of Good Conduct and Rehabilitation to any eligible
former offender previously convicted of a crime in this State, when the Board
is satisfied that:
(1) the
applicant has conducted him or herself in a manner warranting the issuance for
the required minimum period and has successfully completed the designated
employment readiness training; and
(2) the access to employment to be granted by the
Certificate is consistent with the Pilot Project of the County; and
(3) the access to employment to be granted is
consistent with the public interest.
(f) The
Cook County Board of Commissioners shall have the power to issue a Certificate of Good Conduct and
Rehabilitation to any person previously convicted of a crime in any other
jurisdiction, when the Board is satisfied that the provisions of paragraphs
(1), (2) and (3) are met.
PROPOSED ORDINANCE continued
ITEM #1 cont’d
(g) No
application for any employment specified in Article V, Section 1 granted under
the authority of this County shall be denied by reason of an eligible former
offender who has obtained a Certificate of Good Conduct and Rehabilitation, as
defined in this Ordinance, having been previously convicted of one criminal offense,
or by reason of a finding of lack of "good moral character" when the
finding is based upon the fact that the applicant has previously been convicted
of one criminal offense unless:
(1) there
is a direct relationship between the previous criminal offense and the specific
job sought; or
(2) the
employment of the person would involve an unreasonable risk to property or to
the safety or welfare of specific individuals or the general public.
In
order for formerly incarcerated individuals who are first time nonviolent
offenders and residents of the County to be issued a Certificate of Good
Conduct and Rehabilitation and apply for employment within the designated Job
Classifications of the County and/or with companies serving as contractors,
they must have successfully completed a Board approved employment readiness training, a twelve (12) month County Internship
Program, and be in receipt of documentation to that effect which is to be
submitted as the primary evidence of their good conduct and rehabilitation to
the Review Panel for consideration of certificate issuance. Other documents may also be submitted to
further support the participant’s status of rehabilitation as related to
education, vocational training, employment and/or volunteer experience. Participants
with State issued Certificates of Good Conduct, Certificates of Relief from Disabilities or State
professional/occupational licenses shall be awarded additional preference when
applying for participation in the Project as well as for employment.
Section 5-3
Ex-Offender Job Readiness Program
As the first phase for
an individual to become eligible for a
Such a training
program shall provide intake and screening services to identify needs of each
participant and develop a specific employability training plan. All training plans shall include core modules
to address, in a holistic approach, the special needs of former offenders
seeking employment within the County and/or with designated County
contractors. The modules shall include
information/education, skill building and behavioral modification techniques in
the areas of cognitive restructuring, resume preparation, interviewing, alcohol
and substance abuse prevention, anger management and conflict resolution, and
relationships in the work place.
The designated
training provider shall also have referral agreements in place with educational
institutions and social service agencies for participants to access supportive
services for assistance with food, clothing, housing, substance abuse
counseling, GED classes, vocational training, and family reunification
services. The work readiness program
shall also include an aftercare component which will serve as an on-going
support system for candidates who have successfully completed the core training
modules.
PROPOSED ORDINANCE continued
ITEM #1 cont’d
Eligibility criteria
for admission to the former offender work readiness training program shall be established by the
community based organizations that are operating such programs with the
specific inclusion of the following:
Participants must be screened for motivation to participate in the
program, history of drug and alcohol use/abuse, mental health history, type of
offense committed, criminal record, current immediate support needs (housing, food, clothing, temporary
emergency financial assistance, etc.), employment history, educational
background, and willingness to change their thinking and behavior. All participants must be drug free prior to
entering the program. Drug test will be given randomly throughout the work
readiness program.
Section-5-4 Pre-Employment/ Internship Program
Upon successful
completion of the Job Readiness Training program, participants shall become
eligible for a twelve (12) month Pre-Employment Internship Program to prepare
them for full time employment within
ARTICLE VI. LEGAL IMPACT OF COUNTY ISSUED
CERTIFICATE OF GOOD CONDUCT AND
REHABILITATION
Section 6-1 This Section shall not affect the right of a
person to collaterally attack his conviction or to rely on it in bar of
subsequent proceedings for the same offense.
(a) A
Certificate of Good Conduct and Rehabilitation does not, however, in any way
prevent any judicial proceeding, administrative, licensing, or other body,
board, or authority from relying upon the conviction specified in the
certificate as the basis for the exercise of its discretionary power to
suspend, revoke, or refuse to issue or refuse to renew any license, permit, or
other authority or privilege.
(b) A
Cook County issued Certificate of Good Conduct and Rehabilitation shall not
limit or prevent the introduction of evidence of a prior conviction for
purposes of impeachment of a witness in a judicial or other proceeding where
otherwise authorized by the applicable rules of evidence.
(c) A
Certificate of Good Conduct and Rehabilitation may be granted as provided in
this Section to an eligible offender as defined in Article II this Ordinance
who has demonstrated that s/he has been a law-abiding citizen.
(d) A
Certificate of Good Conduct and Rehabilitation may not, however, in any way
prevent any judicial proceeding, administrative, licensing, or other body,
board, or authority from considering the conviction specified in the
certificate.
(e) A
Certificate of Good Conduct and Rehabilitation shall not limit or prevent the
introduction of evidence of a prior conviction for purposes of impeachment of a
witness in a judicial or other proceeding where otherwise authorized by the
applicable rules of evidence.
(f) Certificate
is not to be deemed to be a pardon.
Nothing contained in this Article shall be deemed to alter or limit or
affect the manner of applying for pardons to the Governor, and no certificate
issued under this Article shall be deemed or construed to be a Pardon.
Section 6-2 Grievance
Process
It is not the
intention of this Ordinance or the actions of the Review Panel or the Board of
Cook County Commissioners to replace or substitute any employee grievance
process that currently exists in County government. This Ordinance does not preclude a
participant from exercising their due process rights that may be available to
them within the scope of their employment.
PROPOSED ORDINANCE continued
ITEM #1 cont’d
(a) If
an employee is subject to an adverse action by their employer/supervisor and
they have a grievance procedure to address the employee’s issue, the employee
must exhaust the process for redress.
(b) This
Ordinance does not create a separate or alternative grievance process for
employees to seek redress from an adverse action taken against them.
ARTICLE VII. REVOCATION OF CERTIFICATE
OF GOOD CONDUCT AND REHABILITATION
Section 7.1 In revoking a Certificate of Good Conduct and
Rehabilitation, the action of the Cook County Board of Commissioners shall be
by majority vote of the members authorized to revoke the Certificate.
(a) Revocation
shall be upon notice to the person, who shall be accorded an opportunity to
contest the grounds of revocation prior to a decision to revoke the Certificate
of Good Conduct and Rehabilitation.
(b) Any
such person possessing a Cook County issued Certificate of Good Conduct and
Rehabilitation, shall upon receipt of the determination of revocation,
surrender the certificate to the Cook County Board of Commissioners or their
designee.
(c) A
person who knowingly uses or attempts to use a revoked Certificate of Good
Conduct and Rehabilitation in order to obtain or to exercise any right or
privilege that they would not be entitled to obtain or to exercise without a
valid certificate is guilty of a Class A misdemeanor.
(d) If
the program participant is terminated from their employment with
ARTICLE VIII. FORMS AND FILING
Section 8-1 (a) All
applications, certificates, and orders of revocation necessary for the purposes
of this Article shall be upon forms prescribed under an agreement among the
Review Panel, the Clerk of the Circuit Court and the Cook County Board of
Commissioners or their designees. The
forms relating to Certificates of Good Conduct and Rehabilitation shall be
distributed by the Clerk of the Circuit Court.
(b) Any court or board issuing or revoking Certificate
under this Article shall immediately file a copy of the Certificate of Good
Conduct and Rehabilitation or a copy of the order of revocation with the Clerk
of the Circuit Court.
_________________________
Commissioner Steele, seconded by Commissioner
Maldonado, moved to suspend the rules so that this matter may be
considered. The motion carried
unanimously.
Commissioner Steele, seconded by Commissioner
Silvestri, moved that the Proposed Ordinance be referred to the Committee on
Law Enforcement and Corrections Department of Corrections Subcommittee. (Comm.
No. 263772). The motion carried
unanimously.
COUNTY PURCHASING AGENT
ITEM #2
Transmitting a Communication,
dated
RAYMOND C. ROBIN, Purchasing
Agent
Re:
Contracts and Bonds Letter
Please be advised that on the
COUNTY PURCHASING AGENT continued
ITEM #2 cont’d
_________________________
Commissioner Hansen, seconded by Commissioner Butler,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Silvestri, seconded by Commissioner Sims,
moved that the request of the County Purchasing Agent be approved. The
motion carried unanimously.
ITEM #3
Transmitting a Communication,
dated
PATRICK T. DRISCOLL, JR.,
Respectfully
request permission to discuss the following cases with the Board or the
appropriate committee thereof:
1. James Guidone v. Weres, et al.,
Case No. 01-L-9044
(Comm. No. 263773)
2.
Yale Brevda v.
3.
Jerry Milam v.
4.
Raul Aquirre
v. Board of Review, Case No. 02-L-6793
(Comm.
No. 263776)
_________________________
Commissioner Hansen, seconded by Commissioner Butler,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Silvestri, seconded by Commissioner Sims,
moved that the communications be referred to the Committee on Finance
Litigation Subcommittee. The motion carried unanimously.
INTERGOVERNMENTAL AGREEMENT
ITEM #4
Transmitting
a Communication, dated
RUTH
M. ROTHSTEIN, Chief, Bureau of Health Services
Re: Intergovernmental
Agreement
This
is to request authorization for the President to execute Amendment No. 4 to the
Intergovernmental Agreement originally dated
Following
the amendment to this Agreement, the County will make increased quarterly
intergovernmental transfers to the State of
This
amendment should result in increased Medicaid revenues to
_________________________
Commissioner Hansen, seconded by Commissioner Butler,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Silvestri, seconded by Commissioner Sims,
moved that the request of the Chief of the Bureau of Health Services be
approved. The motion carried
unanimously.
APPROVAL
OF PAYMENT
ITEM #5
Transmitting
a Communication, dated
JOHNNY
C. BROWN, Chief Operating Officer,
requesting
authorization for the Cook County Board of Commissioners to approve payment for
nursing registry services received in Fiscal Year 2003 for the Department of
Nursing at Stroger Hospital of Cook County, to the vendors listed below as
follows:
|
VENDOR |
AMOUNT |
|
|
|
|
LMR
Nursing Services, Incorporated |
$355,990.29 |
|
|
|
|
Gareda
Diversified Business Services |
$169,544.63 |
|
|
|
|
|
$107,965.22 |
|
|
|
|
Nurse
Agency, Incorporated |
$
67,071.75 |
|
|
|
|
Reason: |
This
unauthorized purchase was a result of the department’s error in not
reconciling and submitting the invoices for payment on time. In order to ensure that this does not occur
again monitoring procedures are now in place. |
Estimated
Fiscal Impact: $700,571.89. (897-275 Account).
_________________________
Commissioner Hansen, seconded by Commissioner Butler,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Silvestri, seconded by Commissioner Sims,
moved that the payment to the above vendors be made. The motion carried unanimously.
PROPOSED RESOLUTIONS
ITEM #6
Submitting
a Proposed Resolution sponsored by
JOHN H. STROGER, JR., President,
PROPOSED RESOLUTION
RECOGNIZING THE UPCOMING 50TH ANNIVERSARY OF THE
BROWN V. BOARD OF EDUCATION OF
WHEREAS, May 17, 2004, will mark the
50th Anniversary of the landmark Supreme Court decision, Brown, et al. v. Board of Education of Topeka, et al.; and
WHEREAS, this historic unanimous decision ended federally sanctioned racial segregation in the nation's public schools, overturning Plessy v. Ferguson and ruling that "separate educational facilities are inherently unequal". This decision had th