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Balich Resolution to allow Will County Board members to Carry concealed weapons in County Buildings

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This is the Resolution Presented June 16th 2016 at the Legislative Committee

Where as: There are terrorist attacks happening by the week, County Board/Forest Preserve elected officials are taking votes on issues;
Where as: Some armed security should be present, but it’s unfair to the taxpayer, to pay for sufficient armed security officers at meetings while numerous Will County Board Members/Commissioners have the proper license to carry concealed;
Where as: It’s not the licensed, law-abiding, trusted elected County Board Member/Commissioner we need to worry about;
Where as: An exception to Illinois’ weapons ban was carved out for elected or appointed municipal officials in 1872, enabling elected officials to carry firearms, make arrests, interview suspects, and even hold them in custody.
Where as: Public Act 90-0540 and (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
Sec. 3.1-15-25 allow for An Conservator of Peace Designation;
Where as: (60 ILCS 1/100-10) allows for a Township Enforcement Officer appointed by the Township;
Where as: Allowing Elected Will County Board Members/ Forest Preserve Commissioners with current concealed carry permits the ability to help in securing the safety of everyone at no cost to the taxpayer;
Therefore: We Do Resolve: Properly licensed Will County Board Members/Forest Preserve Commissioners should be allowed to exercise their right to carry concealed firearms in the County /Froest Preserve properties either by Resolution or Ordinance.

The following are statutes used in the Resolution

‘Conservator of the peace’
The Conservator of the Peace title is still used in the USA. For example, in Virginia, Special Conservators of the Peace have all the powers of a peace officer or law enforcement and are authorized to perform arrests, carry firearms as part of their duties, direct traffic, use a police logo on their uniform and utilize police style lights on their vehicles. They operate on public property such as court houses, parks and open spaces, housing developments, etc
The Illinois’ weapons ban was carved out for elected or appointed municipal officials in 1872, enabling them to carry firearms, make arrests and interview suspects, and even hold them in custody.
While state law does not offer an exact definition of the term, it generally refers to an official whose primary employment is not as a police officer.
(65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
Sec. 3.1-15-25. Conservators of the peace; service of
warrants.
(a) After receiving a certificate attesting to the
successful completion of a training course administered by
the Illinois Law Enforcement Training Standards Board, the
mayor, aldermen, president, trustees, marshal, deputy
marshals, and policemen in municipalities shall be
conservators of the peace. Those persons and others
authorized by ordinance shall have power (i) to arrest or
cause to be arrested, with or without process, all persons
who break the peace or are found violating any municipal
ordinance or any criminal law of the State, (ii) to commit
arrested persons for examination, (iii) if necessary, to
detain arrested persons in custody over night or Sunday in
any safe place or until they can be brought before the proper
court, and (iv) to exercise all other powers as conservators
of the peace prescribed by the corporate authorities.
(b) All warrants for the violation of municipal
ordinances or the State criminal law, directed to any person,
may be served and executed within the limits of a
municipality by any policeman or marshal of the municipality.
For that purpose, policemen and marshals have all the common
law and statutory powers of sheriffs.
(Source: P.A. 87-1119.)

Public Act 90-0540
(70 ILCS 1205/4-7) (from Ch. 105, par. 4-7)
Sec. 4-7. Employees; police force. The board of any
park district may employ engineers, attorneys, clerks and
other employees, including a police force, as may be
required, and may define and prescribe their respective
duties and compensation. After receiving a certificate
attesting to the successful completion of a training course
administered by the Illinois Law Enforcement Training
Standards Board, the members of the board and all police
officers appointed by the board shall be conservators of the
peace within and upon the parks, boulevards, driveways, and
property controlled by that park district, and shall have
power to make arrests subject to the provisions of the Park
District Police Act. The exercise of such authority shall not
permit the possession or use of firearms by members of the
board. (Members of the Board must have the certificate to Carry)
(Source: P.A. 89-458, eff. 5-24-96.)

Township constable/Enforcement Officer is an appointed position
(60 ILCS 1/100-10)
Sec. 100-10. Township enforcement officer.
(a) The township board may appoint one or more township enforcement officers to serve for a term of one year and may remove an officer with or without cause. Every person appointed to the office of township enforcement officer, before entering on the duties of the office and within 10 days after being notified of the appointment, shall cause to be filed in the office of the township clerk a notice signifying his or her acceptance of the office. A neglect to cause the notice to be filed shall be deemed a refusal to serve.
(b) The sheriff of the county in which the township is situated may disapprove any such appointment within 30 days after the notice is filed. The disapproval precludes that person from serving as a township enforcement officer, and the township board may appoint another person to that position subject to approval by the sheriff.
(c) Every person appointed to the office of township enforcement officer, before entering upon the duties of the office, shall execute, with sufficient sureties to be approved by the supervisor or clerk of the township, an instrument in writing by which the township enforcement officer and his or her sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto all sums of money as the township enforcement officer may become liable to pay on account of any neglect or default of the township enforcement officer or on account of any misfeasance of the township enforcement officer in the discharge of, or failure to faithfully perform, any of the duties of the office.
(d) The township enforcement officers shall have the same power and authority within the township as a deputy sheriff but only for the purpose of enforcing township ordinances. Notwithstanding any other provisions of this Section, township enforcement officers are authorized to enforce county ordinances within areas of a county located within the township pursuant to intergovernmental agreements between the respective county and township to the extent authorized by the agreement. The township enforcement officer shall not carry firearms and will not be required to comply with the Peace Officer and Probation Officer Firearm Training Act. The officer shall attend law enforcement training classes conducted by the Illinois Law Enforcement Training Standards Board. The township board shall appropriate all necessary monies for the training.
(d-5) (1) Except as provided in paragraph (2) of this subsection, in all actions for the violation of any township ordinance, township enforcement officers shall be authorized to issue and to serve upon any person who the township enforcement officer has reasonable grounds to believe is guilty of a violation of a township ordinance a notice of violation that shall constitute a summons and complaint. A copy of such notice of violation shall be forwarded to the circuit court having jurisdiction over the township where the violation is alleged to have been committed. Every person who has been issued a summons shall appear for trial, and the action shall be prosecuted in the corporate name of the township. Enforcement of county ordinances shall be in accordance with procedures adopted by the county and any applicable State law.
(2) In all actions for violation of any township ordinance when the fine would not be in excess of $500 and no jail term could be imposed, service of summons may be made by the township clerk by certified mail, return receipt requested, whether service is to be within or without the State.
(e) The township enforcement officers shall carry identification documents provided by the township board identifying him or her as a township enforcement officer. The officers shall notify the township clerk of any violations of township ordinances.
(f) Nothing in this Code precludes a county auxiliary deputy or deputy sheriff, or a municipal policeman or auxiliary police officer from serving as a township enforcement officer during off-duty hours.
(g) The township board may provide compensation for the township enforcement officer on either a per diem or a salary basis.

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