Posts Tagged → Constitution
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
(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.
March 3, 2015 the Will County judicial Committee met. Legislation was brought forward for a $300 Administration Fee charged to individuals when their car is towed. Presently there is no Administrative fee, but there is a towing fee and a storage fee that must be paid by the individual regardless of the verdict in court. Therefore the Judge can find you not guilty and you still must pay the storing and towing charge. With this new legislation, the administrative fee can be returned to you if the Judge orders it, but the towing and storage charges are the individuals expense even when found not guilty. Nothing is changed accept adding an administrative fee.
As a member of the Judicial committee I spoke firmly against what I consider unethical, immoral, and just plain not fair. With a not guilty finding the Judge should be able to refund the towing fee, the storage fee, and the administrative fee. Just because cities charge these fees to people found not guilty does not make it right. It should be the Judge’s decision if the fees should be returned. Will County would then have to pay the towing and storage charges, and not collect the Administrative fee.
The Committee argued that the administrative fee may be too high putting a burden on people. I felt like they thought the towing and storage fees were just an acceptable part of the process. One member said it is just like getting a lawyer; the court doesn’t reimburse that cost. I explained that you can represent yourself at no cost, and there would be no fees if your car was not towed unjustly in the first place.
Steve Balich (815) 557-7196
Will County Board District 7
Balich Ordinance not allowing aerial photos to initiate code violations is now law after Executive Order by County Executive
Balich Ordinance not allowing aerial photos to initiate code violations is now law after Executive Order by County Executive
The process addressing use of aerial photos in code violations began in April 2013 when Balich first brought a Resolution to the Legislative Committee. Balich said he was having trouble getting it to the right Committee. The issue was moving from Land Use to Judicial with not much happening. Balich eventually decided to move it forward as a change to the ordinance which required a public hearing and a full vote of the County Board. After playing ring around the Committees for a few Months moving from Judicial to Land Use to Executive and finally to a joint meeting of Land Use and Judicial in December 2013, it passed and was to be set for public hearing. Finally May 6th 2014 there was a public hearing, and immediately after the hearing the Judicial Committee voted it down. This was a shock for Balich who thought it would pass with no problem. It was dead as far as Reed Bible, Tom Weigel, Ken Harris, and Jacky Traynere were concerned. Balich said it is not over, he was not giving up. He said this is a people issue and could not understand why the Democrats and Weigel did not get it.
At the May 13th Executive Committee Jim Moustis motioned to put it back on the Agenda, for a vote of the full board. Reed Bible and Herb Brooks voted no the rest of the Committee voted yes giving the ordinance new life with a vote of the full Board. Jim Moustis made the valid point that 4 people from a committee should not have the power to kill an issue. Mr. Moustis also pointed out that anything can be added to the County Board Agenda by the Executive Committee. Balich was confident there were enough votes to pass from the full Board.May 14th the County Executive passed an Executive Order, putting Balich’s ordinance into law before the vote of the full Board. Balich is extremely pleased with Walsh’s decision standing for the people of Will County.
Executive Order 14-30
Aerial Photography Prohibited
Lawrence M. Walsh, will County Executive, hereby prohibits the Land Use Department and its personnel from using aerial photography to initiate an internal Land Use complaint of an ordinance violation. Dated May 14, 2014 and signed by Will Vounty Executive Lawrence M. Walsh.
By MaryAnn Ahern
| Tuesday, Jan 14, 2014 | Updated 11:36 PM CST
The Republican candidates for governor square off in their first debate, but the frontrunner was missing. MaryAnn Ahern reports.
Photos and Videos
Business Climate is ‘Broken’
More Photos and Videos
Tuesday was the first of several forums planned in advance of the GOP primary for Illinois gov-ernor.
Three of the candidates, state Sen. Bill Brady, state Treasurer Dan Rutherford and state Sen. Kirk Dillard attended the Will County Tea Party forum in Plainfield, but the front-runner — Bruce Rauner — was a no-show.
An empty chair was placed on stage for Rauner, who asked that a surrogate read an opening statement for him, a request that was denied.
The questions ranged from jobs to education.
Brady said he plans to abolish the State Board of Education if he’s elected governor.
Rutherford was asked about his views on same sex marriage.
“I think we need to be very sensitive about this kind of a discussion. Is it perfect to be in a world that has a man and a woman bearing their natural-born child? Sure it is. But it isn’t a perfect world we live in,” Rutherford said.
Dillard was asked about Rauner’s claim that union bosses control politicians.
“I’ve taken money from the Operating Engineers, that’s a private union, and they’re concerned, and they support me because they believe I’m the best candidate,” Dillard said.
Earlier this week, Rauner said all of the attention he’s receiving and questions about using clout to get his daughter into Walter Payton Prep stem from his high poll numbers.
“I’m an independent guy, I can’t be bought, bribed or intimidated,” Rauner said.
Rauner initially said he would only attend five public forums, but has now changed his mind and will also attend an extra one later this week.
After the forum, a straw poll was taken that included Rauner’s name. The results will be an-nounced Wednesday morning.
Ficarello Candidate for Will County Sheriff “CLEAR PATH PROGRAM” FOR INMATE WORKERS
November 5, 2013 Editor No Comments
“CLEAR PATH PROGRAM” FOR INMATE WORKERS To keep the incarceration rate below national average for non-violent misdemeanant offenders and traffic offenders, an alternative type of sentencing is needed in Will County. This alternative category of sentencing will present the court system with a program that would allow judges to order manual labor of sentenced inmates, […]
“CLEAR PATH PROGRAM” FOR INMATE WORKERS
To keep the incarceration rate below national average for non-violent misdemeanant offenders and traffic offenders, an alternative type of sentencing is needed in Will County. This alternative category of sentencing will present the court system with a program that would allow judges to order manual labor of sentenced inmates, in lieu of extended jail time. The alternative sentencing will not only help the taxpayer by reducing inmate housing costs due to the sentence time being exchanged for manual labor, but also provide these low risk offenders an opportunity to learn life skills and repay the community.
The placement in this type of alternative sentencing must meet certain eligibility and the individual must agree to the terms and rules of the program. The sentenced inmate must be physically capable and able to work in all weather.
The sentenced inmate must also pay a one-time insurance fee and processing fee prior to participation in this program. The processing fee will be utilized to provide special clothing for both the job being performed and exposure to the elements/climate.
These sentenced individuals will work only in approved work settings for governmental institutions, or non-profit 501(c)(3) organizations. They will be supervised by sworn officers, and will operate five days a week. A civilian coordinator will provide management of the various job assignments throughout the community. Failure to meet the terms of the program or a break in the rules will result in spending the rest of their sentence in a general population setting with the full sentencing reinstated.
Inmates in this program who have not completed high school or attained a G.E.D. will be encouraged to participate in the G.E.D. program offered by the Support Services Division of the Will County Adult Detention Facility.
This program will provide a “Clear Path” for inmates to learn the responsibility of hard work, serving their sentence and providing a positive experience by giving something back to the community, and encouraged enrollment in the Sheriff’s G.E.D. program. Also contact with various charitable organizations could provide help for these individuals once they have completed their sentencing.
The “Clear Path Program” will be evaluated after one year to analyze the cost, benefits and savings resulting from the program.
A future contingency of this plan would allow individuals sentenced to probation/supervision, including hours of community service, to also participate in a plan of a similar environment.
Will County has in my opinion excessive regulations. An example is the use of Aerial Photos to initiate code violations. I have been trying since April to amend the Ordinance to not allow it. Finally in October I am getting movement and it will be going to a vote either in October or November.
From beautiful Homer Glen, I know it is somewhat dangerous everywhere, but when you leave Homer Glen, or for that matter Will County the degree of danger increases. http://www.examiner.com/will-county-libertarian-in-chicago/class-for-conceal-carry-is-your-2nd-amendment-right I am not saying that a trip to Chicago is dangerous. I am saying that there is a higher probability of having a problem in Cook County as compared to Will County and other Collar Counties. Flash mob attacks, carjacking, muggings, and drive by shootings form this perception. http://www.examiner.com/will-county-libertarian-in-chicago/the-right-to-own-a-weapon-protects-our-freedom
I believe that open and concealed carry laws which are our right according to the second amendment would end some if not the majority of the insecurity I feel when I leave Homer Glen. The “Bad” guys seek weak or easy victims. If they don’t know who is carrying a weapon, suddenly everyone becomes a deterrent to crime. The Illinois State Police is in favor of concealed carry. http://www.freerepublic.com/focus/f-news/1818862/posts http://www.examiner.com/gun-rights-in-atlanta/open-carry-deters-armed-robbery-kennesaw
The Tea Party Organizers from Homer Lockport Tea Party, Joliet Tea Party, and Will County Tea Party Alliance recognize the importance of our second amendment right. We understand that carrying a gun on your person in Illinois is not legal. When you leave Illinois you can carry. The laws vary from State to State, but a conceal carry license from Utah is good in 32 States. That is why we are offering a legal class to be allowed to carry in certain States when leaving Illinois.
Our Utah Concealed Firearm Permit Class is a fun, exciting and very informative class. Our class covers everything from handgun styles, holsters and ammunition to the rules, laws and how to handle a confrontation. We provide you with all of the vital and necessary information to help you make the best decisions.
Under a Socialist Agenda we are experiencing a rapid decline in life toward that of a third world nation. People are waking up but many are still not paying attention. I we don’t stop Obama’s change we will never keep our standard of living, and loose our freedom. We just can’t take Freedom for granted. We now must fight for Freedom before it is gone.
It doesn’t matter if you are left or right, this video is about getting prepared for the coming decline which I fear this country must go through in order to return to the roots that made this country great.. Let me know your thoughts and feel free to pass along to your friends, neighbors, and family. http://www.examiner.com/will-county-libertarian-in-chicago/freedom-lost
Understanding that spending causes Debt, and the Elected officials need to stop using our money to buy our votes with doing things for us. Remember the only money government has comes from the taxpayer.