NEW ITEMS
Meeting of the Cook County Board of Commissioners
County Board Room, County Building
Tuesday, February 3, 2004, 10:00 A.M.
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PROPOSED ORDINANCE
ITEM #1
BOBBIE L. STEELE and ROBERTO MALDONADO, County Commissioners
Co-Sponsored by
JERRY BUTLER, EARLEAN COLLINS, ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN,
CARL R. HANSEN, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY,
ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS
and LARRY SUFFREDIN, County Commissioners
PROPOSED ORDINANCE
AN ORDINANCE CREATING AN EMPLOYMENT DEMONSTRATION
PILOT PROJECT FOR FIRST TIME NONVIOLENT OFFENDERS ENTITLED
“THE COOK COUNTY RE-ENTRY EMPLOYMENT PROJECT”
WHEREAS, there are now more than 11,000 persons incarcerated in the Cook County Correctional Center; and
WHEREAS, the majority of individuals currently incarcerated have committed nonviolent offenses; and
WHEREAS, the majority of these individuals upon release return to communities within Cook County; and
WHEREAS, there are currently 425,000 formerly incarcerated individuals former offenders in Illinois with the majority residing in communities within Cook County; and
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 Illinois; and
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
ARTICLE I. GENERAL PROVISIONS
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 Cook County and the State, to encourage the employment of persons previously convicted of one nonviolent criminal offense; and
(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 Cook County in protecting property, and the safety and welfare of specific individuals or the general public.
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 COUNTY BOARD OF COMMISSIONERS’ PARTICIPATION
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 Cook County issued Certificate of Good Conduct and Rehabilitation, she/he would need to complete a job readiness program specifically designed for former offenders and designated by the Cook County Board of Commissioners as a qualifying training program.
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 Cook County government and/or businesses serving as County contractors. All participants will be paid a stipend of $7.50 per hour (livable wage) during their participation as interns. Internships may or may not be directly related to the full time position for which the participant may ultimately apply depending upon staffing needs of the County and of participating County contractors which shall determine availability, types, and number of full time position openings. Upon successful completion of the designated internship, participants may then petition the Review Panel for the issuance of a Certificate of Good Conduct and Rehabilitation. Once issued, participants may then apply for the first appropriate full time position that is available with the County and/or selected contractors.
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 Cook County, the Certificate of Good Conduct and Rehabilitation will automatically be revoked.
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 January 29, 2004 from
RAYMOND C. ROBIN, Purchasing Agent
Re: December 16, 2003
Contracts and Bonds Letter
Please be advised that on the December 16, 2003 Contracts and Bonds letter there are three errors. The first error is on the second item on page 3, Micrins Surgical, Incorporated, the contract number reads 04-41-151, when it should be 04-45-136. The second error is the fourth item on page 4, Stryker Howmedica Osteonics, the contract period reads it is for a period of twelve (12) months, when it should be twenty-four (24) months. The third error is the third item on page 9, Ravenswood Medical Resources Corporation, the amount reads $41,982.49, when it should be $1,982.49.
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.
COOK COUNTY STATE’S ATTORNEY
ITEM #3
Transmitting a Communication, dated January 15, 2004 from
PATRICK T. DRISCOLL, JR., Deputy State’s Attorney, Chief, Civil Actions Bureau
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. County of Cook, Cook County Hospital, and Robert Hall, M.D., Case No. 01-L-9464 (refiled 97-L-7953) (Comm. No. 263774)
3. Jerry Milam v. County of Cook, Chad R. Justesen, M.D., and James L. Stone, M.D., Case No. 00-L-7449 (Comm. No. 263775)
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 January 27, 2004 from
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 July 1, 1995 with the Illinois Department of Public Aid regarding certain Medicaid payments.
Following the amendment to this Agreement, the County will make increased quarterly intergovernmental transfers to the State of Illinois to provide the local share to support increased Medicaid payments by the State to the County.
This amendment should result in increased Medicaid revenues to Cook County of $32 million in Fiscal Year 2004.
_________________________
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 January 29, 2004 from
JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County
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 |
|
Naperville, Illinois
|
|
|
Gareda Diversified Business Services |
$169,544.63 |
|
Calumet City, Illinois
|
|
|
Midwest Medical Staffing |
$107,965.22 |
|
Oak Park, Illinois
|
|
|
Nurse Agency, Incorporated |
$ 67,071.75 |
|
Chicago, Illinois |
|
|
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, Cook County Board of Commissioners
PROPOSED RESOLUTION
RECOGNIZING THE UPCOMING 50TH ANNIVERSARY OF THE
BROWN V. BOARD OF EDUCATION OF TOPEKA, KANSAS DECISION
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