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AUTHORITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CHICAGO BOARD OF EDUCATION TO SHARE INVESTIGATION INFORMATION REGARDING ALLEGATIONS OF SERIOUS MISCONDUCT
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To: The Honorable Board of Commissioners of the Chicago Park District
I. Recommendation
Pursuant to the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), it is recommended that the Board of Commissioners of the Chicago Park District (the “Board”) enter an order authorizing the Chicago Park District (“CPK”) to enter into an Intergovernmental Agreement with the Board of Education of the City of Chicago (“CPS”) (collectively referred to as the “Parties”) to allow the Parties to share investigative information for employment candidates and/or dual employees regarding allegations of and substantiated findings involving sexual misconduct, sexual harassment, and physical abuse.
II. Agreement Information
Public Agency: Board of Education of the City of Chicago
Contract type: Intergovernmental agreement
Authorization: Authorize the General Superintendent and/or their designee to negotiate, enter into, and execute such intergovernmental agreement, amendments, and related documents and perform any and all acts as shall be necessary or advisable in connection with the transaction described herein. Authorize the General Counsel to include other relevant terms and conditions in the written agreements, amendments and instruments. Authorize the Secretary to attest as to the signing of the Agreements.
III. Explanation
Due to the nature of the work performed by the Parties, it is not uncommon for individuals have or hold positions of employment or apply for employment with both organizations. The Parties to this Agreement endeavor to vigorously safeguard the health and well-being of patrons and employees including minors in their custody or minors who participate in their programming or minors who are their employees. The Parties further wish to expand on, ensure the smooth implementation of, and ensure strict compliance with, the terms of 105 ILCS 5/22-94 regarding Faith’s law and the required employment history reviews.
In furtherance of these objectives, the Parties desire to share investigative information amongst the Parties’ respective department(s) charged with investigating allegations of sexual misconduct, sexual harassment, and physical abuse.
IV. General Conditions
1) Conflicts: The Agreement shall not be legally binding on the Chicago Park District if entered into in violation of the provisions of 50 ILCS 105, the Public Officer Prohibited Activities Act.
2) Ethics: The agreement shall contain a provision requiring compliance with Chapter III of the Code of the Chicago Park District ("Governmental Ethics").
3) Contingent Liability: Any agreement lawfully entered into for a period of more than one year shall be executory only for the amounts for which the Park District may become liable in succeeding fiscal years pursuant to 70 ILCS 17(i).