Section 2100.100  Introduction; Definitions

 

a)         Summary and Purpose

 

1)         This Part states the policy of the Law Enforcement Training and Standards Board (Agency) for making its records available for reasonable public inspection while, at the same time, protecting legitimate interests in confidentiality.

 

2)         This Part:

 

A)        Establishes the following classifications for records in the Agency's possession:

 

i)          Records that shall be disclosed; and

 

ii)         Records that shall be withheld from disclosure;

 

B)        Contains the procedures by which requesters may obtain records in the Agency's possession; and

 

C)        Contains the procedures for claiming and determining that records submitted to the Agency are exempt from disclosure.

 

b)         Definitions

Terms not defined in this Section shall have the same meaning as in the Freedom of Information Act [5 ILCS 140]. The following definitions are applicable for purposes of this Part:

 

"Act" means the Illinois Police Training Act [50 ILCS 705].

 

"Agency" means the Law Enforcement Training and Standards Board established by the Act.

 

"Commercial purpose" means the use of any part of a record or records, or information derived from records, in any form for sale, resale, or solicitation or advertisement for sales or services.  For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is:

 

to access and disseminate information concerning news and current or passing events;

 

for articles or opinion or features of interest to the public; or

 

for the purpose of academic, scientific, or public research or education.  (Section 2(c-10) of FOIA)

 

"Copying" means the reproduction of any record by means of any photographic, electronic, mechanical, or other process, device or means now known or hereafter developed and available to the Agency.  (Section 2(d) of FOIA)

 

"Director" means the Director of the Agency.

 

"FOIA" means the Freedom of Information Act [5 ILCS 140].

 

"Freedom of Information Officer" or "FOI Officer" means an individual or individuals responsible for receiving and responding to requests for public records.

 

"News media" means a newspaper or other periodical issued at regular intervals, news service in paper or electronic form, radio station, television station, television network, community antenna television service, or person or corporation engaged in making news reels or other motion picture news for public showing.  (Section 2(f) of FOIA)

 

"Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group.  (Section 2(b) of FOIA)

 

"Private information" means unique identifiers, including a person's Social Security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses.  Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.  (Section 2(c-5) of FOIA)

 

"Public Access Counselor" means an individual appointed to that office by the Attorney General under Section 7 of the Attorney General Act [15 ILCS 205].

 

"Public body" means all legislative, executive, administrative, or advisory bodies of the State, State universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, any subsidiary bodies of any of the foregoing, including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code [105 ILCS 5]. (Section 2(a) of FOIA)

 

"Records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of or under the control of the Agency.  (Section 2(c) of FOIA)

 

"Recurrent requester" means a person that, in the 12 months immediately preceding the request, has submitted to the same public body a minimum of 50 requests for records, a minimum of 15 requests for records within a 30-day period, or a minimum of 7 requests for records within a 7 day period. For the purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods, in this definition when the principal purpose of the requests is to access and disseminate information concerning news and current or passing events, for articles of opinion or features of interest to the public, or for the purpose of academic, scientific, or public research or education.  For the purposes of this definition, "request" means a written document (or oral request, if the public body chooses to honor oral requests) that is submitted to a public body via personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the particular public record the requester seeks.  One request may identify multiple records to be inspected or copied.  (Section 2(g) of FOIA)

 

"Requester" is any person who has submitted to the Agency a written request, electronically or on paper, for records.

 

"Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information.  (Section 7(1)(c) of FOIA)

 

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.105  Classification of Records

 

a)         Records that Will be Disclosed

Upon request meeting the requirements of this Part, the Agency shall disclose to the requester all records requested except that it shall not disclose certain records as provided in Section 2100.105(b) or (c).  Records covered under this Section shall include, but are not limited to:

 

1)         Records of Funds.  All records relating to the obligation, receipt and use of public funds of the Agency are records subject to inspection and copying by the public. (Section 2.5 of FOIA)

 

2)         Payrolls.  Certified payroll records submitted to the Agency under Section 5(a)(2) of the Prevailing Wage Act [820 ILCS 130] are records subject to inspection and copying in accordance with the provisions of FOIA; except that contractors' and employees' addresses, telephone numbers, and Social Security numbers will be redacted by the Agency prior to disclosure.  (Section 2.10 of FOIA)

 

3)         Criminal History Records.  The following documents maintained by the Agency pertaining to criminal history record information are records subject to inspection and copying by the public pursuant to FOIA:

 

A)        Court records that are public;

 

B)        Records that are otherwise available under State or local law; and

 

C)        Records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi) of FOIA.  (Section 2.15(b) of FOIA)

 

4)         Settlement Agreements.  All settlement agreements entered into by or on behalf of the Agency are records subject to inspection and copying by the public, provided that information exempt from disclosure under Section 2100.105(a) or (b) may be redacted.  (Section 2.20 of FOIA)

 

5)         Records Not in Agency Possession.  A record that is not in the possession of the Agency but is in the possession of a party with whom the Agency has contracted to perform a governmental function on behalf of the Agency, and that directly relates to the governmental function and is not otherwise exempt under FOIA, shall be considered a record of the Agency for purposes of FOIA. (Section 7(2) of FOIA)

 

b)         Records that Will be Withheld from Disclosure

 

1)         For exemptions from FOIA that are stated in FOIA, see Section 7(1) of FOIA.

 

2)         For exemptions from FOIA that are stated in other statutes, see Section 7.5 of FOIA.

 

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.110  Procedures for Requesting Records from the Agency

 

a)         Submittal of Requests for Records

 

1)         Any request for public records should be submitted in writing to the FOI Officer at the Agency.

 

2)         The Agency has one FOI Officers, located in the Springfield Office.

 

3)         Contact information for State FOI Officers can be found online at www2.illinois.gov/Pages/FOIA-Contacts.aspx.

 

4)         FOIA requests may be submitted via mail, e-mail, fax, or hand delivery.  Requests should be mailed or hand delivered to:

 

Law Enforcement Training and Standards Board

4500 South Sixth Street Road, Room 173

Springfield, Illinois 62703

Attn:  FOI Officer

 

5)         E-mailed requests should be sent to ptb.foia.illinois.gov, contain the request in the body of the e-mail, and indicate in the subject line of the e-mail that it contains a FOIA request. Faxed FOIA requests should be faxed to 217/524-5350, Attn:  FOI Officer.

 

b)         Information to be Provided in Requests for Records.  A request for records should include:

 

1)         The complete name, mailing address and telephone number of the requester;

 

2)         As specific a description as possible of the records sought. Requests that the Agency considers unduly burdensome or categorical may be denied. (See Section 3(g) of FOIA and Section 2100.115(b).);

 

3)         A statement as to the requested medium and format for the Agency to use in providing the records sought: for example, paper, specific types of digital or magnetic media, or videotape;

 

4)         A statement as to the requested manner for the Agency to use in providing the records sought:  for example, inspection at Agency headquarters or providing paper or electronic copies;

 

5)         A statement as to whether the requester needs certified copies of all or any portion of the records, including reference to the specific documents that require certification; and

 

6)         A statement as to whether the request is for a commercial purpose.

 

c)         Requests for Records for Commercial Purposes

 

1)         It is a violation of FOIA for a person to knowingly obtain a record for a commercial purpose without disclosing that it is for a commercial purpose if requested to do so by the Agency. (Section 3.1(c) of FOIA)

 

2)         The Agency shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall:

 

A)        Provide to the requester an estimate of the time required by the Agency to provide the records requested and an estimate of the fees to be charged, which the Agency may require the person to pay in full before copying the requested documents;

 

B)        Deny the request pursuant to one or more of the exemptions set out in Section 2100.105(b);

 

C)        Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

 

D)        Provide the records requested. (Section 3.1(a) of FOIA)

 

c)         Unless the records are exempt from disclosure, the Agency shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes. (Section 3.1(b) of FOIA)

 

d)         Records Maintained Online

 

1)         Notwithstanding any provision of FOIA to the contrary, a public body is not required to copy a public record that is published on the public body's website. The public body shall notify the requester that the public record is available online and direct the requester to the website where the record can be reasonably accessed.

 

2)         If the person requesting the public record is unable to reasonably access the record online after being directed to the website pursuant to subsection (a), the requester may resubmit his or her request for the record stating his or her inability to reasonably access the record online, and the public body shall make the requested record available for inspection or copying as provided in Section 3 of FOIA. (Section 8.5 of FOIA)

 

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.115  Agency Response to Requests for Records

 

a)         Timeline for Agency Response

 

1)         Except as stated in subsection (b) or (c), the Agency will respond to any written request for records within 5 business days after its receipt of the request. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request.  If the Agency fails to respond to a request within the requisite periods in this subsection (a) but thereafter provides the requester with copies of the requested records, it will not impose a fee for those copies.  If the Agency fails to respond to a request received, it will not treat the request as unduly burdensome as provided under Section 2100.115(b).  (Section 3(d) of FOIA)  A written request from the Agency to provide additional information shall be considered a response to the FOIA request.

 

2)         The time limits prescribed in subsection (a) may be extended for not more than 5 business days from the original due date for any of the following reasons:

 

A)        The requested records are stored in whole or in part at locations other than the office having charge of the requested records;

 

B)        The request requires the collection of a substantial number of specified records;

 

C)        The request is couched in categorical terms and requires an extensive search for the records responsive to it;

 

D)        The requested records have not been located in the course of routine search and additional efforts are being made to locate them;

 

E)        The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 or 7.5 of FOIA or should be revealed only with appropriate deletions;

 

F)         The request for records cannot be complied with by the Agency within the time limits prescribed by subsection (a) without unduly burdening or interfering with the operations of the Agency; or

 

G)        There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.  (Section 3(e) of FOIA)

 

3)         The person making a request and the Agency may agree in writing to extend the time for compliance for a period to be determined by the parties.  If the requester and the Agency agree to extend the period for compliance, a failure by the Agency to comply with any previous deadlines shall not be treated as a denial of the request for the records.  (Section 3(e) of FOIA)

 

4)         When additional time is required for any of the reasons set forth in subsection (b), the Agency will, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming.  Failure to respond within the time permitted for extension shall be considered a denial of the request.  If the Agency fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records, it may not impose a fee for those copies.  If the Agency issues an extension and subsequently fails to respond to the request, it will not treat the request as unduly burdensome under Section 2100.115(b).  (Section 3(f) of FOIA)

 

b)         Requests for Records that the Agency Considers Unduly Burdensome

 

1)         The Agency will fulfill requests calling for all records falling within a category unless compliance with the request would unduly burden the Agency, there is no way to narrow the request, and the burden on the Agency outweighs the public interest in the information.  Before invoking this exemption, the Agency will extend to the requester an opportunity to confer with it in an attempt to reduce the request to manageable proportions.  (Section 3(g) of FOIA)  The amended request must be in writing.

 

2)         If the Agency determines that a request is unduly burdensome, it shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of the Agency. The response shall be treated as a denial of the request for information.  (Section 3(g) of FOIA)

 

3)         Repeated requests from the same person for records that are unchanged or identical to records previously provided or properly denied under this Subpart A shall be deemed unduly burdensome. (Section 3(g) of FOIA)

 

c)         Recurrent Requesters

 

1)         Notwithstanding any provision of this Subpart to the contrary, the Agency will respond to a request from a recurrent requester, as defined in Section 2100.100(b), within 21 business days after receipt.  The response shall:

 

A)        provide to the requester an estimate of the time required by the Agency to provide the records requested and an estimate of the fees to be charged, which the Agency may require the person to pay in full before copying the requested documents;

 

B)        deny the request pursuant to one or more of the exemptions set out in Section 2100.105(b);

 

C)        notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

 

D)        provide the records requested.

 

2)         Within 5 business days after receiving a request from a recurrent requester, the Agency will notify the requester that the Agency is treating the request as a recurrent request, of the reasons why the Agency is treating the request as a recurrent request, and that the Agency will send an initial response within 21 business days after receipt in accordance with subsection (a).  The Agency will also notify the requester of the proposed responses that can be asserted pursuant to subsection (a).

 

3)         Unless the records are exempt from disclosure, the Agency will comply with a request within a reasonable period considering the size and complexity of the request. (Section 3.2 of FOIA)

 

d)         Requests for Records that Require Electronic Retrieval

 

1)         A request for records that requires electronic retrieval will be treated the same as any other request for records, with the same timeline and extensions as allowed for other records.

 

2)         The Agency will retrieve and provide electronic records only in a format and medium that is available to the Agency.

 

e)         Denials of Requests for Records

 

1)         The Agency will deny requests for records when:

 

A)        Compliance with the request would unduly burden the Agency, as determined pursuant to Section 2100.115(b), and the requester has not reduced the request to manageable proportions; or

 

B)        The records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or Section 2100.105(b).

 

2)         The denial of a request for records must be in writing

 

A)        The notification shall include a description of the records denied; the reason for the denial, including a detailed factual basis for the application of any exemption claimed; and the names and titles or positions of each person responsible for the denial (Section 9(a) of FOIA);

 

B)        Each notice of denial shall also inform the person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor (Section 9(a) of FOIA); and

 

C)        When a request for records is denied on the grounds that the records are exempt under Section 7 or 7.5 of FOIA, the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to the supporting legal authority (Section 9(b) of FOIA).

 

3)         A requester may treat the Agency's failure to respond to a request for records within 5 business days after receipt of the written request as a denial for purposes of the right to review by the Public Access Counselor.

 

4)         If the Agency has given written notice pursuant to Section 2100.115(a), failure to respond to a written request within the time permitted for extension may be treated as a denial for purposes of the right to review by the Public Access Counselor.

 

5)         Any person making a request for records shall be deemed to have exhausted his or her administrative remedies with respect to that request if the Agency fails to act within the time periods provided in Section 2100.115(a).  (Section 9(c) of FOIA)

 

f)         Requests for Review of Denials – Public Access Counselor

A person whose request to inspect or copy a record is denied by the Agency may file a request for review, under Section 9.5 of FOIA,  with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial.  (Section 9.5(a) of FOIA)

 

g)         Circuit Court Review

A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or for the county in which the requester resides, in accordance with the procedures set forth in Section 11 of FOIA.

 

h)         Administrative Review

A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law [735 ILCS 5/Art. III].  An action for administrative review of a binding opinion of the Attorney General shall be commenced in Cook County or Sangamon County.  An advisory opinion issued to the Agency shall not be considered a final decision of the Attorney General for purposes of this Section.  (Section 11.5 of FOIA)

 

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.120  Procedures for Providing Records to Requests

 

a)         Inspection and Copying Records

 

1)         The Agency may make available records for personal inspection at the Agency's headquarters office located at 4500 South Sixth Street Road, Room 173, Springfield, Illinois, or at another location agreed to by both the Agency and the requester.  No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record. The Agency may provide records in duplicate forms, including, but not limited to, paper copies, data processing printouts, videotape, microfilm, audio tape, reel to reel microfilm, photographs, computer disks and diazo.

 

2)         When a person requests a copy of a record maintained in an electronic format, the Agency shall furnish it in the electronic format specified by the requester, if feasible.  If it is not feasible to furnish the records in the specified electronic format, then the Agency shall furnish it in the format in which it is maintained by the Agency, or in paper format at the option of the requester.  (Section 6(a) of FOIA)

 

3)         A requester may inspect records by appointment only, scheduled subject to space availability. The Agency will schedule inspection appointments to take place during normal business hours, which are 8:30 a.m. to 5:00 p.m. Monday through Friday, exclusive of State holidays. If the requester must cancel the viewing appointment, the requester shall so inform the Agency as soon as possible before the appointment.

 

4)         In order to maintain routine Agency operations, the requester may be asked to leave the inspection area for a specified period of time.

 

5)         The requester will have access only to the designated inspection area.

 

6)         Requesters shall not be permitted to take briefcases, folders or similar materials into the room where the inspection takes place.  An Agency employee may be present during the inspection.

 

7)         The requester shall segregate and identify the documents to be copied during the course of the inspection.

 

b)         Fees for Records

 

1)         In accordance with Section 2100.120(c), unless a fee is otherwise fixed by statute, the Agency will provide copies of records and certifications of records in accordance with the fee schedule set forth in Appendix A.

 

2)         In calculating its actual cost for reproducing records or for the use of the equipment of the Agency to reproduce records, the Agency will not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records. (Section 6(b) of FOIA)

 

3)         In order to expedite the copying of records that the Agency cannot copy, due to the volume of the request or the operational needs of the Agency, in the timelines established in Section 2100.115(a), the requester may provide, at the requester's expense, the copy machine, all necessary materials, and the labor to copy the public records at the Agency headquarters in Section 2100.120(a), or at another location agreed to by both the Agency and the requester. No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record.

 

4)         Copies of records will be provided to the requester only upon payment of any fees due.  The Agency may charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium, but the Agency will not charge the requester for the costs of any search for and review of the records or other personnel costs associated with reproducing the records.  (Section 6(a) of FOIA) Payment must be by check or money order sent to the Agency, payable to "Treasurer, State of Illinois".

 

5)         If a contractor is used to inspect or copy records, the following procedures shall apply:

 

A)        The requester, rather than the Agency, must contract with the contractor;

 

B)        The requester is responsible for all fees charged by the contractor;

 

C)        The requester must notify the Agency of the contractor to be used prior to the scheduled on-site inspection or copying;

 

D)        Only Agency personnel may provide records to the contractor;

 

F)         The Agency must have verification that the requester has paid the Agency, if payment is due, for the copying of the records before providing the records to the contractor; and

 

G)        The requester must provide to the Agency the contractor's written agreement to hold the records secure and to copy the records only for the purpose stated by the requester.

 

6)         The Agency may charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record.  No fees shall be charged for the first 8 hours spent by personnel in searching for or retrieving a requested record.  The Agency may charge the actual cost of retrieving and transporting public records from an off-site storage facility when the public records are maintained by a third-party storage company under contract with the Agency.  If the Agency imposes a fee pursuant to this subsection (b), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records.  The provisions of this subsection (b) apply only to commercial requests.  (Section 6(f) of FOIA)

 

c)         Reduction and Waiver of Fees

 

1)         Fees may be reduced or waived by the Agency if the requester states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest.  In making this determination, the Agency will consider the following:

 

A)        Whether the principal purpose of the request is to disseminate information regarding the health, safety, welfare or legal rights of the general public; and

 

B)        Whether the principal purpose of the request is personal or commercial benefit.  For purposes of this subsection (c)(1), "commercial benefit" shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety, welfare or legal rights of the general public.  (Section 6(c) of FOIA)

 

2)         In setting the amount of the waiver or reduction, the Agency will take into consideration the amount of materials requested and the cost of copying them.  (Section 6(c) of FOIA)

 

3)         The Agency will provide copies of records without charge to federal, State and municipal agencies, Constitutional officers and members of the General Assembly, and not-for-profit organizations providing evidence of good standing with the Secretary of State's Office.

 

4)         Except to the extent that the General Assembly expressly provides, statutory fees applicable to copies of records when furnished in a paper format will not be applicable to those records when furnished to a requester in an electronic format.  (Section 6(a) of FOIA)

 

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.150  Rulemaking Procedures

 

a)         All rulemaking proposals will be approved by the Board prior to being filed with the Secretary of State's office and promulgated in accordance with the requirements of the Illinois Administrative Procedure Act [5 ILCS 100] (the IAPA).

 

b)         Public comment on proposed rulemakings will be accepted by the Board as required by the IAPA.

 

c)         Requests for changes in Board rules can be submitted to the Board at its offices at the address cited in Section 2100.205(c).

 

d)         The Board's substantive rules are generally housed at 20 Ill. Adm. Code: Chapter 5.

 

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.205  Law Enforcement Training and Standards Board

 

a)         The Board is created by Section 3 of the Illinois Police Training Act [50 ILCS 705] (Act).  It consists of 12 members appointed by the Governor and, as ex officio members, the Attorney General, the Director of State Police, the Director of the Department of Corrections, the Superintendent of the Chicago Police Department, the Cook County Sheriff, and the Clerk of the Circuit Court of Cook County.

 

b)         Section 4 of the Act authorizes the Board to employ an Executive Director and other necessary staff.

 

c)         The Board maintains offices at:

 

4500 S. 6^th Street Road

Room 173

Springfield IL 62703

 

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.210  Duties of Board

 

Besides those enumerated in the Illinois Police Training Act, the duties of the Board are to:

 

a)         institute procedures deemed necessary to effectively police the training program and to ensure compliance by local governmental units with all legislated requirements of the Act.

 

b)         issue a certificate to individual recruit law enforcement officers, county correctional officers, and court security officers when those officers have successfully completed an approved basic training course. The Board will award certificates to experienced officers who successfully complete any approved advanced or specialized course of training.

 

c)         receive and file, for the record, copies of local ordinances or resolutions passed by local home rule governmental agencies that elect to participate in a Board training program.

 

d)         annually elect Chairman and Vice Chairman.

 

e)         maintain, as trustees for the State of Illinois, all physical properties and records received by the Board in accordance with the State Property Control Act [30 ILCS 605] and the State Records Act [5 ILCS 160].

 

f)         establish such committees, both permanent and temporary, as may be necessary to more fully carry out the duties of the Board.

 

(Source:  Amended at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.220  Meetings

 

a)         All meetings of the Board will be held in accordance with the Open Meetings Act [5 ILCS 120].

 

b)         The Board shall meet at least four times each calendar year, with the exact date and place to be designated by the Chairman.

 

c)         Special meetings of the Board may be called at any time by the Chairman or upon written request of any three members, filed with the Executive Director.

 

d)         Notice of any meeting shall be mailed by the Executive Director to each Board member at least five days before the meeting.  The notice shall include a proposed agenda.

 

(Source:  Amended at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.230  Election of Officers

 

a)         The elective officers shall be a Chairman and a Vice Chairman.

 

b)         Election of officers shall be the first order of business at a meeting of the Board to be held in December of each even-numbered year.

 

c)         On or before October 15 of each even-numbered year, the Chairman shall appoint a Nominating Committee consisting of three members of the Board whose membership on the Board does not expire before the election date.

 

d)         It shall be the duty of the Nominating Committee to nominate one or more candidates for each of the elective offices.

 

e)         Additional nominations may be made from the floor at the election meeting of the Board.

 

f)         An officer shall be elected for a term of 24 months, or until his or her successor has been elected, and shall assume his duties immediately upon being elected.  Should a vacancy occur in either of the elective offices, a special election shall be held for the purpose of filling the vacancy at the next official meeting of the Board.

 

g)         Officer elections shall be by a secret ballot unless there is only one nomination for a particular office to be filled.

 

h)         To be elected to office, a candidate must receive a majority of the legal votes cast.

 

(Source:  Amended at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.240  Duties of Officers

 

a)         The Chairman shall:

 

1)         fulfill the usual duties of such an officer;

 

2)         call and preside at all regular or special meetings of the Board and the Executive Committee; 

 

3)         appoint the Chairman and other members of any committees, both permanent and temporary; and

 

4)         sign all official documents on behalf of the Board.

 

b)         The Vice Chairman shall:

 

1)         fulfill the usual duties of such an officer; and

 

2)         in the absence of the Chairman, call and preside at all regular or special meetings of the Board and the Executive Committee.

 

c)         The Board's staff shall fulfill the usual duties of a Secretary, including the recording and preservation of accurate and complete minutes of all regular and special meetings of the Board.

 

(Source:  Amended at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.250  The Executive Committee

 

a)         The Executive Committee shall be composed of the Chairman and Vice Chairman, and three or more other members of the Board to be appointed by the Chairman.

 

b)         The Executive Committee shall work in close cooperation with the Executive Director in furthering the objectives and purposes of the Illinois Police Training Act.

 

c)         In any matter that requires immediate action, the Executive Committee shall be empowered to act with full authority in the matter.

 

d)         At no time shall the Executive Committee take any action on matters that will have the effect of changing overall policies of the Board.

 

e)         The Executive Committee shall meet at least semiannually with the Executive Director at a time and place to be designated by the Chairman of the Board.

 

f)         Accurate and complete minutes of all meetings of the Executive Committee shall be kept and shall be promptly sent to each member of the Board.           

 

(Source:  Amended at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.260  The Executive Director

 

a)         The Executive Director shall be a full-time administrative officer of the Board and shall represent the Board in fulfilling the mission of the Board.  He or she shall serve at the pleasure of the Board, based on satisfactory performance.

 

b)         The Executive Director shall:

 

1)         perform his or her duties under the direction of the Board and its committees, and shall serve as Secretary to the various committees;

 

2)         have supervisory responsibility over all personnel employed by the Board;

 

3)         have authority to:

 

A)        evaluate any school applying for certification, along with its subject matter, instructors, and physical facilities;

 

B)        make reports and recommendations concerning certification to the Board; and

 

C)        within the policies adopted by the Board, temporarily approve schools;

 

4)         cooperate fully with any committees, both permanent and temporary, and assist these committees in any way possible;

 

5)         conduct programmatic activities assigned by the Board, including the responsibility to:

 

A)        encourage local home rule governmental units to participate in the program;

 

B)        aid in the establishment of adequate training schools;

 

C)        develop and initiate training programs throughout the State when deemed necessary;

 

D)        make recommendations to the Board, through the Curriculum and School Standards Committee, on the minimum basic training requirements a recruit must satisfactorily complete to become eligible for regular employment by a participating governmental unit;

 

E)        make recommendations to the Board for the equitable distribution of available funds to participating governmental units;

 

F)         promote acceptance of the Board's minimum requirements for basic police training throughout the State and encourage participation in approved, advanced, in-service and specialized courses of training; and

 

G)        inspect training schools from time to time to evaluate their programs; and

 

6)         manage the operations of the Board and its Office, including, but not limited to:

 

A)        preparation of agendas for Board meetings;

 

B)        compilation of reports, including an annual report to the Governor and the General Assembly;

 

C)        maintenance of any necessary and appropriate files and records; and

 

D)        preparation of public information material.

 

c)         Waivers

 

1)         The Executive Director shall have the authority to grant a waiver of the Basic Training Course requirement when appropriate.

 

A)        Request for a waiver shall be submitted in writing by the chief administrator of the requesting agency, addressed to the Executive Director.

 

B)        The request shall include:

 

i)          the officer's name and date of birth;

 

ii)         dates of past law enforcement experience;

 

iii)        date of present employment; and

 

iv)        dates, places and types of any training, along with copies of any diplomas or certificates received.

 

2)         After the application is evaluated, the requesting agency shall be notified by the Executive Director as to whether the waiver is approved or disapproved.

 

(Source:  Amended at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.270  Committees

 

a)         Curriculum and School Standards Committee

 

1)         A Curriculum and School Standards Committee consisting of a chairman and five or more other members of the Board shall be appointed by the Chairman of the Board.  Board members of this committee shall have the option and authority to appoint a designee who shall have voting privileges in any instance in which the Board member is unable to attend a particular meeting of this Committee.

 

2)         This committee shall serve in an advisory capacity to the Executive Director and the Board in all matters concerned with curriculum, school standards and instructors.

 

3)         The committee shall meet at the call of its Chairman, but no less than once each six months of the calendar year.

 

4)         Accurate and complete minutes of all meetings of the Committee shall be kept and shall be promptly sent to each member of the Board.

 

b)         Finance and Legislative Committee

 

1)         A Finance and Legislative Committee consisting of a Chairman and four or more other members of the Board shall be appointed by the Chairman of the Board.

 

2)         This Committee shall serve in an advisory capacity to the Executive Director and the Board in all matters having to do with the budget, finance and legislative matters affecting the operations of this Board and the Act.

 

3)         The Committee shall meet on call of its Chairman, but no less than once each six months of the calendar year.

 

4)         Accurate and complete minutes of all meetings of the Committee shall be kept and shall be promptly sent to each member of the Board.

 

(Source:  Amended at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.280  Parliamentary Authority

 

The rules contained in "Robert's Rules of Order Revised" shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with this Part, the Act, or other State statutes.

 

(Source:  Amended at 43 Ill. Reg. 14660, effective December 3, 2019)

 

Section 2100.APPENDIX A   Fee Schedule for Duplication and Certification of Records

 

TYPE OF DUPLICATION		FEE (PER COPY)
Paper copy from original, up to and including 50 copies of black and white, letter or legal sized copies		No charge
Paper copy from original, in excess of 50 copies of black and white, letter or legal sized copies		$.15/page
Paper copy from microfilm original		$.15/page
Microfilm diazo from original		$.50/diazo
VHS video copy of tape		Actual cost of the reproduction
Audio tape copy of tape		Actual cost of the reproduction
CD ROM disk		Actual cost of the reproduction
Photograph from negative		Actual cost of the reproduction
Blueprints/oversized prints		Actual cost of the reproduction
Paper copies in color or in a size other than letter or legal		Actual cost of the reproduction
Certification fee		$1.00/record

 

NOTE:  Expense for delivery other than by First Class U.S. Mail must be borne by the requester.

 

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)