Section 2520.630  Cooperative Agreements

Subject to the following requirements, the Department may enter into a written agreement with a local agency to jointly process or transfer from one to the other for processing allegations of unlawful discrimination.

a)         Application by local agency

1)         A local agency which desires to enter into a cooperative agreement with the Department may apply in writing to the Director at the Department's Chicago office.  The application shall consist of at least the following items:

A)        A copy of the ordinance(s) under which the local agency is established and which it administers;

B)        A copy of any regulations or other written policies and procedures governing the local agency's operations;

C)        A narrative statement signed by the agency's chair or chief executive officer describing:

i)          its total budget and available resources;

ii)         the size of its staff, both full/and part-time;

iii)        its current or annual caseload of discrimination complaints; and

iv)        the nature and duration of the cooperative arrangement it seeks with the Department.

2)         The application shall also be supported by evidence that it is approved by the governing authorities of the political subdivision(s) of which the local agency is a part.

b)         Review by Department – The Department shall examine the local agency's application and supporting materials, and may request further information bearing upon the agency's authority, organization, and operational capacity.  Representatives of the Department may visit the locality to gather further information and/or discuss the application in greater detail.

c)         Approval by Director – After the Department has reviewed the local agency's application and gathered any further information pertinent to its inquiry, the Director shall determine whether a cooperative agreement is feasible and in the best interests of the Department and the public.  The Director shall advise the local agency in writing as to that determination and, if it is in the affirmative, shall forward to the agency a proposed cooperative agreement.  In making this determination, the Director will consider, without limitation, such factors as the extent of the local agency's lawful authority; its experience and administrative capabilities; the number and types of charges filed in its area; and the competing demands upon the Department's available resources.

d)         Execution of Agreement – After the Department and a local agency have agreed upon the terms of a cooperative agreement, the terms shall be reduced to writing and executed by the Director and by the chair and/or chief executive officer of the local agency.  The agreement may also be executed by an appropriate official on behalf of the governing authority of the municipality or political subdivision(s) of which the local agency is a part.  The agreement shall take effect upon a date specified in the agreement.

e)         Term of Agreement – A cooperative agreement duly executed by and between the Department and a local agency shall remain in effect for a term specified in the agreement itself, but may be terminated by either party without penalty at any time upon written notice to the other.

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)