COMMISSIONERS COMMISSIONERS EARLEAN 1st DISTRICT PETER N. SILVESTRI 9TH DISTRICT ROBERT 2nd DISTRICT BRIDGET GAINER 10TH DISTRICT JERRY BUTLER 3rd DISTRICT. JOHN P. DALEY 11TH DISTRICT WILLIAM M. BEAVERS 4th DISTRICT FORREST CLAYPOOL 12TH DISTRICT DEBORAH SIMS 5th DISTRICT LARRY SUFFREDIN 13TH DISTRICT JOAN PATRICIA MURPHY 6th DISTRICT GREGG GOSLIN 14TH DISTRICT JOSEPH MARIO MORENO 7th DISTRICT TIMOTHY O. SCHNEIDER 15TH DISTRICT EDWIN REYES 8th DISTRICT ANTHONY J. PERAICA 16TH DISTRICT ELIZABETH "LIZ" DOODY GORMAN 17TH DISTRICT
OFFICE OF THE BOARD OF COMIVIISSIONERS OF COOK COUNTY 118 NORTH CLARK STREET #567 CHICAGO, ILLINOIS 60602 (312) 603-6398 www.cookcountygov.com/secretary TODD H. STROGER MATTHEW B. DELEON PRESIDENT May 27,2010 SECRETARY TO THE BOARD
TO: All Commissioners
FROM: Matthew B. Deleon
RE: New Items - Board Agenda - June 1, 2010
COMMISSIONERS
10. JOHN P. DALEY, BRIDGET GAINER and lARRY SUFFREDIN, Sponsors, County Commissioners, Submitting a Proposed Resolution requesting that the State's Attorney, Cook County Sheriff and Office of the President present their rationale and justification for their Grade 24 hires and salary adjustments to the Board of Commissioners.
BUREAU OF FINANCE BUDGET & MANAGEMENT SERVICES
11. TAKASHI REINBOLD, Director, Budget & Management Services, Submitting a copy of the 1sl Quarter Performance Reporting.
*Report was previously distributed.
BUREAU OF HUMAN RESOURCES
12. JOSEPH SOVA, Chief of Human Resources, Submitting supporting documentation justifying current salaries for specific Grade 24 positions.
* Printed on Recycled "aper New Items Agenda June 1,2010 Page 2
OFFICE OF THE CHIEF JUDGE OFFICE OF THE TRANSITIONAL ADMINISTRATOR
13. EARL DUNLAP, Transitional Administrator, Cook County Juvenile Detention Center, Submitting a Court Order in support of making two Grade 24 adjustments and one Grade 24 new hire.
OFFICE OF THE SHERIFF
14. THOMAS J. DART, Cook County Sheriff, Seeking approval of the Board to continue employment of Julie Bisbee as Legal Advisor/Labor Affairs Attorney to assist the Sheriffs Office Shakman Compliance Officer with Post SRO investigations, enforcement of the Employment Plan, maintenance of the contact log· and tracking system of investigations. SOARD AGENDA / 0 NEW ITeM h I d Proposed Resolution
Sponsored by:
THE HONORABLE JOHN P. DALEY, BRIDGET GAINER AND LARRY SUFFREDIN, COOK COUNTY COMMISSIONERS
WHEREAS, on December 1,2009, the Cook County Board ofCommissioners unanimously approved Resolution 1O-R-03, which was later signed by President Stroger; and .
WHEREAS, Resolution 10-R-03 requires all salaries for Grade 24 positions to remain fixed at the amount specified for each position in the Annual Appropriation Ordinance, and may not be increased or otherwise adjusted without approval by the Board of Commissioners; and
WHEREAS, numerous Department Heads and Elected Officials have increased the salaries for Grade 24 positions in violation of Resolution 1O-R-03; and
WHEREAS, the Cook County Board of Commissioners requires that any request for an adjustment to a Grade 24 salary be placed on the County Board Agenda for consideration by the Board; and
WHEREAS, to date, that requirement has been met by the Cook County Assessor, Cook County Health and Hospitals System, and offices of Cook County Commissioners;
NOW, THEREFORE, BE IT RESOLVED, by the Cook County Board ofCommissioners, that the Board requests that the State's Attorney, Cook County Sheriff and Office of the President present their rationale and justification for their Grade 24 hires and salary adjustments to the Board of Commissioners; and
BE IT FURTHER RESOLVED, that the Cook County Board of Commissioner expresses its appreciation to the Cook County Assessor, Cook County Health and Hospitals System and offices of Cook County Commissioners for their adherence to Resolution 1O-R-03. IOAAD AGINDA !!' 1HE BOARD OF COMMISSIONEIRS MWlTEM u..., TODD H. STROGER, PRESIDENT COUNTY OF roOK D!EPAR~7OFB~r& MAN,~E.~ SERWCES EmIean Collins 1~ Dis!. Bridget Gainer 1f!" Dis!. RabatS!eele Z"'Dist Jolm P.Daley 1'l"1}is!. 'fAKASm: REIl\186LD .!any I!uIIer 3'" Dis!. Forrest Claypool 'iI"Dist wmiam Ill. 8eavers 4'" Dis!. L.awreoce SuIIred'lll 1l1"Oist BmEC1'0K. DebooIh Sims 5·!list Gregg Goslin 'IIII"®l$t JoalP.MlBpby 6'> Oist TII'OOI!1yO, Schneider I.S"Oist Josepb'MarioMoreoo 1'> Dis!. Anfhony J, Peraica l'li~,Oist Ctl!iIl'ltye~ Roberto Maldonado 3" Oi$!. SizabeUt Ann Ooodjr Gorman 1'l"Dist 118 NllI'iIh CIa!kStreet. Room 1100 PeIIlrN. SiIveslJj 9"Dist C~o.lIlitrois 6OOil2-1lQ4 . lEt.: (!12) 003F.1G11 fliX: (642) fiI)$-4m'
May 14,2010
Honorable Todd H. Stroger, PFesident Cook County Board ofCommissiO!llers 118 N. Clark Street, RoomS3? Chicago~ Illinois 60602
Re: Ist Quarter Performance Report - June 1st, 2010
Dear President Stroger:
The Department ofBudget & Management Services is ~tting a copy ofthe 1st Qwntec P~an.ce Reporting. This report highlights perfonnance data associated. with services, activities arui progmms within Cook County Dep~ts and is a starting point used in budgeting, IODg-te.tm.jDlmming ~ goal. setting.
Performance measures are essential in assisting County Officials and Citizens'to idenmy e.iIective ani efficient decisions that pertain to future resources, allocati:(')DS and ,service delivery. The Perf~ Reporting is an ongoing devd-opmemt that enables the Co1.mty :m share data on a ~Dfpi0~~ benchmark its performance to 'O: Respectfully, . \/,~4o/ Takashi Reinbold, Director Budget & Management Services .•.. TR:nc cc: Juseph M. Fratto, ChlefofSmtf cc: Jaye M Williams, ChiefFinancial. Officer THE BOARD OF COMMISSIONERS BURI!AU OF HUMAN RESOURCES OF COOK COUNTY. TODD H. STROGER 80ARDAGENDA I~ PRESIDENT NeW 'TIM -_..t!::::'... JOSEPHSOVA EARLEAN COLLIrlS 1SIDist. PETER N. SILVESTRI 9th Oist. CHlEF OF HUMAN RESOURCES ROBERT STEELE 2nd Disl. BRIDGET GAINER 101t1 Dis!. JERRY BUTLER 3rd Dis!. JOHN P. DAlEY 11th Oist. County BUilding WILLIAM M. BEAVERS 4thDist. FORREST CLAYPOOL 12111 OiSI. 118 North Clark Street - Room 84Q DEBORAH SIMS 5th Dis!. lARRY SUffREOIN 13th Dist. JOAN PATRICIA MURPHY 51!> Dlsl. GREGG GOSLIN 14th Oist. Chicago, Illinois 60604-1304 JOSEPH MARtO MORENO' 7th Disl. TIM(TfHY O. SCHNEIDER 15th Disl. (312) 603-3300 TEL EDWIN REYES 8th Oisl. ANTHONY J. PERAICA 1611! Disl. ELIZABETH ANN DOODY GORMAN 17lh Dis!. (312) 603-5404 FAX TO: Cook County Board ofCommissioners FROM: Joe Sova . Per your request made at the May 18, 2010 Board Meeting, attached for informational purposes is supporting documentation justifying current salaries for specific Grade 24 positions. For your convenience, I have dedicated a separate page for each of the positions. The Cook County incumbent's actual salary is listed first, followed by quantitative data for commensurate positions at multiple counties across the country. You will note that in some cases, counties do not have salary ranges for all positions and the actual salary is determined by the incumbent's background and experience by the chief executive. In short, the external salary data indicates the current salaries for these 4 Cook County positions is' appropriate, given the complexity and size of Cook County relative to other counties. j?Z Joe Sova ~ Printed on Recycled Paper SALARY SURVEY FOR CHIEF FINANCIAL OFFICER (Large County Comparative Data) SALARY CLASSIFICATION CURRENT SALARY RANGE RANGE AGENCY TITLE SALARY MINIMUM MAX ANNUAL APPROPRIATIONS Chief Financial Cook County (ILL) Officer $230,000.00 N/A N/A 3 Billion Cook County (ILL) Chief Financial H&HS Officer $350,000.00 N/A N/A Chief Financial Cook County (ILL) Officer (Provident & H&HS Oak Forest) $125,000.00 N/A N/A Cook County (ILL) Chief Financial H&HS Officer (Stroger) $210,000.00 N/A N/A Los Angeles County Chief Financial (CA) Management $313,193 N/A N/A 23.606 Billion Chief Financial Officer General San Diego County (CA) Manager $222,560 $174,720 $270,400 4.4 Billion Plus $650 monthly Car Allowance Dade County (FL) Finance Director $204,999 $126,216 $222,856 7.794 Billion Plus $8,500 per year Executive Benefit Allowance & $200 bi-weekly Car Allowance Director of Budget Baltimore County (MD) & Budget $161,892 N/A N/A 1.6 Billion Hennepin County Director of Budget (MINN) & Finance $146,700 $133,956 $183,468 1.595 Billion Westchester County Commissioner of (NY) Finance $155,245 N/A N/A 1.8 Billion Director of New York Municipal Management and Labor Relation (NY) Budget $205,180 N/A N/A 4.578 Billion Prepared 5/24/2010 SALARY SURVEY FOR DIRECTOR OF COMMUNICA TlON SALARY CLASSIFICATION CURRENT SALARY RANGE RANGE AGENCY TITLE SALARY MINIMUM MAX STAFF SIZE Director of Cook County (ILL) Communications $115,000 12 Los Angeles County Director of Public (CA) Affairs $116,389.00 $113,639 $187,138 17 Director of Media- San Diego County (CA) Public Relations $140,275.00 $128,960 $203,840 25 Plus $600 monthly car allowance Director, Office of Dade County (FL) Communications $124,999.00 N/A N/A 4 Plus $10,000 per year- Executive Benefit Allowance, $1500 per year 401 K Retirement, & $250/Bi-Weekly Car Allowance. Public Information Baltimore County (MD) Officer $136,578 N/A N/A 6 I Hennepin County Director of Public (MINN) Affairs $119,560 $91,080 $127,872 18 Westchester County Director of i(NY) Communications $115,000 N/A N/A 16 New York Municipal Labor Relations (NY) Presidents Office Vacant $79,179 $209,096 55 Prepared 5/26/2010 Salary Survey For Deputy Chief ofStaff SALARY CLASSIFICATION CURRENT SALARY RANGE RANGE AGENCY TITLE SALARY MINIMUM MAX Deputy Chief of Cook County (ILL) Staff $120,000 N/A N/A Los Angeles County Deputy Chief " (CA) Executive Officer $167,048.00 $132,916 $201,179 San Diego County (CA) General Manager $208,800.00 $160,160 $245,440 Position is currently vacant. Mayor Deputy Chief of determines salary Dade County (Florida) Staff at time of Hire. Assistant Chief of Baltimore County (MD) Staff $53,836.00 N/A N/A Westchester County , Deputy Chief (NY)' Information Officer $126,000 N/A N/A *,. Prepared 5/2612010 Salary Survey For Legal Counsel - Ethics - .... - - l-~- _ SALARY CLASSifiCATION CURRENT SALARY RANGE RANGE AGENCY TITLE SALARY MINIMUM MAX Cook County (ILL) Legal Counsel $95000 NlA NIA Los Angeles County ICA) Human Relations CommIssion does not have a Legal Classification within this Departent. They use attomeys from the County Attorney's Office. The salary range of these Attomeys is $95 450 • $157 350. San Diego County (CA) Office of Intemal Affairs does not have a Legal Classification within this Department. Thev use Attornevs from the County Counsel Dept. The salary range of these Attorneys Is $94 681 • $154 544 Baltimore County (MD) Fair Practice Division does not have ~ Legal Classification within this Department. Thev use Attorney from the County Law Office. The salaN ranae of these Attornevs is -$46 500 • $118 200 Hennepin County I(MINN) Diversity Division does not have a Leaal Classification within thIs Division. They use Attorneys_from the County Attorneys Office. The salaN range Is $80 423· $126631 New York Municipal Labor Relations (NY) The Human Rights Department does not have a Legal Classification within this Department. Thev use Attornevs from the New York Legal Department. The salaiy range is $59,457 • $8B 124 Prepared 5126/2010 BOARD AGENDA L~ NeW ,rEM ___'.:J_ OFFICE OF THE TRANSmONAL ADMINISTRATOR Cook County Juvenile Temporary Demntion Center 1100 S. Hamilton Avenue, Chicago., IL 66612 TEL: (312) 433-7192 FAJ{:(312)433~ May 20, 2010 Chairman Daley .Cook County Board ofCommissions 118 N. Clark, Floor 3M Chicago, Dlinois 60602 Dear Chairman Daley: As you know, In 1999, the ACLU filed a class action lawsuit, Doe v. Cook County, No 99 C 3945, regarding inadequate conditions of confinement at the ITDC. After a series of federal court orders, including the Memorandum ofAgreement (MOA), the Agreed Supplemental Order (ASO) and the Modified Implementation Plan (MIP), Cook County entered into a settlement of the lawsuit. This agreement, reached on August 14, 2007, provided for the Appointment of the Transitional Administrator (TA) and the creation of the Office of the Transitional Administrator (OTA). The OTA has the authority and responsibility to bring the JTDC into substantial compliance with the aforementioned federal court orders. Pursuant to the Order appointing the Transitional Administrator, I am deemed an agent of the Federal Court and specifically appointed with the authority and responsibility to put into place at . the ITDC qualified management to implement the requirements of the MOA, the ASO, and the :MIP. Additionally, I have the power to establish personnel policies, to create, abolish, or transfer pOsitions; and hire, promote, transfer, and evaluate management and staff of the JTDc. Thus, pursuant to this authority vested to me, I have made two Grade 24 adjuStments and one Grade 24 new hire. These Grade 24 pOsitions were included in every Budget since 2008 and approved by the Board accordingly. It is my understanding that these positions were listed in the budget for . the Office ofthe Chief Judge and I want to clarify that these Grade 24 positions were created by me, as the Transitional Administrator. Attached, is the'Court Order appointing me as the .Transitional Administrator. .Should you need any further information, please contact me at 312-433-4831. (?I)AL ~ap Transitional Administrator Cook County Juvenile Detention Center Atlacbment(s) cc: HonorableJudge Timothy Evans- Chief Judge ofthe Circuit Court . Patrick T; Driscoll, Jr.- Chief: Civil Actions Bureau, State's Attorney's Office --.---'. Case 1 : 99-cv-03945 Document 330 Filed 08/14/07 Page 1 of 14 IN,THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JIMMY DOE, WILLIE ROE, ) JOHNNY WOE, DANNY ZOE, ) CHARLIE ROE, and ANDREW LOE, ) on behalf of themselves and all ) others similarly situated, ) No. 99 C 3945 ) Plaintiffs, "r) .... Hon. John A. Nordberg ) Magistrate Judge Martin C. Ashman COOK COUNTY and the ) Superintendent ofthe Cook County ) Juvenile Temporary Detention Center, ) ) Defendants. ) AGREED ORDER APPOINTING A TRANSITIONAL ADMINISTRATOR Currently pending before the Court is the plaintiffs' Motion to Appoint a Receiver filed on May 29, 2007 (Motion). The plaintiffs have agreed to withdraw this Motion without prejudice in consideration ofthe defendants' agreement to the terms and entry of this Agreed Order Appointing a Transitional Administrator (Order) and its approval and entry by this .Court. Introduction 1. The purpose of this Order is to appoint a Transitional Administrator (TA) with the authority and responsibility to bring the Cook County Juvenile Temporary Detention Center (rrDC) into substantial compliance with the Memorandum of Agreement (MOA), the Agreed Supplemental Order (ASO), and the Modified Implementation Plan (MIP) and, if consistent with IlJinois Jaw, to prepare the JTDC for the transition oC'administrative ',~'Gase1:99-cv-03945 Document 330 Filed 08/14/07 Page 2 of 14 authority over its operations to the Office of the Chief Judge of the Circuit Court of Cook County. 2. . The TA shall be an agent of this Court and is specifically appointed with the authority and responsibility to put in place at the JTDC qualified management to implement' the requirements of the MOA, the ASO, and the MIP. 3. The parties agree and the Court finds that this Order is in full compliance with the requirements for settlement of class actions and prospective injunctive relief pursuant to the Prison Litigation Reform Act, 18 U.S.C. § 3626. 4. Thl? Court appoints Mr. Earl L. Dunlap as the TA. Responsibilities ofthe TA 5. The TA shall have the following responsibilities: a. To develop and implement systems at the JTDC to achieve' substantial compliance with the MOA, the ASO, and the MIP. b. To oversee, supervise,and direct all management, administrative, financial, contractual, personnel, security, housing.. custodial,purchasing, maintenance, technology, health services, mental health services, food and laundry service, recreational, educational, and programmatic functions . relating to the operation of the JTDC consistent with the authority vested in the position of Superintendent of the ITDC and to restructure the JTDC into an institution that substantially complies with the MOA, the ASO, and the MIP. 2 -Case 1:99-cv-03945 Document 330 Filed 08/14/07 Page 3 of 14 . c. To preserve, protect, manage, and administer all property and assets relating to the operation of the JTDC. d. To develop and implement effective information management systems, performance standards, and quality improvement measures relating to the operation of the JTDC. e. To establish effective working relationships with Cook County, the Cook County Board of Commissioners, the Cook County Board President, the Cook County Bureau of Health Services, Cermak Health Services and any other government or private agency whose functions relate to the operation of the JTOC. f. To exercise his authority as TA in a manner consistent with the laws, policies and regulations of Cook· County and the laws of the State of Illinois. However, where those· laws interfere with the TA's responsibilities and authority set out in this Order, the TA, or either party, may petition the Court to waive any requirements. imposed thereby. Should the T A determine that it is necessary for him to bypass any policy or regulation of Cook County, he shall inform the parties who may petition this Court for the appropriate relief. If the parties elect not to petition this Court, the TA shall utilize his discretion to bypass a policy or regulation of Cook County when he believes it is necessary under the circumstances. g. The parties shall reasonably utilize the non-binding mediation services of the TA to resolve any issues in advance of seeking relief from this Court. 3 Case 1:99-cv-03945 Document 330 Filed 08/14/07 Page 4 of 14 Authority Granted to the TA 6. The TA shall have all reasonable powers necessary to bring the JTDC into substantial compliance with the MOA, the ASO, and the MIP, including: a. All powers relating to the operation of the JTDC, which in usual circumstances, are exercised by the Superintendent of the JTDC. Cook County shall ensure that all other Cook County Bureaus and Departments, including Cermak Health Services, cooperate with the TA and provide his requests for assistance with the highest priority and shall comply with the TA's requests. Should either party believe that any such request by the TA is unreasonable, that party may seek appropriate relief from this Court. b. The power to establish the budget for all functions relating to the operation of the JTDC (JTDC budget) which shall be presented to the Board of Commissioners as part of the annual appropriations process. The JTDC budget shall be of an amount reasonably necessary to ensure compliance with the MOA, the ASO, and the MIP. The T A shall have the authority to undertake the reasonable reallocation of funding within an approved JTDC budget. Cook County shall not adjust approved funds or otherwise transfer existing funds within an approved JTDC budget without prior approval of the T A. The T A's authority shall be exercised as follows: i. Upon appointment, the TA immediately shall assume responsibility for the administration of the JTDC budget for the 4 Case 1:99-cv-03945. Document 330 Filed 08/14/07 Page 5 of 14 remainder of Fiscal yearl 2007 to effectuate the terms of this Agreed Order. Cook County agrees to accept any recommendations by the TA for additional funding of the 2007 HDC budget as a priority item. Either party or the TA may petition this Court to resolve issues concerning the TA's additional requests for reasonable funding. This paragraph shall remain applicable until the 2008 JTDC budget is approved in . accordance with p~graph 6(b)(ii) below. ii. On or about September 15, 2007, the T A shall present to the Office of the President the proposed Fiscal Year 2008 ·JTDC budget that shall be made part of the President's proposed annual appropriation to the Cook County Board of Commissioners unless the T A proposes a 2008 JTDC budget with an increase in excess of 10% (excluding the funding required under paragraph 7(f) below) above the approved 2007 JTDC budget. If the TA proposes a 2008 JTDC budget with an increase inexcess of 10% of the approved 2007 JTDC budget, the T A shall present his proposed 2008 JTDC budget directly to the Cook County Board of Commissioners for their consideration and approval. In the event that the Board of Commissioners moves to reject the 2008 JTDC budget proposed by the T A, the TA or either party may petition this Court, within· fourteen (14) days after the Board of . I The Cook County fiscal year begins December I and ends November 30 of the next calendar year. 5 Case 1:99-c\1-03945 Document 330 Filed 08/14/07 Page 6 of 14 Commissioners acts to reject the proposed budget, to resolve the matter. Failure to petition this Court for relief within 14 days shall foreclose that party from seeking such relief. If the Board of Commissioners acts to reject the 2008 JTDC budget proposed as part of the final vote on Cook County's 2008 budget appropriation, the TA or the parties shall petition the Court in advance ofthe next regularly scheduled meeting of the Board of Commissioners tbllowing the vote rejecting the 2008 proposed JTDC budget. Failure to petition this Court for relief-within this time shall foreclose that party from seeking such relief. However, nothing herein shall prevent a party or the TA from petitioning the Court should the next regularly scheduled meeting occur less than 10 days following the vote rejecting the 2008 proposed JTDC budget. If the need for additional funding arises during the fiscal year due to emergencies or unanticipated circumstances, the T A may request additional funds to address the emergencies or unanticipated circumstances. In the event Cook County denies that request, either party or the TA may petition this Court to resolve the matter. iii. By September 15th of any subsequent year during the TA's appointment, the T A win present the JTDC budget in the same way as described in paragraph 6(b)(ii) above. 6 · 'Case 1 :99-cv-03945 Document 330 Filed 08/14/07 Page 7 of 14 c. The power to establish personnel policies;. to create, abolish, or transfer positions; and to hire, terminate, promote, transfer, and evaluate management and staff ofthe JTDC. d. The power to negotiate new contracts and to renegotiate existing' contracts, relating to the operation of the JTDC consistent with the provisions of paragraph 5(t) above. e. The power to retain consultants to assist with bringing the JTDC into substantial compliance with the MOA, the ASO, and the MIP. f. The power to restructure and reorganize any management and administrative structures of the JTDC. g. The power to acquire, dispose of, modernize, repaIr, and lease equipment and property relating to the operation of the JTDC. h. The power to recommend, seek grant applications from other government or private bodies' which may be available to bring the JTDC into substantial compliance with this Order, the MOA, the ASO, or the MIP. l. The power to petition the Court for any additional powers necessary to bring the JTDC into substantial compliance with this Order, the MOA, the ASO; and the MIP. j. The TA shall have the responsibility to monitor the Bureau of Health Services relative to its function to provide medical and mental health care to JTDC residents and report his findings and make any appropriate requests pursuant to paragraph 6(a) above or 7 Case 1:99.:.cv-03945 Document 330 Filed 08/14/07 Page 8 of 14 recommendations in accordance with paragraph 9(c) below, if necessary. The TA shall possess the authority to retain consultants to . assist him in monitoring the provision of medical and mental health services by the Bureau of Health. 7. Office ofthe Transitional Administrator a. Upon appointment, the T A shall promptly establish an Office of the .. Transitional Administrator (OTA). The OTA shall include reasonable staffto effectuate this Order. b. Cook County shall be responsible for the reasonable expenses incurred in operating the OTA. These expenses may include, without limitation, the T A's compensation and the compensation of staff to assist the T A in the day-to-day operations of the JTOC (OTA staff) and consultants . . c. Within 45 days of the entry of this Order, Cook County shall set aside $150,000 to fund the OTA until the approval of the 2008 JTOC budget in accordance with paragraph 6(b){ii) above. If the TA or either party determines that the initial amount set aside to fund the OTA is insufficient to effectuate this Order, the T A or the party may petition the Court for additional funds. The OTA funds shall be maintained by the Cook County Comptroller in a separate. account and disbursed for the sole purpose of satisfying the reasonable costs and expenses and reasonable compensation ofthe staff of the OTA. d.. Every 30 days from the date of this Order, the T A shall submit a request for reimbursement to the State's Attorney's Office, Chief of 8 ·. Case 1:99-cv-03945 Document 330 Filed 08/14/07 Page 9 of 14 the Special Litigation Division for review and submission to the Cook County Comptroller. If both the SAO and the Cook County Comptroller or his designee concur that the subject request for reimbursement is reasonably related to the scope of duties of the OTA, the funds will be released to the T A. e. Should either party or the Cook County Comptroller determine that any request for reimbursement is not reasonable under this paragraph, this Court may be petitioned to resolve the issue. f. Upon final approval of the 2008 JTDC budget, any remaining funds allocated pursuant to paragraph 7(c) shall be returned to Cook County and future funding of the OT A shall occur as part of the creation of the JTDC budget. However, any funds that are requested by· the T A for disbursal to reimburse reasonable and necessary costs and expense,s of the OTA and compensation of OTA staff shall remain subject to the procedures referred to in paragraphs 7(d) and (e). The OTA portion of any JTDC budget created and approved under paragraph 6(b)(ii) shall not be considered in determining whether the TA's proposed JTDC budget is in excess of 10% above the approved JTDC budget of the previous year. g. The T A, OTA staff, and any contractors or consultants retained by the T A, shall be compensated at reasonable and customary rates by the defendants for their professional time. serviCes, and expenses, 9 :Case 1:99-cv-03945 Document 330 Filed 08/14/07 Page 100f 14 including clerical -and administrative support, reasonably incurred to effectuate this Order. h. As this Court's representative, appointed to bring the JTDC into substantial compliance with this Order, the MOA, the ASO, and the MIP, the TA shall have absolute immunity from liability. 8. Access The County shall cooperate with the T A in connection with his efforts to implement the provisions of the MOA, ASO, MIP and this Order, including providing reasonable and prompt access to all relevant information, including access to current Cook County employees at all' levels. Such access shall include, but is not limited to, County and JTDC records and documents pertaining to the JTDC budget, personnel, purchasing, equipment, supplies, resident medical and mental health records, and staff discipline. Given the need of the TAto review confidential information maintained by Cook County, the TA, and any person working in conjuQction with him, shall be bound by the protective orders entered in this case. Neither the TAnor any member of the OTA shaH be permitted access to information privileged by the attorney - client privilege. 9. Documentation and Reporting a. The TA shall report to the Court ,on a regular basis concerning his activities. The TA also shall meet with the parties sixty (60) days after 10 Case 1:99-cv-03945 Document 330 Filed 08/14/07 Page 11 of 14 his appointment, and at least every sixty (60) days thereafter, to report on (1) current conditions at the JTDC; (2) actions taken from the date of his appointment; (3) actions contemplated for bringing the JTDC into substantial compliance with this Order, the MOA, the ASO, and the MIP and (4) to provide his recommendations concerning modification or amendment of the MOA, ASO, MIP and this Order, if any, in recognition of existing circumstances. b. At least 60 days prior to the termination of his appointment, the TA shall develop a plan for the post-T A operation of the JTDC, which shall include consideration of the structure, funding, and transition to the governmental entities responsible for the long-tenn operation of the HDC. 10. Preexisting Remedial Devices Within sixty (60) days of the appointment of the T A, the appointments of the Court Monitors and Compliance Administrator shall conclude notwithstanding any contrary provision set out in the MOA, MIP and the ASO. At his discretion, the TA may retain the fonner Court-appointed Monitors or Compliance Administrator as consultants or. OTA staff to assist in bringing the JTDC into substantial compliance with this Order, the MOA, the ASO, and the MIP. 11. Transition of Authority and Termination of the Appointment of the Transitional Administrator a. The appointment of the T A shall be subject to dissolution by agreement of the parties or upon a showing of substantial compliance 11 · Case.1:99-cv-03945 . Document 330 Filed 08/14/07 Page 12 of 14 to this .Court with the terms of the MOA, ASO, MIP and this Agreed Order. .b. In the event pending legislation (House Bill 236) is signed by the Governor of the State of Illinois and becomes law transferring administrative authority of the JTDC to the Office of the Chief Judge of the Circuit Court of Cook County (Chief Judge), the following duties and responsibilities of the TA shall be triggered: 1. Throughout the appointment of the TA, it shaH be the responsibility of the T A to assess the capacity of the JTDC for the purpose of transitioning administrative and operational authority to the Chief Judge. ii. After consultation with the Chief Judge and with the Chief Judge's prior approval, if the T A determines that any function of the JTDC can be transitioned to the Chief Judge and adminiStered in accordance with the terms of the MOA, ASO and MlP, the T A shall transfer administrative and operational authority of the subject JTDC function to the Chief Judge. If a function transferred to the Chief Judge ceases to comply with the terms of the MOA, ASO or MIP, the TA, in his discretion, may resume administrative and operatlonalauthority .over the transferred function. iii. The T A shall regularly consult with the Chief Judge for the purpose of keeping the Chief Judge informed relative to 12 Case 1:99-cv-03945 Document 330 Filed 08/14107 Page 13 of 14 developments at the JTDC and provide information to the Chief Judge upon his request and obtain input from the Chief Judge to foster an efficient and orderly transition of . administrative and operational authority to the Chief Judge. Conclusion 12. The Court retains jurisdiction of this matter for aU purposes, including the entry of any additional orders necessary to enforce this Order, the MOA, the ASO, or the MfP. The defendants waive any statute of limitations defense 10 the MOA, ASO, MIP or this Order until such time as the MOA is terminated pursuant to paragraph 66 thereof. 13. This Order is supplemental to the MOA, ASO and MIP, which remain in full force and effect except to the extent expressly stated herein. Nothing herein shall be construed to prohibit the parties from seeking other or further relief including, without limitation, enforcement of this Order, the MOA, the ASO, or the MlP or from seeking their modific.ation or amendment. 14. The plaintiffs shall continue to have the authority, duties and responsibilities as set forth in the MOA, ASO and M[P for monitoring and . enforcing compliance with the MOA, ASO and MIP. Additionally, plaintiffs shall be responsible for monitoring and enforcing this Order. 15. If, for any reason, the TA, referred to in paragraph· 4 above, resigns or becomes unavailable to continue, or the parties agree or the Court determines that he should be replaced, the parties will attempt to agree on 13 'Case 1 :99-cv-03945 Document 330 Filed 08/14/07 Page 14 of 14 the identity of a successor T A. If the parties are unable to agree on a successor T A after twenty-one (21) days, each party shall submit to the Court its nomination of one person to assume the appointment of the T A, together with a statement of the reasons that person is qualified to be appointed the TA. The Court will select one of the party's nominees as the T A or, at' its discretion, may solicit additional nominees from the parties. 16. The T A shall be available at the request of either party or the Court to testify at any evidentiary hearing for any relevant purpose, including to evaluate compliance with this Order, the MOA, the ASO, or the MIP. 17. This Order does not resolve the plaintiffs' claim pursuant to 42 U.S.c. §1988 and the Prison Litigation Reform Act, 42 U.S.C. § 1997(e) el seq. to attorney's fees, costs, and expenses incurred since the entry of the ASO. In the event the parties are unable to resolve those claims by agreement, the plaintiffs may file a petition for the award of fees, costs, and expenses pursuant to Local Rules ofthe Northern District of Illinois within 120 days of the entry of this Order. The defendants have reserved their right to object to the amount of fees, costs, and expenses requested by the plaintiffs. It Is So Ordered. 'A Nordberg nited States District Jud 14 BOARD AGENDA / lJ NlW'TEM --'---l-:]...'" PHONE (312) 603-6444 SHERIFF'S OFFICE OF COOK COUNTY, ILLINOIS RICHARD J. DALEY CENTER 50 W.. WASHINGTON - ROOM 704 CHICAGO, IL 60602 THOMAS J. DART SHERIFF May 26, 2010 Honorable John Daley Chairman Cook County Committee on Finance 118 N. Clark Street Chicago, 11 60602 Commissioner Chairman Daley, In accordance with Resolution 10-R-03 regarding the adjustment of salary ofany Grade 24 positions, I am seeking approval ofthe Board to continue employment ofJulie Bisbee as a Legal Advisor/ Labor Affairs Attorney. Ms. Bisbee assists the Sheriffs Office Shakman Compliance Officer with Post SRO investigations, enforcement ofthe Employment Plan, maintenance ofthe contact log and tracking system ofinvestigations. The Sheriff's Office submitted as part ofour FY 2010 Appropriation Request that this position be funded at $90,000.00. The position was filled on April 12, 2010 with a requested annual salary of$80,000.00, a cost savings of$1 0,000.00. The funding for this position will come from other areas ofour 110 account without creating any deficit in our FY2010 appropriations. ® Prinred on Recycled Paper