Case No. 16-W-177 Consolidation Waiver Request

DEPARTMENT OF STATE POLICE

Hillside 9-1-1 System : : Case No. 16-W-177 Consolidation Waiver Request :

RECOMMENDED DECISION By Administrative Law Judge Jan Von Qualen: I. BACKGROUND

On July 19, 2016, Hillside 9-1-1 System (“Hillside” or "ETSB") filed a verified Request for Waiver of the 9-1-1 consolidation requirement, pursuant to Section 15.4a(c) of the Emergency Telephone System Act (“Act”), 50 ILCS 750/0.01 et seq. Section 15.4a requires consolidation of certain Emergency Telephone System Boards ("ETSBs"), Joint Emergency Telephone Boards, qualified governmental entities, and Public Safety Answering Points ("PSAPs"). Affected entities are required to consolidate by July 1, 2017. They are required to file a Consolidation Plan or a Request for Waiver by July 1, 2016. Hillside serves the Village of Hillside ("Village"), which is situated within a County with a population of at least 250,000, has a population of less than 25,000. Therefore, Hillside is required to consolidate so that the ETSB serves a population of no less than 25,000. Hillside requests a waiver from the consolidation requirement for a period of five years, on the grounds that consolidation is economically unreasonable. The requirements for waivers are set forth in Section 200(e) of 83 Ill. Adm. Code 1324 ("Part 1324") - Consolidation of 9-1-1 Emergency Systems. A hearing was held before a duly authorized Administrative Law Judge on September 1, 2016. Russell Wajda, Village Administrator, Joseph Lukaszek, Chief of Police for the Village, Joseph Beckwith, Village Communications Director, and Bill Heldt Village Information Technology Coordinator appeared on behalf of Hillside. John Hosteny, Legal Counsel for the Illinois State Police ("Department") and Marci Elliott, 9-1- 1 Project Manager for the Office of the Statewide 9-1-1 Administrator, appeared on behalf of the Department.

II. WAIVER REQUEST

A. Hillside

Hillside's Request for Waiver is verified by Mr. Wajda. It includes a narrative statement describing the basis for the Request for Waiver ("Narrative"). The Narrative 16-W-177 states that Hillside purchased and installed a new phone system and E-9-1-1 system at a cost of $276,110 prior to the effective date of Section 15/4a of the Act. It states that Hillside has approved, but not purchased medical dispatch software for the 9-1-1 system. The Narrative indicates that if its Request for Waiver is granted, Hillside will reevaluate the medical dispatch system for eventual installation. The Narrative states that as the system ages and equipment must be replaced, within the next five to ten years, Hillside will reevaluate the prospect of merging rather than purchasing new equipment. The Narrative states that, according to the 2010 census, the population of the Village is 8,157 within a boundary of 3.18 square miles. It emphasizes that the Village is intersected by Interstate 290 ("I-290") and has the Interstate 294 ("I-294") Tollway as its western border. The Narrative indicates that the daily traffic on I-290 at I-294, averages in the range of 145,000 to 158,800 vehicles. It states that north of Roosevelt Road, daily traffic on I-294 averages between 130,400 to 159,300. The Narrative asserts that Hillside is the primary responder for emergency medial dispatch and fire calls. It notes that the Village is home to Proviso West High School, which has 2,007 students and that there are two cemeteries, two nursing homes and numerous businesses and industries within the Village. The Narrative states that Hillside has 8,003 emergency 9-1-1 calls and 26,308 external non-emergency calls in 2015. Mr. Wajda emphasizes that the Village's Board of Trustees had already purchased and contracted for the installation of new 9-1-1 equipment prior to the consolidation requirement being adopted. Mr. Beckwith testifies that the anticipated life of the new system is five to seven years. He states that Hillside spent $276,000 for the radio, 9-1-1, phone, and recording systems. He says the equipment is Next Generation 9-1-1 ("NG9- 1-1") capable so that when the State builds the Next Generation backbone, Hillside can connect with it. Mr. Wajda asserts that, if one of the purposes of the statute is to have cost efficiencies, keeping the system Hillside currently has in operation, at least for the short term, would be prudent. Mr. Wajda indicates that the Village negotiated for six to seven months with a neighboring municipality, Berkeley, to bring it into its ETSB, but that Berkeley had decided to go another way. He says Hillside is negotiating with Cook County, but if an agreement is reached, it would take time to implement that consolidation. He states Hillside is concerned that because Cook County has no experience dispatching for fire, it would not be able to safely and efficiently dispatch fire. Mr. Beckwith asserts that dispatching for fire and emergency medical dispatch requires different skills and knowledge. Mr. Beckwith testifies that if Hillside were consolidated with Cook County, it could not use any of its newly purchased equipment. Mr. Wajda states that Cook County has its own staff. He says that Cook County indicated it would consider interviews for some of the Hillside dispatchers and, if they passed the test, would put them on its hiring list. Mr. Wajda states that even if the Hillside call center were closed, staffing would probably remain the same, but staff would likely be paid less. He explains that the Village would need staff to monitor prisoners until their bond hearing. He says Cook County does not accept the prisoners until, it is determined at the bond hearing they will be held there. He states the staff would also be needed to answer nonemergency calls.

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Chief Lukaszek testifies that one of the biggest issues from an administrative perspective is the cost. He states that Cook County gave Hillside a ballpark figure of $400,000 per year to consolidate with it. He asserts that proposed annual cost is a minimum of $200,000 more than what Hillside is currently paying. He states that an additional $200,000 of costs would have a huge impact on his budget. Mr. Beckwith notes that the $200,000 annual cost is operational only; it does not include other expenses. Mr. Beckwith estimates that Hillside has received $60,000 to $100,000 for 9-1-1 per year for the last five or six years. When asked if that money would go towards the $400,000 annual fee, Mr. Wajda states that Cook County said it will take 50% off the top. He says Hillside will only have the remaining 50% to contribute toward the post consolidation operations expense. Chief Lukaszek states that a neighboring community Westchester is also considering consolidating with Cook and that it was offered a much lower fee based on call volume. Chief Lukaszek estimates that Westchester receives 18,000 or 19,000 calls per year. He says that Westchester will pay less because it has more 9-1-1 funds, he estimates double or triple, coming to it. He also says that Westchester receives more funds because it has a larger population and has six business towers, one of which he believes hosts a phone company. Chief Lukaszek asserts that Hillside receives about 28,000 calls per year and 8,000 9-1-1 calls. He says that Hillside receives so many calls because three main arteries into and out of Chicago, I-290, I-88, and I-294, pass through it. He says Hillside assists the State Police with accidents, motorist assists, ambulance calls, fire calls, and anything else imaginable. He says the Village just incorporated a portion of I-294 so it expects the call volume to increase. Mr. Wajda states that while the tollways and expressways are under the jurisdiction of the State of Illinois, it has no fire department. So, he asserts, Hillside responds to any type of rescue, vehicle fire, or accident. He states that more often than not, the Villages police and fire are first on the scene to extricate and/or transport victims. He reiterates Hillside's concerns about whether the County could handle the fire calls. Mr. Beckwith asserts that the calls from the interstates are just one facet of the 9-1-1 call volume. He states Hillside receives a lot of calls from the daytime population, whether from businesses or factories. Chief Lukaszek states that Norcom dispatches for some of the other communities in Hillside's radio network. He asserts that several times over the last months there have been incidents when Norcom was not sure of the location of a 9-1-1 call and the call disappeared. He gives an example of a person in the community having a heart attack and calling 9-1-1. He says the individual indicated that he was at 'Fresh Meadows,' but the dispatcher had no idea where that was and basically ignored the call. He asserts that Hillside received a call asking, 'where is my ambulance,' ten minutes later. He indicates that the call was made from a cell phone and that Norcom does not have Phase 2 or an automatic location identifier ("ALI"). He indicates that Cook County does have Phase 2. Mr. Wajda indicates that it is not clear the problem would have been alleviated by Cook County having Phase 2 because it is unknown how the call went to Norcom. He says the call was a 9-1-1 within the Village boundary and should have come to the Hillside dispatch center. He concedes that this issue is not related to the consolidation issue.

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Chief Lukaszek testifies that Hillside has a contract for its computer assisted dispatch ("CAD") and records management system ("RMS"). He states that if Hillside had to consolidate the cost for those systems would be very expensive. He explains that Hillside would either have to transfer the records to the other entity's CAD and RMS system or maintain its own system for seven years until it could destroy records according to state law. He reiterates that either option would be very expensive. Mr. Beckwith testifies that, generally, it costs hundreds of dollars an hour to transfer data and asserts that it would take hundreds of hours to make the transfer. Mr. Beckwith asserts that an interface would also have to be built out between the two systems. He asserts that an interface would cost a minimum of $20,000. Mr. Beckwith states that the RMS is a separate issue and that Hillside has discussed the RMS with Cook County. He says Cook County's RMS is going to change. He says that system will not be up and running until next year and more specific cost estimates will not be available until then. Mr. Beckwith testifies that Hillside has two consoles and a third, emergency, position for 9-1-1 answering only. He says there are one to two dispatchers on duty at a time. In response to questioning by the Department, Chief Lukaszek indicates that about five years ago the Village got together with neighboring municipalities, Westchester, Maywood, Broadview, Bellwood, and Berkeley, to conduct a study about consolidation. He states each of these municipalities are on the Net 17 radio band. He explains that the costs at that time were overwhelming, making consolidation economically infeasible. He states the municipalities had not conducted a new study since the amendments to the Act in July of 2015. The Chief indicates that Hillside and Berkeley did a cost analysis of consolidation. Mr. Wajda clarified that the analyzed costs were mainly personnel costs. He indicates that he does not have the costs figures with him, but that it would have worked out fine for Berkeley because their system is outdated so it would need to be shut down one way or the other. Chief Lukaszek states Hillside is on a radio network. He asserts that Hillside's radio equipment is up to date, as is Cook County's, but that the communities surrounding Hillside are not. Mr. Wajda states that the cost of the radio system upgrades were one of the cost issues in the consolidation study. He indicates that the municipalities in need of updates wanted to divide the cost among all the members. Mr. Wajda agrees with the Department that there are other surrounding communities other than the municipalities. But, he states that the other communities were not considered because they are on a different radio band, making communications problematic. Mr. Wajda states Hillside requests a five year waiver so that it can get the life expectancy from its new phone and E-9-1-1 system. He says that, at the same time, Hillside would continue to investigate the Cook County system and get hard numbers on what the consolidation would cost. When asked why Hillside did not include a five year strategic plan with its Request for Waiver, Mr. Wajda answers that it was not yet completed. He states Hillside is working on it and having difficulty getting a hard number for costs. He says that Hillside could provide a rough outline of the possibilities for

16-W-177 consolidation and the roadblocks it foresees, without a cost analysis, in about 60 days. Mr. Wajda requests at least one year to get the cost analyses. Mr. Wajda indicates that he understands that Hillside could satisfy the consolidation requirement by creating a joint ETSB with a service population of more than 25,000 and no more than two PSAPs. Chief Lukaszek states that a joint ETSB is a viable option. B. Department

The Technical Review ("Review") was performed by Ms. Elliott. The Review states that Hillside recently purchased a new phone and E9-1-1 system for $276,110 and does not find it economically reasonable shut down the new system. It notes that Hillside also relies upon its high call volume caused by the Village's intersection with I-290 and I-294, as well as a high school and various businesses and industries. The Review indicates that Hillside did not provide a five year strategic plan. Ms. Elliott testifies that all vendors were notified of the Request for Waiver, that no comments had been received by the Department, that there were no requests to speak at the hearing, and no objections were filed. The Department recommends that rather than granting a waiver for one year, a waiver from filing the Consolidation Plan should be granted for a period of six months after the Order of the Statewide 9-1-1 Administrator to provide feasibility studies and a five year strategic plan. The Department suggests that based on the studies and strategic plan, Hillside should then file another waiver request or a Consolidation Plan.

III. ANALYSIS

Hillside requests a five year waiver of the Consolidation Plan and consolidation requirement on the ground of economically unreasonable. It states it had purchased new radio, 9-1-1, phone, and recording systems prior to the enactment of the consolidation requirement. Hillside states that it joined other municipalities to conduct a consolidation study several years ago, but found consolidation to be uneconomic at that time. Hillside has not completed any financial analysis of consolidation subsequent to the consolidation requirement being enacted. At the hearing, Hillside indicated that it could provide a rough outline of its consolidation options in 60 days, but would need one year to complete a financial analysis of the consolidation options. Hillside states that it will continue to investigate the possibility of consolidating with the Cook County system. Hillside indicates that it will also investigate the possibility of consolidating with other municipalities to form a joint ETSB.

The Hillside Request for Waiver includes the grounds on which the waiver is sought, as required by Section 1324.200(e)(1) of Part 1324. Hillside provides an explanation of the steps it has taken to consolidate. The Request for Waiver indicates the duration of time for which the waiver is sought, as required by Section 1324.200(e)(3). Hillside provides information regarding equipment it recently purchased. Hillside's Request for Waiver is posted on the Department website as required by Section 200(f) of Part 1324. It can be accessed through a link on the Office of the Statewide 9-1-1 5

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Administrator's website. The Department's Review was posted on August 4, 2016, as required by Section 200(f)(1) of Part 1324. The hearing date was also posted on the website.

The purpose of the Emergency Telephone System Act is:

…to shorten the time required for a citizen to request and receive emergency aid. *** The General Assembly further finds and declares that the establishment of a uniform, statewide emergency number is a matter of statewide concern and interest to all inhabitants and citizens of this State. It is the purpose of this Act to establish the number "9-1-1" as the primary emergency telephone number for use in this State and to encourage units of local government and combinations of such units to develop and improve emergency communication procedures and facilities in such a manner as to be able to quickly respond to any person calling the telephone number "9-1-1" seeking police, fire, medical, rescue, and other emergency services.

50 ILCS 750/1. Based on the record, I find that Hillside should be directed to provide an outline of its consolidation options and considerations in 60 days. Hillside should be granted a waiver for a period of six months from the date of the Order of the Statewide 9-1-1 Administrator to file a Consolidation Plan or another Request for Waiver. Hillside should be granted a waiver for a period of one year after filing its Consolidation Plan to consolidate. I believe allowing a waiver of six months after the Order of the Statewide 9- 1-1 Administrator to file the Consolidation Plan, and the requirement that Hillside complete consolidation one year thereafter is consistent with the statutory goals of the Act, and satisfies the requirements of Section 200(e) of Part 1324.

IV. FINDINGS AND RECOMMENDATION

The undersigned Administrative Law Judge, having reviewed the entire record herein and being fully advised in the premises, is of the opinion and finds that:

(1) Hillside -9-11 System has filed a Request for Waiver from the 9-1-1 consolidation requirement of Section 15.4a of the Emergency Telephone System Act, 50 ILCS 750/15.4a;

(2) Hillside 9-1-1 System has demonstrated that it is currently economically unreasonable to consolidate;

(3) the requirement that Hillside 9-1-1 file a Consolidation Plan by July 1, 2016 should be waived for a period of six months from the date of the Order of the Statewide 9-1-1 Administrator; and

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(4) the requirement that Hillside 9-1-1 consolidate should be waived for a period of one year after it files its Consolidation Plan.

IT IS THEREFORE RECOMMENDED that the Hillside 9-1-1 Request for Waiver should be approved for a period of six months after the date of the Order of the Statewide 9-1-1 Administrator to file its Consolidation Plan or a Request for Waiver and consolidation should be achieved one year thereafter.

This Recommended Decision of the Administrative Law Judge is issued, the 10th day of November, 2016.

(SIGNED) Jan Von Qualen Administrative Law Judge