Resolution 2024-52 Resolution No. 2024-52
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115
AND THE UNITED CITY OF YORKVILLE
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City') is a duly
organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois
Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal
Code') (65 ILCS 5/65-1-1-2, etseq.); and,
WHEREAS, Yorkville Community School District 115 ("SD115") is an Illinois public
school district organized and operating in accordance with the laws of the State of Illinois; and,
WHEREAS,the Constitution of the State of Illinois of 1970, Article VII, Section 10, and
the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. (collectively, "Authority"),
authorize units of local government and school districts to contract or otherwise associate amongst
themselves to obtain or share services and to exercise, combine, or transfer any power or function
in any manner not prohibited by law; and,
WHEREAS, SD 115 operates schools and other administrative, athletic, and operational
buildings (each a"School,") all within the boundaries of the City and has installed digital camera
systems in and around each School to enhance security and safety at each School; and,
WHEREAS, SD115 believes that if the City Police Department were granted limited
access to the images created by SD115's digital camera systems, the City Police Department
would be better situated to assist in the case of an emergency situation that could endanger
students, employees, or SD 115 property; and
WHEREAS, the City Police Department wishes to assist SD 115 and accept such limited
access to the digital camera system of SD 115 pursuant to the terms of the Intergovernmental
Resolution No. 2024-52
Page 1
Agreement as hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Section 2. The Intergovernmental Agreement between Yorkville Board of Education of
Community Unit School District 115 and the United City of Yorkville for Law Enforcement
Access to School District Security Cameras, in the form attached hereto and made a part hereof,
is hereby approved; and, the Mayor and City Clerk are hereby authorized to execute said
Agreement and the Chief of the Yorkville Police Department is hereby directed to implement its
terms.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
12th day of November, A.D. 2024.
*1111.11.
i TY CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
Resolution No.2024-52
Page 2
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 2-nay of Feh►Lua , A.D. 2025.
MAYOR
Attest:
CI Y CLERK
Resolution No.2024-52
Page 3
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1243473.4
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE BOARD OF EDUCATION OF
YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115
AND
THE CITY OF YORKVILLE
FOR
LAW ENFORCEMENT ACCESS TO
SCHOOL DISTRICT SECURITY CAMERAS
November 2024
THIS INTERGOVERNMENTAL AGREEMENT("Agreement") is made and entered into between the
Board of Education of Yorkville Community Unit School District No. 115, Kendall County, Illinois
("School District") and the City of Yorkville ("City")(together,the "Parties").
WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental
Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation;
and
WHEREAS, the School District operates schools and other administrative, athletic, and
operational buildings (each a "School," all within the boundaries of the City; and
WHEREAS,the School District has installed digital camera systems in and around each School to
enhance security and safety at the Schools and Administration Building, and the Parties believe
that if the City Police Department were granted access to the images created by the School
District's digital camera systems, the Police Department would be better situated to assist the
School District in the case of an emergency situation that endangered students, employees, or
School District property;and
WHEREAS, the School District and the Department wish to provide for limited access by the
Department to the School District security camera live feed and recorded footage for school
safety and security purposes.
NOW, THEREFORE, for good and sufficient consideration provided each to the other, the
Agreement is hereby amended by adding the following provisions:
I. ACCESS TO SCHOOL DISTRICT DIGITAL SECURITY CAMERAS
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A. Provision of Access to Digital Camera System. Subject to any applicable licensing
restrictions, the School District shall provide to the Department the necessary
login information in order to enable the Department to view real time video
created by School District digital security cameras. This Agreement applies to
security cameras inside and on the exterior of School District buildings, but does
not apply to any cameras on school buses.
B. Limited Viewing
1. Authorized Viewers and Designated Devices. Individuals authorized on
behalf of the Department to view images created by the School District
digital cameras shall be limited to (collectively, "Authorized Viewers"):
a. The Police Chief;
b. Police Department employees authorized by the Chief or, in the
absence of the Chief, the Chief's designee; and
c. The Department's IT employees and IT contractors authorized by the
Chief, or in the absence of the Chief,the Chief's designee.
The Authorized Viewers may log in to the School District's camera software
only from designated Department computers or other electronic devices
meeting the School District's technical specifications and approved by the
School District.The IP address of each Department device approved by the
School District shall be registered in advance with the School District's
Superintendent. Nothing in this Agreement shall require the Department
to procure any technology. The Department shall test the login from all
designated devices on a quarterly basis.
2. Access to Live Feed. The Department shall not permit any individual,
including Authorized Viewers,to view on a routine basis the real time video
(live feed) from the School District digital cameras. Authorized Viewers
shall be permitted to view real time images created by the School District
digital cameras only when:
a. An emergency call (e.g. 911 or otherwise) is made from or regarding
the School;
b. Necessary or prudent, as determined by the Department, for the
Department to deter or protect against an imminent and substantial
threat that is likely to result in significant bodily harm or damage to
School District property;
c. Requested by the Superintendent of the School District or Principal of
the School;
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1243473.4
d. Necessary or prudent for purposes of training for response to
emergencies in the School District buildings,with advance notice of the
date,time,and purpose to the School Principal or designee and written
consent from the School Principal or designee; or
e. Consented to by the School District for investigative purposes.
Unless School District permission was given in advance for specific live feed
access,the Department shall promptly notify the Superintendent when the
Department has accessed live feed from School District cameras. The
School District also may independently audit the digital camera system
login history, as available in the software.
3. Access to Recorded Video and Images. The Department shall not permit
any individual, including Authorized Viewers,to view on a routine basis any
recorded footage or images created by the District digital cameras.
Authorized Viewers shall be permitted to view recorded footage or images
created by the District digital cameras only in the circumstances listed
above in Section B.2 as applicable to access to live feeds. However, as
distinguished from access to live feeds, recorded video may, in some
circumstances, constitute student records.Thus, except in the event of an
emergency call or action to deter or protect again an imminent and
substantial threat(see Section B.2.a,b above),the Department shall obtain
advance permission from the School District Superintendent or designee
in order to access recorded video footage or images.
Unless School District permission was given in advance for specific
recorded video or image access, the Department shall promptly notify the
Superintendent when the Department has accessed recorded video or
images from School District cameras. The School District also may
independently audit the digital camera system login history,as available in
the software.
C. Limited Download and Retention.
1. The Department will not download, record, scrape, screenshot, or
otherwise preserve any live feed.
2. If the Department has authority under this Agreement to view recorded
footage or images for viewing and has obtained any required advance
approval for such viewing access under the above Section B.3, the
Department may further request permission from the School District
Superintendent or designee to download such recorded footage or
images. The Department will not download, record, scrape, screenshot or
otherwise preserve any recorded footage or images without such advance
permission or production of a court order. If the permission to download
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or otherwise preserve recorded footage or images is granted by the School
District pursuant to the Reciprocal Reporting provisions of the Agreement,
the Department's use of such records shall comply with the restrictions of
those provisions.
3. Except as may be required by law, recorded footage downloaded or
otherwise preserved by the Department shall not be released, displayed,
or disseminated by the Department to any third parties, or to any
employees or agents of the Department who do not have a law
enforcement purpose for such access.The Department shall not retain any
recordings or preserved recorded footage or images beyond the retention
period for documents that are part of an actual or reasonably
contemplated police investigation into actual or suspected criminal
activity.
D. Freedom of Information Act. If the Department receives a Freedom of Information
Act request for any images or video in its possession obtained from the School
District or created or derived from School District digital security camera images
or recordings, the Department shall immediately notify the School District and
work in good faith with the School District before responding to the Freedom of
Information Act request to ensure legal and personal privacy of individuals is
preserved to the extent allowed by law.
E. School Student Records
1. The images created on the School District's digital cameras are created for
security purposes and are therefore not routinely classified as school
student records as defined by Section 2 of the Illinois School Student
Records Act, 105 ILCS 10/2, and Section 375.10 of Title 23 of the Illinois
Administrative Regulations, 23 ILADC 375.10, and as interpreted by the
U.S. Department of Education under the Family Educational Rights and
Privacy Act, 20 U.S.C. 1232g. Such images may, however, become school
student records, such as if subsequently used by the School District in a
student disciplinary matter or for other official purposes.
2. The School District shall notify the Police Chief of any recordings that
become school student records or otherwise mark such recordings as
student records prior to authorizing Department access. The Department
shall, if requested by the School District and permitted by law, erase any
images the Department has retained that have become school student
records, unless such images are part of an active or reasonably
contemplated police investigation into actual or suspected criminal
activity.
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3. Any images the Department maintains that have become school student
records must be kept strictly confidential and only disclosed:
a. With prior written approval of the Superintendent of the School
District or the Superintendent's designee;
b. In the case of an emergency as defined in Section 375.60 of Title 23
of the Illinois Administrative Regulations, 23 ILADC 375.60; or
c. In good faith consultation with the Superintendent of the School
District or the Superintendent's designee and in accordance with
the Illinois School Student Records Act. 105 ILCS 10/6.
F. Term of Agreement.This Agreement shall be effective as of the date executed
by both Parties and shall remain in effect until terminated by either Party.This
Agreement may be terminated by either Party upon thirty (30) days' written
notice to the other Party.
G. Amendment.This Agreement may be amended by a written document signed by
both Parties.
H. No Third Party Beneficiaries_This Agreement shall not be construed as to create
a duty on a Party to a nonparty or a right of a nonparty to enforce any provision
of this Agreement, even a provision whose enforcement would benefit the
nonparty.
I. No Assignment. Neither Party hereto may assign its respective rights or duties
hereunder.
J. Complete Agreement. This Agreement replaces and supersedes any prior
agreement between the Parties regarding the subject matter of this Agreement.
K. Compliance with Law. The City and School District shall observe and comply with
the laws, ordinances, regulations, codes of Federal, State (Illinois), and County
agencies that may in any manner affect the performance of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and
year this Agreement is fully executed by both Parties.
BOARD OF EDUCATION OF CITY OF YORKVILLE
YORKVILLE CUSD 115
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