2014-10RESOLUTION NO. 2014 - 10
N440 11111"1141 • e • • •• - r
• •r' •► • •
LOCAL •
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, Public Act 97 -0632 established the "Local Debt Recovery Program" to allow units of
government to collect outstanding debt in coordination with the Illinois Comptroller's Office; and
WHEREAS, the Village must execute and Intergovernmental Agreement with the Comptroller's
Office to participate in the Program; and
WHEREAS, it is in the best interest of the Village to use the Local Debt Recovery Program as a tool
to ensure efficient and effective collection of amounts owed to the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
Section 1. The President and Board of Trustees of the Village of Buffalo Grove support an
Agreement with the Illinois Office of the Comptroller.
Section 2. The Village President of the Village of Buffalo Grove is hereby authorized to execute the
Agreement, a copy of which is attached.
Section 3. This Resolution shall be in full force and effect from and after its passage and approval.
AYES: 6 — Berman; Trilline. Sussman, Terson, Stein, Ottenheimer
NAYS: 0 - None
ABSENT: 0 - None
ABSTAIN: 0 - None
PASSED: February 24, 2014
APPROVED: February 24, 2014
Attest:
Village Clerk
Article I — Purpose
The purpose of the Agreement between the IOC and the local unit is to establish the
iinni ini conditions for the offset of the State's tax and nontax Oavments in order to
Article 11 — Authority
The authority for State payment offset is granted under Section 10.05 of the Act [15 ILCS
405/10.051 and the authority for entering into this Agreement is granted under Section
10.05d of the Act [ 15 ILCS 405/10.05d], Section 3 of the Intergovernmental Cooperation
Act [5 ILCS 220/3], and Article VII of the Illinois Constitution [111. Const., Art. VII, Sec.
101.
A. Legal Requirements. The offset of State payments shall be conducted pursuant to
the authority granted in Section 10.05 and 10.05d of the Act [15 ILCS 405/10.05
and 10.05d] and the requirements set forth in this Agreement.
(a) For purposes of this Agreement, debt shall mean any monies owed
to the local unit which is less than 7 years past the date of
final determination, as confirmed by the local unit in Article
III(A)(2)(a)(viii) of this Agreement.
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(c) No debt which has resulted in the issuance of a warrant for the
arrest
♦ the debtor may be placed or remain on the System so torn
as that warrant for arrest is active. a
(d)
• debt which has resulted in the attachment of a lien on any
personal property or other personal interest of the debtor shall be
placed or remain on the System so long as that lien is attached to
that property or interest.
2. Due Process & Notification
(a) Before submitting a debt to IOC for State payment offset, the local
unit must comply with all of the notification requirements of this
Agreement. For purposes of this Agreement, notification of an
account or claim eligible to be offset shall occur when the local
unit submits to IOC the following information:
(i) the name and address and/or another unique identifier of
the person against whom the claim exists;
(ii) the amount of the claim then due and payable to the local
unit;
(iii) the reason why there is an amount due to the local unit (i.e.,
tax liability, overpayment, etc.);
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(vi) a description of the type of notification has been given to
the person against whom the claim exists and the type of
opportunity to be heard afforded to such a person;
2
(vii) a statement as to the outcome of any hearings or other
proceedings held to establish the debt, or a statement that
no hearing was requested; and,
(b) IOC will not process a claim under the Agreement until
notification has been received from the local unit that the debt has
been established through notice and opportunity to be heard.
(c) The local unit is required to provide the debtor with information
about a procedure to challenge the existence, amount, and current
collectability of the debt prior to the submission of a claim to IOC
for entry into the System. The decision resulting from the
utilization of this procedure must be reviewable.
(e) For purposes of this Agreement, "chief officer of the local unit"
means Finance Director.
4. Notification of Change in Status
(a) The chief officer must notify IOC as soon as possible, but in no
case later than 30 days, after receiving notice • a change in the
status
• an offset claim.
(b) A change in status may include, but is not limited to, payments
received other than through a successful offset, the filing of a
bankruptcy petition, the death • the debtor, • the expiration • the
ability for the debt to remain on the System, as provided for in
Article III(A)(1)(b) • this Agreement.
Notification of Change in the Chief Officer
(a) The local unit shall be responsible for notifying IOC as soon as is
practicable in the event the chief officer named in the Agreement is
• longer an officer or employee of the local unit or is otherwise
unable to perform the certification process provided for in
Subsection 3 of this Section.
(c) The local unit shall be responsible for updating records with IOC
in the event of a change in the chief officer in order to reestablish
certification authority and resume collection by State payment
offset.
2. Fee. A fee may be charged to the debtor and shall be no more than $20
per payment transaction. The fee will be deducted from the payment to •
offset prior to issuance to the local unit.
protest the offset within sixty (60) days of the written notice.
7. Debt Priorities. If a debtor has more than one local unit debt, the debt
with the oldest date of entry • the System shall be offset first.
Transfer of Payment. Transfer of payment by IOC to the local unit shall
be made in the form of electronic funds transfer (EFT). Nothing in this
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this Agreement at a later date in order to provide for an alternative
method(s) of payment transfer.
an offset occurred due to inaccurate debt information or over collection,
and the local unit has already received payment from 10C. IOC will only
refund monies in the event that a payment has not yet been made to the
local unit.
Article IV — Permissible Use of Information
VITO
for the purpose of conducting offsets under the Agreement. As such, IOC will use the
information solely in connection with the Local Debt Recovery Program. IOC shall
safeguard the local information in the same manner as it protects State debt information.
The local unit acknowledges that IOC is providing sensitive information about State
payments for the purpose of conducting offsets under the Agreement. As such, the local
unit will use the information solely in connection with the Local Debt Recovery Program.
The local unit shall safeguard State information in the same manner as it protects local
debt information.
The parties may use information in any litigation involving the parties, when such
information is relevant to the litigation.
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it is ten-ninated by one of the parties. Either party may terminate this Agreement by
the termination. Any modifications to the Agreement shall be in writing and signed by
both parties.
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IOC: Ray Marchiori, Director — Department of Government and Community
Affairs
Article V111 — Contacts
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IOC: Alissa Camp, General Counsel
Illinois Office of the Comptroller
325 West Adams
Springfield, Illinois 62704
Phone: 217/782-6000
Fax: 217/782-2112
E-mail: CampAJ@mail. ioc. state. il. us
Local Unit: Scott D. Anderson, Finance Director
Village of Buffalo Grove
50 Raupp Blvd.
214�
Phone: 847-459-2509
Fax: 847-459-0332
Email: sandersongyba.org
Article IX — Acceptance of Terms and Commitment
bind their respective organizations to the terms of this document, and hereby do so.
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