Oswego police chief proposes $750 administrative fee for fleeing, eluding to deter risky pursuits

Chief Aston of the Oswego Police Department on Tuesday asked the Village of Oswego Committee of the Whole to consider amending the municipal code to add a $750 administrative fee for incidents of fleeing and eluding.

The presentation, delivered during the committee's January 20 meeting, said the fee is intended to recoup staff time and create a deterrent that complements criminal charges. "Typically, patrol officers spend about 3 hours on these cases, investigations about 5 hours and then court proceedings about 3 hours," Chief Aston said, adding that those steps together yield "more than $700" in staff time per incident, which informed the $750 figure.

Why it matters: Aston framed the proposal as a public-safety measure tied to changes in pursuit practices. He said many departments now use restrictive pursuit policies to limit risks to the public; that shift, he told trustees, has coincided with an increase in fleeing-and-eluding incidents in some jurisdictions. "I'm not saying the two are directly related, but there is clearly a correlation," Aston said. He told the committee he modeled Oswego's draft on policies adopted recently by Naperville and that a few other area agencies have similar administrative-fee approaches.

Trustees pressed staff for specifics before any ordinance is drafted. One trustee asked how the village would guard against a registered owner falsely blaming another driver; Aston said the draft would require the registered owner to bring the other person to the police station and sign documentation transferring responsibility. Asked what behavior the ordinance would treat as fleeing, Aston said the statute and department practice focus on actions such as accelerating, driving erratically or changing lanes to evade officers — not simply driving on after being signaled if the driver does not take evasive action.

The chief also said the draft would exempt incidents in which a vehicle was stolen or hijacked. On applicability, Trustee Jennifer Hughes (attending electronically) asked whether the Illinois Vehicle Code–based approach would cover unregistered dirt bikes or similar vehicles; Aston said the draft is written for registered vehicles and staff would check with village counsel about nonregistered vehicles.

Trustees raised practical implementation questions: whether the village would charge a late fee, how much administrative work and attorney involvement adjudication would require, and whether a collection agency could be used. Staff and trustees noted the village has an adjudication process for ordinance tickets and said the committee would review code placement and options for collections and late fees. The transcript records that the village's current collection model would keep 70% of recovered fees and pay a collection agency 30% if used.

Aston repeatedly framed the proposal as a safety measure rather than a revenue source. "I would be happy if no one ever fled again and we never got to use this one time because the ultimate goal is not the money," he said. He added that the administrative fee is separate from criminal charges and could proceed on probable cause even when criminal charges are not pursued.

Next steps: Trustees asked staff to provide a breakdown of incidents (for example, Oswego residents versus nonresidents), examine code sections for existing late-fee language, and return with ordinance language and options on adjudication and collections. No ordinance vote occurred at this meeting; the item was presented for discussion and further staff work.

Votes and other business: Earlier in the evening the committee approved a motion allowing Trustee Jennifer Hughes to attend the meeting electronically after she submitted required paperwork to the village clerk. The motion was moved and seconded and recorded as approved by roll call.