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If any provision, clause, section, part or application of this chapter to any person or circumstance is declared invalid by any court of competent jurisdiction, such invalidity shall not affect, impair or invalidate the remainder hereof or its application to any other person or circumstance. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such invalid provision, clause, section, part or application not been included herein. Nothing contained in this chapter is intended otherwise to alter or amend the rights or obligations of the city or any person affected by this ordinance.
(Prior code § 19-17; Added Coun. J. 10-4-89, p. 5726)
In addition to the rights and powers conferred by this amendatory ordinance of 2016, the inspector general and the office of inspector general shall assume, respectively, all rights and powers of the former legislative inspector general and the office of the legislative inspector general. All books, records, property and funds relating to the former office of the legislative inspector general and such rights and powers are transferred to the office of inspector general.
The inspector general shall succeed the former legislative inspector general in administering and investigating pending matters under the jurisdiction of the former legislative inspector general.
(Added Coun. J. 2-10-16, p. 19348, § 4)
"Office" means the Civilian Office of Police Accountability established in Chapter 2-78.
"Police Board" means the Police Board established in Chapter 2-84.
"Police Department" means the Chicago Department of Police established in Chapter 2-84.
"Public Safety Deputy" means the Deputy Inspector General for Public Safety established in this chapter.
"Superintendent" means the Superintendent of Police or the Superintendent's designee.
(Added Coun. J. 10-5-16, p. 34471, § 6)
There is hereby established within the Office of the Inspector General a section to be known as the Office of the Deputy Inspector General for Public Safety, which shall include the Public Safety Deputy and such assistants and other employees as may be required to implement the Public Safety Deputy's powers and duties as set forth in Sections 2-56-200 through 2-56-280. The Public Safety Deputy shall be appointed pursuant to Section 2-56-220, and may be removed from office only for cause pursuant to Section 2-56-280.
(Added Coun. J. 10-5-16, p. 34471, § 6)
The mission of the Office of the Deputy Inspector General for Public Safety is to initiate reviews and audits of the Police Department, the Office and the Police Board with the goal of enhancing the effectiveness of the Police Department, the Office and the Police Board; increasing public safety, protecting civil liberties and civil rights; and ensuring the accountability of the police force, thus building stronger police-community relations.
(Added Coun. J. 10-5-16, p. 34471, § 6)
(a) Qualifications. The Public Safety Deputy shall have the following minimum qualifications:
(i) An attorney with substantial experience in criminal, civil rights, and/or labor law, or corporate and/or governmental investigations; or an individual with substantial experience in law enforcement oversight, preferably with a graduate degree.
(ii) Knowledge of law enforcement, particularly of internal investigations of wrongdoing and use of force.
(iii) A commitment to and knowledge of the need for and responsibilities of law enforcement, as well as the need to protect basic constitutional rights of all affected parties.
(iv) Demonstrated integrity, professionalism, sound judgment, and leadership.
(v) The ability to work with diverse groups and individuals.
The Public Safety Deputy shall not be a current or former employee or member of the Police Department, the Independent Police Review Authority, the Civilian Office of Police Accountability, or the Police Board.
(b) Selection process. Within 90 days of an actual or expected vacancy in the position of Public Safety Deputy because of death, resignation, removal, or the Inspector General's decision not to reappoint an incumbent Public Safety Deputy, the Inspector General is authorized to, and shall, engage a nationally recognized organization with expertise in government oversight to perform a nationwide search and to create a pool of no less than ten of the most qualified candidates for the position of Public Safety Deputy. The Inspector General shall within two business days of engaging such organization submit to the City Council in an official communication placed on file with the City Clerk the name of such organization. The organization shall submit the identities of such candidates, including resumes, qualifications, and statements detailing each candidate's credentials, to the Inspector General, within 60 days. Any costs associated with the selection process under this Section shall be paid for from funds duly appropriated for such purpose.
The Inspector General shall, within 30 days of receipt of the information submitted under this subsection, select and nominate the most qualified candidate for approval by the City Council. If the City Council rejects the candidate, the Inspector General shall select and nominate another candidate from the pool, until the candidate selected and nominated by the Inspector General is approved by the City Council.
If deadlines established in this subsection have not been timely met, the Chair of the Committee on Ethics and Government Oversight may convene a public hearing, at which the Inspector General shall appear to speak upon request of such Committee as to the cause or causes of delay and the steps taken to complete their responsibilities under this subsection.
(c) Term. The term of the Public Safety Deputy shall commence upon the approval of their nomination by the City Council, and shall continue for the remaining term of the incumbent Inspector General, provided that the Public Safety Deputy shall continue in office until a successor has been approved by the City Council. At the conclusion of a term, the incumbent Public Safety Deputy may be reappointed by the Inspector General, subject to approval by the City Council. If the incumbent Public Safety Deputy is not reappointed, or if at any time a vacancy occurs due to the death, resignation, or removal of the incumbent Public Safety Deputy, the Inspector General shall select a new Public Safety Deputy pursuant to the process set forth in this section, subject to the approval of the City Council.
In the event of a vacancy of the Public Safety Deputy, the Inspector General may appoint an interim Public Safety Deputy who is currently employed within the Office of Inspector General without City Council approval until a permanent selection is made. An interim Public Safety Deputy shall have all investigatory, oversight, and jurisdictional powers of the Public Safety Deputy.
(Added Coun. J. 10-5-16, p. 34471, § 6; Amend Coun. J. 7-19-23, p. 1888, § 2)
The Public Safety Deputy shall have the following powers and duties:
(a) To conduct periodic analysis and evaluation of the results of all closed disciplinary investigations conducted by the Office and the Police Department to identify trends and summarize the number and results of such investigations, and to issue an annual report concerning such analysis and evaluation, and the performance of the police disciplinary system more generally;
(b) To conduct reviews and audits of particular policies, procedures or practices of the Police Department, the Office, and the Police Board with respect to police disciplinary investigations and hearings, and to make findings and recommendations based on those findings to inform and improve future investigations and hearings;
(c) To review and audit individual closed Office and Police Department disciplinary investigations, and to make findings and recommendations based on those findings: (i) to inform and improve future investigations and ensure that they are complete, thorough, objective, and fair; and (ii) if it finds a deficiency that it concludes materially affected the outcome of the investigation, recommend that the investigation be reopened;
(d) To review and audit the Police Department's policies, practices, programs and training (i) with respect to constitutional policing, discipline, and use of force, or (ii) that affect the Police Department's integrity, transparency, and relationship with City residents; and to make recommendations to the Superintendent and the Chair of the City Council Committee on Police and Fire, or its successor committee, to address problems or deficiencies or make improvements in such policies, practices, programs, and training;
(e) To review, audit and analyze civil judgments and settlements of claims against members of the Police Department, and to issue recommendations based on its findings to inform and improve or correct deficiencies in the conduct, or operation of the Police Department;
(f) To review and audit all sustained findings, disciplinary recommendations, and decisions made by the Police Department, the Office, and the Police Board, and any subsequent arbitration decisions, for the purpose of assessing trends and determining whether discipline is consistently and fairly applied, and determining whether final disciplinary decisions are being carried out;
(g) To address community groups and inform the public on the mission, policies and ongoing operations of the Public Safety Deputy;
(h) Subject to applicable law, to have full access to all information in the possession or control of the Police Department, the Office, the Police Board, and any other City department or agency in order to conduct, any review or audit within the Public Safety Deputy's jurisdiction; and
(i) To set minimum qualifications and appropriate screening procedures for all persons to be considered for employment by the Office of the Deputy Inspector General for Public Safety, and to set appropriate staffing levels to carry out the powers and duties set forth herein.
The Public Safety Deputy shall have the authority to make recommendations, based on its reviews and audits, to the Police Department, the Police Board and the Office with respect to changes in policies, procedures, practices, operations, directives, training and equipment to address any deficiencies or problems or implement any improvements identified by its reviews and audits. The Public Safety Deputy is also authorized to make recommendations to other City departments and agencies that it determines are necessary or helpful to effect its recommendations as to the Police Department, the Police Board, and the Office.
(Added Coun. J. 10-5-16, p. 34471, § 6; Amend Coun. J. 7-19-23, p. 1768, § 1)
(a) Reporting the results of individual reviews or audits. Upon concluding a review or audit, the Public Safety Deputy shall issue a written report setting forth its findings and conclusions and recommendations to the entity or entities that were the subject of the review or audit (i.e. the Police Department, the Police Board, and/or the Office). The report shall include:
(1) A description of the scope of the review or audit, the categories of information collected in connection with the review or audit, and the method of conducting the review or audit;
(2) The Public Safety Deputy's findings and conclusions, including findings or conclusions with respect to any problems, deficiencies, or improvements observed or discovered in the course of the review or audit;
(3) The Public Safety Deputy's recommendations for addressing any problems or deficiencies, or implementing any improvements, described in the report; and
(4) Such other information as the Public Safety Deputy may deem relevant to the review or audit, or its findings, conclusions, and recommendations.
(b) Annual report. The Public Safety Deputy shall publish an annual report that summarizes its reviews and audits conducted during the prior calendar year, and that reports on the Public Safety Deputy's analysis of information, including patterns and trends, during the prior calendar year, the outcomes of individual reviews or audits, and its recommendations during the prior calendar year. The annual report shall also report on the status of the Police Department's, the Police Board's, the Office's, and any other City departments or agency's adoption of the Public Safety Deputy's previous recommendations.
The Public Safety Deputy shall make all reports prepared under this section publicly available in accordance with Section 2-56-250.
(Added Coun. J. 10-5-16, p. 34471, § 6)
Within 45 days of issuance of the annual report required in Section 2-56-240(b), the Public Safety Deputy or their designee shall appear at a hearing of a joint City Council Committee consisting of the Committee on Police and Fire and the Committee on Public Safety, or their respective successor committees, to respond to questions concerning such report.
(Added Coun. J. 10-5-16, p. 34471, § 6; Amend Coun. J. 7-19-23, p. 1768, § 1)
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