2-78-100 Definitions.
2-78-105 Civilian office of police accountability – Establishment and composition.
2-78-110 Purpose.
2-78-115 Chief Administrator – Qualifications and appointment.
2-78-120 Office and Chief Administrator – Powers and duties.
2-78-125 Subpoenas.
2-78-130 Decisions, recommendations.
2-78-135 Investigations not concluded within six months.
2-78-140 Cooperation in investigations.
2-78-145 Reports open to public inspection.
2-78-150 Quarterly and annual reports to legislative and executive branches.
2-78-151 Appearance before committee.
2-78-155 Chief Administrator – Conditions for removal from office.
2-78-160 Retaliation, obstruction or interference prohibited – Penalty.
2-78-165 Violation – Penalty – Discharge or other discipline.
2-78-170 Rules and procedures.
2-78-175 Accountability.
2-78-180 Transition.
2-78-185 Public policy.
The following terms wherever used in this chapter shall have the following meanings unless a different meaning appears from the context:
"Chief Administrator" means the Chief Administrator of the Civilian Office of Police Accountability or the Chief Administrator's designee.
"Coercion" means the use of improper or unlawful force or threats, express or implied, in order to compel a person to act against his or her will. As defined herein, "coercion" includes compelling a person to make statements.
"Commission" means the Community Commission for Public Safety and Accountability established in Chapter 2-80.
"Domestic violence" means physical abuse (other than sexual abuse), harassment, stalking, intimidation or violations of orders of protection (or similar court orders) involving a sworn officer's family or household member. As used in this definition, the term "family or household member" means spouses or former spouses; parents, children or stepchildren whether by blood or adoption; persons who share or formerly shared a common dwelling; persons who have or are alleged to have a child in common; or persons who have or have had a dating or engagement relationship.
"Excessive force" means a police officer's application of force which, either because of the type of force employed, or the extent to which such force is employed, exceeds the force that reasonably appears to be necessary under all the circumstances surrounding the incident, including whether any use of force was appropriate.
"Final Summary Report" means the report summarizing an investigation conducted by the Office concerning an incident of alleged police misconduct or another incident that is within the Office's jurisdiction that is made available to the public pursuant to Section 2-78-145, which shall contain, as applicable: (i) a description of the officers and subjects involved in the incident; (ii) the date, time and location of the incident; (iii) a description of the allegations and applicable rules; (iv) a narrative summary of the incident; (v) a narrative summary of the investigation; and (vi) the Office's findings and conclusions.
"Military status" has the meaning ascribed to the term in Section 6-10-020.
"Office" means the Civilian Office of Police Accountability established in this chapter.
"Police Board" means the Police Board established in Chapter 2-84 of this Code.
"Police Department" means the Department of Police established in Chapter 2-84 of this Code.
"Sexual misconduct" means:
(1) any behavior, occurring on or off duty, by a member of the Police Department that takes advantage of the Police Department member's position in law enforcement to misuse authority and power, including force, in order to commit a sexual act, initiate sexual contact with another person, or respond to a perceived sexually motivated cue (from a subtle suggestion to an overt action) from another person;
(2) any sexual communication or behavior, occurring on or off duty, by a member of the Police Department that would likely be construed as lewd, lascivious, inappropriate, or conduct unbecoming of a member of the Police Department; or
(3) any attempted or completed act, occurring on or off duty, by a member of the Police Department of nonconsensual sexual conduct or nonconsensual sexual penetration, as defined in Section 11-0.1 of the Illinois Criminal Code of 2012, criminal sexual assault, as defined in Sections 11-1.20 through 11-1.40 of the Illinois Criminal Code of 2012, or criminal sexual abuse, as defined in Sections 11-1.50 through 11-1.60 of the Illinois Criminal Code of 2012.
"Superintendent" means the Superintendent of Police or the Superintendent's designee.
"Transition Date" means the date when, in the discretion of the Chief Administrator, the Office has been established and is functioning to the point that it can assume the duties and investigations previously discharged by the Independent Police Review Authority, which shall be as soon as possible after January 1, 2017, but no later than September 30, 2017.
"Verbal abuse" means the use of oral or written remarks that are overtly insulting, mocking or belittling, directed at a person based upon the actual or, perceived race, immigration status, color, gender, age, religion, ancestry, national origin, sexual orientation, disability, marital status, parental status, military discharge status, source of income, or gender identity or expression of that person. "Verbal abuse" shall also include any unwelcome sexual advances or requests for sexual favors.
(Added Coun. J. 10-5-16, p. 34471, § 3; Amend Coun. J. 7-21-21, p. 33219, § 3; Amend Coun. J. 2-23-22, p. 45083, § 1; Amend Coun. J. 4-27-22, p. 46382, § 4)
There is hereby established an office of the municipal government to be known as the Civilian Office of Police Accountability, which shall include the Chief Administrator and such deputies, assistants and other employees as required to perform the Office's powers and duties as set forth in this chapter. The Office shall be located in a facility separate from the Police Department.
The appropriations available to pay for the expenses of the Office during each fiscal year shall be determined by the City Council as part of the annual City budget process, but shall not be less than one percent (1.0%) of the annual appropriation of all non- grant funds for the Police Department contained in the annual appropriation ordinance for that fiscal year.
(Added Coun. J. 10-5-16, p. 34471, § 3)
The mission of the Civilian Office of Police Accountability is to provide a just and efficient means to fairly and timely conduct investigations within its jurisdiction, including investigations of alleged police misconduct and to determine whether those allegations are well-founded, applying a preponderance of the evidence standard; to identify and address patterns of police misconduct; and, based on information obtained through such investigations, to make policy recommendations to improve the Chicago Police Department and reduce incidents of police misconduct.
(Added Coun. J. 10-5-16, p. 34471, § 3)
The Chief Administrator shall be the chief executive officer of the Office, and shall be selected pursuant to the process set forth in Section 2-80-080. The Chief Administrator shall serve a term of four (4) years, and at the conclusion of such term may be considered for reappointment. The Chief Administrator may be removed from office prior to the conclusion of such term only for cause in accordance with Section 2-80-090.
The Chief Administrator shall have the following minimum qualifications:
(a) 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, or investigating employee or other wrongdoing;
(b) Knowledge of law enforcement, particularly of internal investigations of wrongdoing and use of force;
(c) 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;
(d) Demonstrated integrity, professionalism, sound judgment, and leadership; and
(e) The ability to work with diverse groups and individuals.
The Chief Administrator shall not be a current or former sworn employee of the Police Department, a non-sworn employee of the Police Department within the last five years, or an employee of the Cook County State's Attorney's Office within the last five years.
(Added Coun. J. 10-5-16, p. 34471, § 3; Amend Coun. J. 7-21-21, p. 33219, § 3)
The Office and Chief Administrator shall have the following powers and duties:
(a) To receive and register all complaints filed against members of the Police Department;
(b) To conduct investigations into complaints against members of the Police Department alleging domestic violence, excessive, force, coercion, or verbal abuse;
(b-5) To conduct investigations into complaints against members of the Police Department alleging sexual misconduct or, after conferring about the details of a particular sexual misconduct investigation with the Police Department's Bureau of Internal Affairs, to refer complaints to the Bureau of Internal Affairs if the Chief Administrator and the Bureau of Internal Affairs jointly determine that the Bureau of Internal Affairs may conduct the administrative investigation into the complaint and that doing so avoids unnecessary disruption to the complainant.
(c) To conduct investigations into all incidents, including those in which no allegation of misconduct is made, in which, a Police Department member discharges: (i) a firearm in a manner that potentially could strike another individual, (ii) a stun gun or taser in a manner that results in death or serious bodily injury, or (iii) in the Chief Administrator's discretion, other weapons discharges and other use of Police Department- issued equipment as a weapon that results in death or serious bodily injury;
(d) To conduct investigations into incidents, including those in which no allegation of misconduct is made, where a person dies or sustains a serious bodily injury while detained or in Police Department custody, or as a result of police actions, such as during attempts to apprehend a suspect;
(e) To conduct investigations into all incidents of an "officer-involved death," as that term is defined in 50 ILCS 727/1-5;
(f) To conduct investigations into complaints against members of the Police Department alleging improper search or seizure of either individuals or property, or unlawful denial of access to counsel;
(g) To forward all complaints filed against members of the Police Department, other than those set forth in paragraphs (b) – (f) of this section, to the Police Department's Bureau of Internal Affairs;
(h) In the Chief Administrator's discretion, to review lawsuits or claims against the Police Department, or one or more of its members, or against the City alleging police misconduct that falls within the Office's jurisdiction, where such lawsuit or claim was subsequently settled or resulted in a judgment against such member, the Police Department or the City, for the purpose of reopening a prior investigation or opening a new investigation of alleged police misconduct;
(i) To refer a complaint against a member of the Police Department within the Office's jurisdiction to mediation or such other methods of alternative dispute resolution that may be adopted in the Chief Administrator's discretion, except for complaints alleging: (i) the use of excessive force that results in death or serious bodily injury; (ii) sexual misconduct; or (3) domestic violence involving physical abuse or threats of physical abuse. The Office shall promulgate rules governing such mediations and other dispute resolution methods, which shall provide that participation shall be voluntary for all parties, and that the complainant, if any, shall be provided an opportunity to participate in the mediation process or other alternative dispute resolution process;
(j) To conduct investigations within its jurisdiction in a manner consistent with Article IV of Chapter 2-84 of this Code, the rules established by the Police Board, and any other applicable laws and rules;
(k) Subject to applicable law, to review the complaint history of a member of the Police Department in order to inform a current investigation;
(l) To recommend to the Superintendent, with respect to incidents within its jurisdiction, appropriate disciplinary or other remedial action against members of the Police Department found to be in violation of any applicable Police Department rules, including rules related to the duty to provide truthful information regarding the officer's own conduct and the conduct of others, and the duty to report the misconduct of others. Such remedial action may include, but is not limited to, reassignment, additional training, or counseling;
(m) Based on information obtained through investigations conducted pursuant to this section, to recommend to the Superintendent, the Chair of the City Council Committee on Police and Fire, or its successor committee, the Police Board, and the Commission revisions to the Police Department's policies, practices, collective bargaining agreements, programs, and training in order to improve the accountability, effectiveness, integrity, and transparency of the Police Department;
(n) To conduct investigations to determine whether members of the Police Department are engaging in patterns or practices of misconduct, and, where a pattern or practice of misconduct is found, recommend revisions to the Police Department's policies, practices, programs, and training in order to address and eliminate such patterns or practices;
(o) Subject to applicable law, to have full access to all information in the possession or control of the Police Department, the Police Board, and any other City department or agency in order to conduct investigations within the Chief Administrator's jurisdiction;
(p) To issue subpoenas to compel the attendance and testimony of witnesses and the production of documents and other items relevant to an investigation within its jurisdiction. Issuance of subpoenas shall be subject to Section 2-78-125;
(q) To retain counsel to enforce and defend against subpoenas and to advise and represent the Office with respect to its investigations, provided:
(i) such counsel are selected from a pool of no fewer than five firms previously approved by the Corporation Counsel after consultation with the Office;
(ii) such counsel are retained pursuant to the standard terms of engagement then used by the Corporation Counsel, including any limitations on fees or costs;
(iii) the costs of such representation are paid from the appropriations of the Office; and
(iv) the Office provides the Corporation Counsel with notice of the engagement, including the firm selected and a copy of the engagement agreement.
Nothing in this provision shall be construed to alter the exclusive authority of the Corporation Counsel to either defend and supervise the defense of claims against the City and/or individual City defendants, or to provide the Office or the Chief Administrator with the authority to settle monetary or other claims against the City and/or individual City defendants.
(r) To promulgate rules and procedures for the conduct of the Office and its investigations consistent with due process of law, equal protection under the law, and all other applicable local, state and federal laws, and in accordance with Section 2-78-170;
(s) To set minimum qualifications and appropriate screening procedures for all persons to be considered for employment by the Office, and to set appropriate staffing levels to carry out the powers and duties set forth herein, provided, however, that no investigator employed by the Office shall be a current or former sworn member of the Police Department within the last five years;
(t) To address Police Department personnel and community groups, and inform the public, on the mission, policies and ongoing operations of the Office;
(u) To develop and implement a process for allowing citizens to file complaints by various means, including submission of complaints using the Internet, by telephone, and in person at locations or meetings in the community;
(v) In the Chief Administrator's discretion, to review and investigate the facts of individual civil lawsuits and criminal proceedings involving alleged police misconduct, in order to identify and investigate incidents of police misconduct or to make recommendations to improve Police Department policies and practices within the Office's jurisdiction;
(w) To appear before the Committee on Finance at public hearings at which proposed settlements of lawsuits and controverted claims against the Police Department or its members are submitted for approval, and, subject to any applicable legal constraints regarding confidentiality, reply to questions related to Office or Independent Police Review Authority investigations involving Police Department members who are named parties to said lawsuits or controverted claims; and
(x) Subject to applicable law and in the Chief Administrator's discretion, to reopen any closed Office or Independent Police Review Authority investigations if:
(i) The Chief Administrator becomes aware of evidence not available at the time the investigation was closed that could materially affect the results of that investigation;
(ii) The Chief Administrator determines that the manner in which the investigation was concluded has resulted in a gross miscarriage of justice; or
(iii) Following a review or audit of an investigation by the Deputy Inspector General for Public Safety, the Deputy Inspector General for Public Safety recommends that the investigation be reopened. If the Chief Administrator declines to reopen a closed investigation pursuant to this subparagraph (iii), the Chief Administrator shall provide a written explanation of its reasons to the Deputy Inspector General for Public Safety.
Nothing in this chapter shall preclude the Chief Administrator from referring a complaint or information concerning a member of the Police Department to the Office of the Inspector General, or to appropriate federal, state or local law enforcement authorities. Nor shall anything in this chapter preclude the Office from conducting an investigation within its jurisdiction concurrently with an active criminal investigation.
(Added Coun. J. 10-5-16, p. 34471, § 3; Amend Coun. J. 11-7-18, p. 88803, § 3; Amend Coun. J. 7-21-21, p. 33219, § 3; Amend Coun. J. 2-23-22, p. 45083, § 2; Amend Coun. J. 7-19-23, p. 1768, § 2)
The Office may administer oaths and secure by subpoena both the attendance and testimony of witnesses and the production of relevant information. A subpoena shall be served in the same manner as subpoenas issued under the Rules of the Illinois Supreme Court to compel appearance of a deponent, and subject to the same witness and mileage fees fixed by law for such subpoenas.
A subpoena issued under this chapter shall identify the person to whom it is directed and the documents or other items sought thereby, if any, and the date, time and place for the appearance of the witness and production of the documents or other items described in the subpoena. In no event shall the date for examination or production be less than seven days after service of the subpoena.
(Added Coun. J. 10-5-16, p. 34471, § 3)
Loading...