2-78-120 Office and Chief Administrator – Powers and duties.

   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)

2-78-125 Subpoenas.

   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)

2-78-130 Decisions, recommendations.

   (a)   Disciplinary-related recommendations.

      (i)   If the Chief Administrator issues a recommendation of discipline, or other, nondisciplinary remedial action with regard to one or more members of the Police Department, the Superintendent shall respond to such recommendation within 60 days (for purposes of this section, the "Review Period"). The Superintendent’s response shall include either: (1) a confirmation that the recommendation was followed with respect to the employee in question, and, if applicable, a description of any additional disciplinary or other action imposed by the Superintendent; (2) a request that the Chief Administrator conduct additional investigation, specifying the additional investigation that is requested, and the reason(s) for that request; or (3) if the Superintendent intends to take no action, or intends to take action that differs in substance and/or scope from the recommendation, the information required under subsection (a)(ii) of this section. Upon request of the Superintendent, such Review Period may be extended for up to 30 additional days, for a total Review Period not to exceed 90 days.

      (ii)   If the Superintendent intends to take no action, or intends to take action different from that recommended by the Chief Administrator, the Superintendent shall describe the proposed different action and explain the reasons for it in a written response.

      The Superintendent's response shall be submitted to the Chief Administrator within the Review Period.

      (iii)   Within ten business days after the submission of a response that proposes no action or different action than that recommended by the Chief Administrator, the Superintendent and the Chief Administrator shall meet to discuss the Superintendent's response. If, after meeting, the Chief Administrator and the Superintendent do not agree to the Chief Administrator's recommendation, the Chief Administrator shall, within five business days of such impasse, send the Superintendent's response, along with the Chief Administrator's written objections to the response, to a member of the Police Board selected by the Police Board from its membership, with notice and a copy of all such materials to the Superintendent. The selected member shall, within ten business days of receipt of such response and objections, review the Chief Administrator's recommendation, the Superintendent's response, and the Chief Administrator's objections. Upon request of the member, the Superintendent and Chief Administrator may be required to present additional documentation or arguments in support of their positions. If, in the opinion of the member, the Superintendent does not meet his burden of overcoming the Chief Administrator's recommendation for discipline, the recommendation shall be deemed accepted by the Superintendent. The final decision of the member shall be announced at the next regular public meeting of the Police Board, and shall be promptly posted on the Police Board's website. If, in the opinion of the member, the Superintendent has met his burden, the Superintendent's response shall be implemented. The member shall recuse himself from any future involvement with the case by the full Police Board.

      (iv)   A response of the Superintendent that proposes to take no action or action different from that recommended by the Chief Administrator shall not be valid or effective until the process of subsection (a)(iii) of this section is completed.

      (v)   If the Superintendent does not respond to the Chief Administrator's recommendation within the Review Period, such recommendation shall be deemed accepted, and shall be implemented, by the Superintendent.

      (vi)   Nothing in this chapter shall limit the Superintendent's ability to impose additional action to that recommended by the Chief Administrator, including discipline that is more severe than that recommended by the Chief Administrator or non-disciplinary remedial actions in addition to the discipline recommended by the Chief Administrator.

   (b)   Policy, program, and practices recommendations. If the Chief Administrator issues a recommendation or report to the Superintendent concerning a policy, program, or practice of the Police Department, the Superintendent shall respond to such recommendation or report within 60 days of receipt. Such response shall include a description of the actions the Superintendent has taken or is planning to take, if any, with respect to the issues raised in the report or recommendation. If the Superintendent declines to implement one or more of the Chief Administrator's recommendations, such response shall explain the reasons for doing so. In addition, at the request of at least three aldermen, the Chair of the City Council Committee on Police and Fire, or its successor committee, shall request that the Superintendent or their designee appear at a hearing of the Committee on Police and Fire, or its successor committee, to explain and respond to questions concerning such response.

(Added Coun. J. 10-5-16, p. 34471, § 3; Amend Coun. J. 7-19-23, p. 1768, § 2)

2-78-135 Investigations not concluded within six months.

   If the Office does not conclude an investigation of alleged misconduct within six months after its initiation, the Chief Administrator shall notify, within five days after the end of the six-month period, the Mayor or their designee, the Superintendent, the Chair of the City Council Committee on Police and Fire, or its successor committee, the complainant, and the employee named in the complaint, or their counsel, of the general nature of the complaint or information giving rise to the investigation and the reasons for the Office's failure to complete the investigation within six months. Thereafter, the Office shall provide an update to such notice, including the same information and notification to the same individuals, every six months until the investigation is completed.

(Added Coun. J. 10-5-16, p. 34471, § 3; Amend Coun. J. 7-19-23, p. 1768, § 2)

2-78-140 Cooperation in investigations.

   It shall be the duty of every officer, employee, department, and agency of the City to cooperate with the Office in any investigation undertaken pursuant to this chapter. Any employee or appointed officer of the City who violates any provision of this chapter shall be subject to discipline, including but not limited to discharge, in addition to any other penalty provided in this chapter.

(Added Coun. J. 10-5-16, p. 34471, § 3)