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)

2-78-145 Reports open to public inspection.

   All Final Summary Reports of the Office shall be posted on the Office's website and open to public inspection, except to the extent that information contained therein has been redacted because it is exempted from disclosure by the Illinois Freedom of Information Act or any other applicable law. Such reports, as redacted, shall be posted on the Office's website and open to public inspection, along with the response of the Superintendent thereto, if any, promptly after, but not before, the process set forth in Section 2-78-130(a) is completed and disciplinary charges, if any, are served on the employees in question. The Office also shall provide a copy of the report to the complainant, if there is one.

   Reports of the Office concerning its recommendations as to a Police Department policy, practice, or process, or training pursuant to Section 2-78-120(m) or (n) shall be posted on the Office's website and open to public inspection, except to the extent that information contained therein has been redacted because it is exempted from disclosure by the Illinois Freedom of Information Act or any other applicable law. Such reports, as redacted, shall be posted on the Office's website and open to public inspection, along with the Police Department's response thereto, promptly after, but not before, the process set forth in Section 2-78-130(b) is completed.

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