The Police Board shall exercise the following powers:
1. To adopt rules and regulations for the governance of the Police Department of the City;
2. To serve as a board to hear disciplinary actions for which a suspension for more than the 30 days expressly reserved to the superintendent is recommended, or for removal or discharge involving officers and employees of the Department of Police in the classified civil service of the City;
3. To serve as a board to consider appeals, pursuant to Section 2-84-035, by applicants for a probationary police officer position who have been removed from the Department of Police's eligibility list due to the results of a background investigation; and
4. To serve as a board to consider appeals, pursuant to the rules promulgated by the Police Board, by individuals seeking removal of status identification from a criminal enterprise information system maintained by the Department of Police or successor program.
The board may appoint any member thereof or a hearing officer to hear disciplinary actions.
No officer or employee of the police department in the classified civil service of the city whose appointment has become complete may be removed or discharged, or suspended for more than 30 days except for cause upon written charges and after an opportunity to be heard in his own defense by the police board, or any member or hearing officer designated by it.
Before any such officer or employee may be interrogated or examined by or before the police board, or any member or hearing officer designated by it, or departmental agent or investigator, the results of which hearing, interrogation or examination may be the basis for filing charges seeking his removal or discharge, he must be advised in writing as to what specific improper or illegal act he is alleged to have committed; he must be advised in writing that his admissions made in the course of the hearing, interrogation or examination may be used as the basis for charges seeking his removal or discharge; and he must be advised in writing that he has the right to counsel of his own choosing present to advise him at any hearing, interrogation or examination; and a complete record of any hearing, interrogation or examination shall be made and a complete transcript thereof made available to such officer or employee without charge and without delay.
Upon the filing of charges for which removal or discharge or suspension of more than 30 days is recommended, a hearing before the police board, or any member or hearing officer designated by it shall be held.
The police board shall establish rules of procedure not inconsistent with this section respecting notice of charges and the conduct of the hearings before the police board, or any member or hearing officer designated by it. The police board, or any member or hearing officer designated by it, is not bound by formal or technical rules of evidence, but hearsay evidence is inadmissible. The person against whom charges have been filed may appear before the police board, or any member or hearing officer designated by it, with counsel of his own choice and defend himself; shall have the right to be confronted by his accusers; may cross-examine any witness giving evidence against him; and may by counsel present witnesses and evidence in his own behalf.
The police board, or any member or hearing officer designated by it, may administer oaths and secure by its subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. All proceedings before the police board, or any member or hearing officer designated by it, shall be recorded. No continuance may be granted after a hearing has begun unless all parties to the hearing agree thereto. The findings and decision of the police board, including an explanation of those findings and decision, when approved by said board, shall be certified to the superintendent and shall forthwith be enforced by said superintendent. Such findings and decision, including an explanation of the reasons for such findings and decision, shall be posted by the secretary on the police board website within ten business days of the date of certification of such findings and decision to the superintendent, and shall remain posted on such website for at least two years. If any member of the police board dissents from the board's findings and decision, such member shall state the reasons for his or her dissent. Such dissents shall be posted by the secretary on the police board website within ten business days of the date of certification of the board's findings and decision to the superintendent, and shall remain posted on such website for at least two years.
In the designation of hearing officers, the police board shall select only attorneys licensed to practice in the State of Illinois, with a minimum of five years' experience. Hearing officers shall conduct disciplinary hearings in accordance with the provisions of this chapter and the rules of procedures established by the police board. The hearing officer may take judicial notice, rule on offers of proof, receive relevant evidence during the hearing and certify the record and make findings of fact, conclusions of law and recommendations to the police board following the hearing.
A majority of the members of the police board must concur in the entry of any disciplinary recommendation or action. In the event that three members of the board must recuse themselves pursuant to the provisions of Section 2-78-130, a majority of the remaining members of the police board must concur in the entry of the disciplinary recommendation or action.
No member of the board may participate in any disciplinary recommendation or action without having read the record upon which said recommendation or action is based.
Nothing in this section limits the power of the superintendent to suspend a subordinate for a reasonable period, not exceeding 30 days.
The Board's power to adopt rules and regulations for the governance of the Police Department does not include authority to administer or direct the operations of the Police Department or the Superintendent of Police, except as provided in Section 12.1 of "An Act to regulate the civil service of cities" approved March 20, 1895, as amended. The Board in its discretion shall have the authority to make recommendations to the Superintendent of Police and to the Chair of the City Council Committee on Police and Fire, or its successor committee, concerning revisions in policy and operating procedures to increase the efficiency of the Police Department. Such recommendations shall be posted on the Police Board website within two business days of the date on which such recommendation is made to the Superintendent and shall remain posted on such website for a period of at least two years.
(Prior code § 11-3; Amend Coun. J. 7-19-07, p. 3588, § 2; Amend Coun. J. 9-8-11, p. 7259, § 2; Amend Coun. J. 4-13-16, p. 22636, §§ 1 – 3; Amend Coun. J. 11-21-17, p. 61913, § 2; Amend Coun. J. 11-26-19, p. 11390, Art. VII, § 1; Amend Coun. J. 7-21-21, p. 33219, § 4; Amend Coun. J. 11-17-21, p. 42032, § 1; Amend Coun. J. 7-19-23, p. 1768, § 4)