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(a) Subject to applicable law, the Commission shall have access to information, documents, data, and records in the possession, custody, or control of the Department, COPA, the Police Board, or any other City department, agency, or entity in order to carry out the Commission's powers and duties in this chapter. Within 14 days after receiving a request, the requested agency shall either produce the requested materials, request an extension of time if warranted, which shall be reasonably granted, or respond in writing explaining with specificity why the materials will not be provided. The Commission shall publish any such written explanations on its publicly accessible website.
(b) Nothing in this section requires any City officer or employee to allow access to or disclose any information, documents, data, or records that would risk revealing or compromising confidential sources, or that would impede, risk impeding, or risk affecting the outcome of a pending criminal investigation or disciplinary proceeding, or that would risk endangering a person.
(c) If the Commission believes a request for information, documents, or records has been improperly denied, it may file a complaint with the Office of Inspector General.
(Added Coun. J. 7-21-21, p. 33219, § 2)
The Commission shall issue an annual report that includes a detailed summary of the Commission's activities during the year, as well as all policy, rule, and/or procedure changes enacted or recommended by the Commission, the relevant entity's response, and the status of implementation; all Commission requests for reviews, audits, analyses, and investigations, and the status of those reviews, audits, analyses, and investigations; and any other matters the Commission deems of public importance. The Commission shall make its annual reports publicly available by posting them on its publicly accessible website.
(Added Coun. J. 7-21-21, p. 33219, § 2)
It is the duty of the Superintendent, the Chief Administrator, and the President of the Police Board, or their respective designees, to cooperate with the Commission as the Commission carries out its powers and duties under this chapter.
(Added Coun. J. 7-21-21, p. 33219, § 2)
(a) No person shall retaliate against, punish, intimidate, discourage, threaten, or penalize any other person who serves or seeks to serve as a member of the Commission or District Councils, or participates or seeks to participate, in any capacity, in the work of the Commission or District Councils. No person shall knowingly interfere with or obstruct the Commission as the Commission carries out its powers and duties under this chapter.
(b) The Inspector General shall review all complaints alleging violations of this section pursuant to that Office's processes set forth in the Code.
(c) Any person who willfully violates this section shall be subject to a fine of not less than $1,000.00 and not more than $5,000.00 for each such offense, or imprisonment for a period of not less than 30 days and not more than six months, or both a fine and imprisonment. Each day that a violation continues shall constitute a separate and distinct offense. Actions seeking the imposition of a fine only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure. Actions seeking incarceration, or incarceration and a fine, shall be filed and prosecuted as misdemeanor actions under the procedure set forth in Section 1-2-1.1 of the Illinois Municipal Code, 65 ILCS 5/1-2-1.1.
(Added Coun. J. 7-21-21, p. 33219, § 2)
The appropriations for the Commission and District Councils, collectively, shall be determined by the City Council as part of the annual City budget process, but shall not be less than 0.22 percent of the annual appropriation of all non-grant funds for the Department contained in the annual appropriation ordinance for that fiscal year.
The City Council shall appropriate funds sufficient for the Commission and District Councils to perform their functions and duties as set forth in this section, including, at minimum: budgeting for the Executive Director, who shall administer the affairs of the Commission and District Councils, staff to oversee and support the day-to-day operations of the Commission, adequate legal and policy analysis staff, staff to analyze trends and patterns related to COPA's investigative jurisdiction, staff to oversee and support the Commission's interaction with residents across Chicago, staff to oversee the day-to-day operations of and to provide direct support to each of the District Councils, and staff to ensure that youth actively participate in District Council activities. The City Council shall appropriate funds sufficient to provide for such administrative and support staff as may be necessary for the efficient operation of the Commission and District Councils.
No later than November 1, 2021, and subject to the availability of duly appropriated funds, the Commission shall be staffed by adequate numbers of personnel to competently and thoroughly carry out its duties.
(Added Coun. J. 7-21-21, p. 33219, § 2; Amend Coun. J. 10-27-21, p. 39525, § 5)
Within three years after the implementation of the regular Commission, the Public Safety Inspector General shall commence a formal review of key aspects of the operations of the Commission. The findings of the review shall be published in a report in accordance with the Inspector General's rules and mandates.
(Added Coun. J. 7-21-21, p. 33219, § 2)
Nothing in this chapter shall be construed to diminish the rights of City of Chicago employees to bargain collectively with the City, or diminish their rights as specified in their operative collective bargaining agreements; and nothing herein shall prohibit or in any way limit the City of Chicago's rights to engage in collective bargaining.
(Added Coun. J. 7-21-21, p. 33219, § 2)
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