(a) Any new or amended Policy shall become effective only after Commission approval, by majority vote, except as set forth in subsections (c)(3), or (d), and pursuant to subsection (c)(7).
(b) A new or amended Policy may be initiated by the Department, COPA, the Police Board, or the Commission.
(1) The Commission may initiate a Policy either by drafting a Policy itself or by making a written request to the Department, COPA, or the Police Board to draft such Policy.
(2) If the Commission requests that the Department, COPA, or the Police Board draft a Policy:
(A) The Department, COPA, or the Police Board shall accept or decline the request in writing within 14 days of receipt, and, if declining, provide the Commission with a written explanation.
(B) If the request is accepted, the Department, COPA, or the Police Board shall provide a draft of the Policy to the Commission within 60 calendar days, which time the Commission may extend at its discretion.
(C) If the Department, COPA, or the Police Board does not respond, declines the request, or accepts the request but fails to draft a Policy within 60 calendar days or any extension thereto, the Commission may take its request to the Mayor who shall review the parties' positions and either direct the Superintendent, Chief Administrator, or Police Board President to take appropriate action, or explain in writing why the Mayor has concluded that no action is warranted.
(c) The initiating party shall submit the proposed new or amended Policy to the Commission, and to the Department, COPA, or Police Board, as appropriate, for review.
(1) The Commission and the Department, COPA, or Police Board shall have 60 days after submission to provide written comments or suggestions to the submitting party on how to improve the Policy.
(2) If, during the 60-day period for submitting written comments or suggestions, both the Commission and the party that either initiated the Policy or is subject to the Policy indicate in writing that they are in agreement about the Policy, then the Commission may place the Policy on its agenda for consideration at its next regularly scheduled meeting and may vote on the Policy at that meeting.
(3) If, after 60 days of a proposed new or amended Policy's submission, the Commission has not voted on the Policy, and if the receiving party has not provided any written comments or suggestions on the Policy, then the Department, COPA, or the Police Board may place the Policy into effect.
(4) If, during the 60-day period for submitting written comments or suggestions, there are written comments or suggestions, within 14 days of receipt, the receiving party shall provide a written response indicating whether the comments or suggestions will be incorporated into the new or amended Policy, or explaining why the comments or suggestions will not be incorporated.
(A) If there are written comments or suggestions, in the event that the response and subsequent actions address the comments or suggestions to the satisfaction of the parties, the Commission may place the new or amended Policy on its agenda for consideration at a regular meeting.
(B) If concerns remain following the receiving party's written response, the parties shall work collaboratively and in good faith for 30 days to reach an agreement on the Policy. If, after 30 days, the parties are unable to reach an agreement, the Commission may place the policy on its agenda for consideration at a regular meeting.
(5) If, pursuant to subsection (b), the Department, COPA, or Police Board initiates a Policy, and the Commission completes the process described in subsection (c)(1), (c)(2), (c)(3), or (c)(4), but has not taken a vote on the Policy within 60 days of completing the process, then the Superintendent, Chief Administrator, or Police Board President, as appropriate, may request that the Commission vote on the Policy. If the Commission receives such a request, it shall place the Policy on its agenda for consideration at its next regularly scheduled meeting and shall vote on the Policy at that meeting.
(6) The Commission will use national best practice methods to engage impacted communities in Policy development, including consultation with subject matter experts. Prior to the adoption of any Policy except Policies created under subsection (d), all proposed changes to Policies shall be published on the Commission's website for at least 30 days prior to adoption, along with an explanation and summary in plain terms of the proposed changes. The Commission's website shall provide the general public with the means to submit comments on the Policy, including choosing whether they "support" or "oppose" the Policy. The website shall also allow the public to submit questions. The Commission may answer questions and post the responses on the page containing the proposed Policy changes. Upon the written request of four Commissioners, a public hearing shall be held on the proposed Policies, which shall include public comments. Such a hearing must be announced at the same time or after the proposed Policy has been posted on the website and at least seven (7) days in advance of the hearing.
(7) A new or amended Policy shall go into effect 60 days after approval by a majority vote of Commissioners, unless the Mayor issues a written determination rejecting the Policy within that 60-day period. Such written determination shall explain with specificity the reason for rejection. The Mayor's determination shall be final unless, within 60 days of the determination's issuance, the City Council, by the affirmative vote of two-thirds of all aldermen then holding office, approves the Policy notwithstanding the Mayor's determination. The Policy shall become effective 30 days after such affirmative vote.
(8) The Commission shall post on its publicly accessible website any new or amended Policy; Commission request; Department, COPA, or Police Board response; written comments or suggestions; responses to written comments or suggestions; and Mayor's determination.
(d) If circumstances demand the immediate creation of, or change to, a Policy, the Department, COPA, or Police Board may, upon written notice to the Commission, issue a temporary Policy that will be in effect for up to 60 days or until the Policy receives final consideration from the Commission as set forth in subsection (c) of this section.
(e) Any new or amended Policy developed pursuant to this section shall provide the Department with sufficient time to train its members to implement and comply with that new or amended Policy prior to its becoming effective.
(f) Nothing in this section shall be construed to prohibit the Superintendent, Chief Administrator, and Police Board from, in their discretion, holding public meetings and hearings on proposed policy changes before making a proposal to the Commission.
(Added Coun. J. 7-21-21, p. 33219, § 2)