2-80-050 Commission – Powers and duties.

   The Commission shall have the following powers and duties:

   (a)   Respond to public safety-related community needs and concerns through means including, but not limited to, the following:

      (1)   Engaging in community outreach to obtain the perspectives of community members and Department employees on police-community relations, Department policies and practices, and the police accountability system;

      (2)   Maintaining connections with representatives of disenfranchised communities and with other community groups throughout the City; and

      (3)   Providing the Department, Police Board, COPA, and Public Safety Inspector General with community feedback relevant to their operations received as a result of the Commission's public outreach activities;

   (b)   Oversee the District Councils and delegate powers and duties to the District Councils at its discretion and consistent with applicable law;

   (c)   Publish reports as required by this Chapter, and report to the public about matters related to policing that concern all Chicago communities;

   (d)   Have access to information, documents, data, and records in order to carry out the Commission's powers and duties, as provided in Section 2-80-120;

   (e)   Assess performance of and set goals for the Superintendent, Chief Administrator, and Police Board President;

   (f)   Recommend to the Public Safety Inspector General to conduct research or audits on specific topics or issues, including emergent issues that, in the Commission's judgment, are needed to support public confidence in the Department and related criminal justice practices. If the Commission issues such a recommendation in writing, the Public Safety Inspector General shall respond in writing within ten business days;

   (g)   Review and provide input to the Chief Administrator, Public Safety Inspector General, Superintendent, Police Board, and other City departments and offices, including the Mayor, City Council Committee on Police and Fire, or its successor committee, and Corporation Counsel on the police accountability system, police services, and Department policies and practices of significance to the public;

   (h)   Collaborate with the Department, COPA, and the Police Board in the development of new or amended Policy, as provided in Section 2-80-110;

   (i)   Draft, review, and approve by majority vote any proposed new or amended Policy, as provided in Section 2-80-110;

   (j)   By majority vote and subject to applicable law and reasonable scheduling accommodation, require the attendance of the Superintendent, the Public Safety Inspector General, the Chief Administrator, and the President of the Police Board, or their designees, at any regular or special meeting of the Commission in order to provide updates on matters as requested by the Commission, and to answer questions from the Commission and hear public comments;

   (k)   In the event of a vacancy, interview, assess the qualifications of, and recommend to the Mayor candidates having appropriate qualifications for the positions of Superintendent and Police Board member, as provided in Section 2-80-080;

   (l)   Introduce and by two-thirds majority vote adopt a resolution of no confidence in the Superintendent or a Police Board member, as provided in Section 2-80-090;

   (m)   Appoint the Chief Administrator with the advice and consent of the City Council, as provided in Section 2-80-080;

   (n)   Remove the Chief Administrator, as provided in Section 2-80-090;

   (o)   Before a City Council vote on the annual budget, review and, if warranted, recommend changes to the proposed Department budget appropriation;

   (p)   Identify and recommend to the City Council ways to increase effectiveness and efficiency in the use of public safety resources;

   (q)   Identify and recommend to the City Council ways to ensure that Department resources are used appropriately, taking into account issues that other professionals could adequately address;

   (r)   Identify and recommend to the City Council preventative, proactive, community-based, and evidence-based solutions to violence;

   (s)   Within 60 days after Commission members take office, appoint a Noncitizen Advisory Council, which shall include Chicago residents who are not United States citizens and Chicago residents who are undocumented, and may include people who work on behalf of Chicago residents who are not United States citizens; the Noncitizen Advisory Council shall advise the Commission to ensure that the perspectives and experiences of Chicago residents who are not United States citizens are reflected and incorporated in the Commission's work;

   (t)   Collaborate with the Department regarding the CAPS program and other existing or future Department-led community policing programs;

   (u)   Create operational policies and procedures for the Commission;

   (v)   Monitor the Department’s compliance with its policies; and

   (w)   Subject to approval of the Corporation Counsel as to form and legality, engage experts to provide the Commission with the analyses necessary to develop new or amended Policy.

(Added Coun. J. 7-21-21, p. 33219, § 2; Amend Coun. J. 7-19-23, p. 1768, § 3; Amend Coun. J. 12-16-24, p. 22879, Art. II, § 4)

2-80-060 Commission – Meetings.

   (a)   The Commission shall hold regular meetings on at least a monthly basis.

   All meetings shall comply with or exceed the requirements of the Illinois Open Meetings Act, 5 ILCS 120/1, et seq. Subject to applicable law, all Commission meeting minutes, deliberations, reports, investigations, and policies and procedures shall be posted on the Commission's publicly accessible website. Notice of each meeting, along with a proposed agenda, shall be posted on the Commission's website at least seven days prior to each meeting. Audio and video recordings of each meeting will also be made available on the Commission's website.

   (b)   The Superintendent, Chief Administrator, and Police Board President may each designate a representative who may attend all Commission meetings and participate in discussions, but who shall not have voting authority.

   (c)   Upon submission to the Commission of a petition signed by at least 2,000 Chicago residents ("Qualifying Petition"), the Commission shall hold a special meeting. The Qualifying Petition shall set forth with specificity the issues or concerns that would be the subject of the special meeting, and those issues or concerns must fall within the Commission's purposes as specified in Section 2-80-030, and may propose up to ten specific topics for the Commission's consideration. The Commission may approve any or all such topics by majority vote, and shall thereupon generate questions, based on the approved submitted topics, to be directed to the Superintendent, the Public Safety Inspector General, the Chief Administrator, or the President of the Police Board, each of whom may, in their discretion, select one or more designees with subject matter knowledge to appear on their behalf. Within 14 days of receiving a Qualifying Petition, the Commission shall determine and announce whether a special meeting is required. If a special meeting is required, the meeting shall be convened within 21 days of submission of the Qualifying Petition.

(Added Coun. J. 7-21-21, p. 33219, § 2)

2-80-070 District Councils – Establishment, purpose, composition and duties.

   There is hereby established, within each District, a District Council.

   (a)   The purpose of the District Councils is to: (1) build connections between the police and the community; (2) collaborate in the development and implementation of community policing initiatives; (3) ensure regular community input for Commission efforts; (4) ensure that within each District there is a forum where District residents can raise and work to address any concerns about policing in the District, including but not limited to police interactions with youth and people of all immigration statuses; (5) ensure the independence and increase the legitimacy of the Commission by participating in the selection of its members; (6) participate in the selection of Commissioners who will fulfill the purposes listed in Section 2-80-030 of this Chapter; and (7) assist the Commission in fulfilling the purposes listed in Section 2-80-030.

   (b)   Each District Council shall be comprised of three members who are elected to serve four-year terms. No person may serve more than a total of 12 years on a District Council in their lifetime. A candidate for District Council membership shall:

      (1)   satisfy the qualifications for elected office under the Illinois Municipal Code, codified at 65 ILCS 5/3.1-10-5;

      (2)   on the day of the election, have resided in the District in which they seek to serve for at least the previous 365 days, and be registered to vote in the District they seek to serve;

      (3)   not be a member of the Commission; and

      (4)   not have been an employee of the Department, Independent Police Review Authority, COPA, or the Police Board in any of the three years immediately preceding the date on which their term begins.

   (c)   Each District Council shall be elected by residents of the District. Persons wishing to appear on the ballot, either as a candidate or a slate of candidates, for District Council shall file a statement of candidacy with the Chicago Board of Election Commissioners and submit petitions for nomination; the signature requirements for the petitions for nomination of District Council candidates shall be equal to the lesser of: (i) 250 registered voters in the District; and (ii) 0.5 percent of the total number of registered voters in the District who voted in the next preceding Presidential election, but in no event fewer than a minimum of 25 registered voters in the District. Petitions for nominations under this subsection may contain the names of two or more candidates. If a petition for nomination contains the names of two or more candidates, the signature of a registered voter on such petition shall count towards the minimum signature requirement for each candidate whose name appears on the petition.

   Beginning in 2023, and every four years thereafter, District Councils shall be elected in a nonpartisan election coinciding with the consolidated primary election held in odd-numbered years on the last Tuesday in February. The candidates in each District receiving the greatest, second greatest, and third greatest number of votes shall take office on the first Tuesday after the first Monday in May following their election.

   In all District Council elections, voters may vote for up to three candidates.

   Between the day established by law for the commencement of the circulation period for nomination petitions for District Council election and the day after the District Council election, District boundaries shall not be altered, unless necessary to address a public safety emergency, in which case the Superintendent shall publicly post the reason for the alteration.

   If a vacancy occurs on any District Council, then the Mayor shall appoint, with the advice and consent of the City Council, a new member to serve for the remainder of the unexpired term. When the Mayor is filling a District Council vacancy, the remaining member or members of the District Council shall, within 30 days of the vacancy being created, identify three people who meet the qualifications established in this Chapter and submit their names to the Commission. From among the names submitted by the District Council, the Commission shall, within 60 days of the vacancy being created, select a person to recommend to the Mayor to fill the vacancy. If all of the positions on a District Council become vacant, the Commission shall, within 60 days of the creation of each vacancy, select a person who meets the qualifications established in this Chapter to recommend to the Mayor to fill the vacancy.

   All laws in force in the City governing elections for municipal offices or applicable thereto and not inconsistent with the provisions of this section shall apply to and govern all elections held under the terms of this section.

   (d)   Each District Council member shall receive a stipend of $500 per month while serving in this role. Each stipend shall be factored into the Commission's annual budget and shall be paid on an annualized pro rata basis to each District Council member.

   (e)   Each District Council shall:

      (1)   Hold public meetings at least monthly to discuss policing issues;

      (2)   Work with the Police District Commander and community members to help develop and implement community policing initiatives;

      (3)   Delegate one or more District Council members to attend quarterly meetings with representatives from each District Council to identify trends and concerns;

      (4)   Delegate one or more District Council members to attend annual meetings with representatives from each District Council to propose priorities for the Commission;

      (5)   Work to develop and expand restorative justice and similar programs in the District;

      (6)   Encourage Department members to facilitate access to community resources;

      (7)   Assist and engage with members of the public, including gathering input from the public regarding public safety and policing in their districts;

      (8)   Report its findings, conclusions, and recommendations to the Commission as requested; and

      (9)   Exercise any other powers delegated to it by the Commission.

   (f)   District Council members may make policy recommendations to the Commission; respond to community members' questions and concerns by requesting information related to investigations from the Department or COPA, subject to applicable law and Department or COPA policy; and provide information to Department members and community groups on the work of the Commission and District Councils.

   (g)   Each District Council shall have a Chair, a member of the Nominating Committee, and a Community Engagement Coordinator. District Council members on each District Council shall determine which member shall serve as Chair, which member shall serve on the Nominating Committee, and which member shall serve as Community Engagement Coordinator. Within 30 days of members taking office, each District Council shall submit to the Commission a document identifying who has been selected to fill each of these positions. If, 30 days after taking office, members of any District Council have not filled one or more of these positions, the Commission shall assign roles by a majority vote of the Commission.

   (h)   District Councils may enlist qualified volunteers to assist them in carrying out their duties, including but not limited to serving on committees, pursuant to this section. For example, District Councils may enlist volunteers to ensure that the perspectives and experiences of district residents who are not United States citizens are reflected and incorporated in the District Council's work.

(Added Coun. J. 7-21-21, p. 33219, § 2; Amend Coun. J. 7-19-23, p. 1954, § 1; Amend Coun. J. 12-16-24, p. 22879, Art. V, § 3)

2-80-080 Superintendent, Chief Administrator and Police Board – Selection; appointment.

   (a)   Superintendent. When a vacancy occurs in the position of Superintendent, the Commission shall hold at least four public hearings at which members of the public may provide recommendations to inform the Commission's selection of Superintendent candidates. At least one public hearing shall be held on the North Side of Chicago, the South Side of Chicago, and the West Side of Chicago.

   To solicit candidates to fill the Superintendent vacancy, the Commission shall conduct a nationwide search, and may engage a nationally recognized organization with expertise in executive searches to perform a nationwide search, including recruiting candidates, thoroughly reviewing applications, conducting background checks, and conducting in-depth interviews of the best-qualified candidates. Qualified candidates will, at a minimum, demonstrate experience in leading proactive public-safety initiatives, advances in training and accountability, and increasing trust between police officers and the communities they serve.

   Within 120 days after a vacancy occurs in the position of Superintendent, the Commission shall submit three candidates for the position to the Mayor. Within 30 days thereafter, the Mayor shall either select one of these candidates, or reject the candidates and provide the Commission with a written explanation, which the Commission shall make publicly available no later than three business days after receipt. Within 30 days after this rejection, the Commission shall submit to the Mayor three new candidates, which shall not include any previous candidate. Within 30 days thereafter, the Mayor shall either select a candidate or reject the candidates and provide the Commission with a written explanation, which the Commission shall make publicly available no later than three business days after receipt. This process shall continue until the Mayor appoints and submits for City Council approval a candidate.

   After the Mayor has appointed and submitted to the City Council a candidate for Superintendent, but before the City Council Committee on Police and Fire, or its successor committee, has held a hearing on the appointment, the Commission shall hold a public hearing at which the candidate shall appear and answer questions from the Commission and from members of the public. At the hearing, the Commission shall also provide time for public comment on the candidate. Before the public hearing, the Commission shall provide on its website an opportunity for members of the public to register questions for and comments about the candidate, and shall make publicly available a written explanation of why the Commission nominated this candidate.

   After the City Council has approved the appointment of the Superintendent, the Commission shall hold at least four public hearings at which the Superintendent may speak and members of the public may share comments and questions, and provide recommendations to inform the Commission's work with the Superintendent. At least one public hearing shall be held on the North Side of Chicago, the South Side of Chicago, and the West Side of Chicago.

   (b)   Chief Administrator. The Chief Administrator shall be appointed by the Commission subject to City Council approval. When a vacancy occurs or is anticipated in the position of Chief Administrator, the Commission shall engage a nationally recognized organization with expertise in government oversight to perform a nationwide search and identify at least ten candidates. The Commission shall select a Chief Administrator from among the candidates identified in this process. Such candidates shall fulfill the qualifications in Section 2-78-115. The Commission shall select the candidate it deems most qualified and publish its selection on its website. The Mayor shall have the opportunity to provide written input on the Commission's selection before its referral to the City Council Committee on Police and Fire, or its successor committee. The Commission's selected candidate shall be referred to the City Council Committee on Police and Fire, or its successor committee, for a hearing, and shall then be subject to City Council approval. If the City Council rejects the Commission's selected candidate, within 30 days thereafter the Commission shall select a new candidate.

   (c)   Police Board. When a vacancy occurs on the Police Board, the Commission shall, within 60 days, identify candidates eligible to fill the vacancy. Such candidates shall have the qualifications listed in Section 2-80-040(b)(1) through (b)(7) and (b)(9), and shall adhere to the Police Board Selection Criteria promulgated pursuant to paragraph 532 of the Consent Decree. For each Police Board vacancy, the Commission shall submit to the Mayor three candidates it deems most qualified, except that, for an anticipated vacancy due to the expiration of a term, the Commission may submit only one eligible candidate for reappointment. Within 30 days thereafter, the Mayor shall select a candidate, or reject the candidates or reappointment candidate, and provide the Commission with a written explanation, which the Commission shall make publicly available no later than three business days after receipt. Within 30 days after this rejection, the Commission shall submit three new candidates to the Mayor, which shall not include any previous candidate. Within 30 days thereafter, the Mayor shall either select a candidate or reject the candidates and provide the Commission with a written explanation, which the Commission shall make publicly available no later than three business days after receipt. This process shall continue until the Mayor selects a candidate.

   (d)   The Mayor's selection of a candidate in subsections (a) or (c), shall be referred to the City Council Committee on Police and Fire, or its successor committee, for a hearing, and shall then be subject to City Council approval. If the City Council rejects the Mayor's selected candidate, within 30 days thereafter the Mayor shall either select a different candidate from the most recent list submitted by the Commission, or request that the Commission provide three new candidates.

(Added Coun. J. 7-21-21, p. 33219, § 2; Amend Coun. J. 11-7-22, p. 54948, Art. I, § 7; Amend Coun. J. 7-19-23, p. 1768, § 3; Amend Coun. J. 12-16-24, p. 22879, Art. II, § 5)

2-80-090 Superintendent, Police Board and Chief Administrator – Vote of no confidence; removal.

   (a)   The Commission may adopt by a two-thirds vote a resolution of no confidence in the fitness of the Superintendent, a Police Board member, or the Chief Administrator to hold their position. Such resolution may only be considered for Just Cause. Upon passage by a two-thirds vote of a motion to take a no confidence vote, the Commission shall provide written notice to the affected party of its intent to adopt such resolution, including a detailed explanation of the deficiencies that are the basis of the "for Just Cause" determination. Within 30 days of receiving this written notice, the affected party may respond in writing. Upon receipt of the affected party's response, or 30 days after delivery of written notice, whichever comes first, the Commission may vote on a resolution of no confidence.

   If the Commission adopts a resolution of no confidence in the Superintendent, a Police Board member, or the Chief Administrator, the City Council Committee on Police and Fire, or its successor committee, shall hold a hearing within 14 days at which it shall consider and vote on whether to recommend that the affected party be removed for Just Cause. If the affected party requests to appear at the hearing, they shall be given an opportunity to speak and to respond to questions from Committee members. If a majority of the members of the Committee on Police and Fire, or its successor committee, votes in the affirmative to recommend that the affected party be removed, then the City Council shall consider and vote on whether to recommend that the affected party be removed or, in the case of the Chief Administrator, whether to remove. The City Council shall meet for this purpose either within 30 days of the Commission's vote of no confidence, or at the next regular meeting of the City Council.

   (b)   If a two-thirds majority of all members of the City Council vote in the affirmative to recommend that the Superintendent or a Police Board member be removed, the Mayor shall respond in writing to the City Council within 14 days after adoption of the resolution, explaining the actions that the Mayor will take in response.

   If a two-thirds majority of all members of the City Council vote in the affirmative to remove the Chief Administrator, the Chief Administrator shall be removed pursuant to a schedule that will permit an orderly transition in that office.

(Added Coun. J. 7-21-21, p. 33219, § 2; Amend Coun. J. 7-19-23, p. 1768, § 3)

2-80-100 Superintendent, Chief Administrator and Police Board President – Performance reviews.

   Every year, the Commission shall establish goals and expectations for the Superintendent, Chief Administrator, and Police Board President, which the Commission shall make publicly available. By December 1st of each year, the Superintendent, Chief Administrator, and Police Board President shall each provide the Commission with a written self-evaluation that describes progress towards meeting that year's goals and expectations, and proposes goals and expectations for the next year. By December 31st of each year, the Commission shall provide the Superintendent, Chief Administrator, and Police Board President with preliminary written evaluations that include the Commission's assessment of the Superintendent's, Chief Administrator's, and Police Board President's performance in meeting the previous year's goals and expectations, and sets out goals and expectations for that calendar year. If the Superintendent, Chief Administrator, or Police Board President believe that changes to the written evaluation or the goals and expectations are warranted, within 15 days of receiving the evaluation they may request in writing that the Commission make such changes. By January 31st of each year, the Commission shall complete a final performance review of the Superintendent, Chief Administrator, and Police Board President covering the previous calendar year, and establish goals and expectations for the Superintendent, Chief Administrator, and Police Board President for the then-current calendar year.

(Added Coun. J. 7-21-21, p. 33219, § 2)

2-80-110 Department, COPA and Police Board policymaking.

   (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)