(a) Composition and term. The Commission shall be composed of seven commissioners. The Commission shall appoint a Commission President and Vice-President from among its members, who each may serve one or more two-year terms in that capacity. The first full slate of seven Commissioners selected in 2023 shall be assigned a number between one and seven in a random drawing conducted by the Executive Director, which number shall correspond to the following initial terms:
Commissioner 1 – 2 years
Commissioner 2 – 2 years
Commissioner 3 – 2 years
Commissioner 4 – 4 years
Commissioner 5 – 4 years
Commissioner 6 – 4 years
Commissioner 7 – 4 years
Commissioner 2 – 2 years
Commissioner 3 – 2 years
Commissioner 4 – 4 years
Commissioner 5 – 4 years
Commissioner 6 – 4 years
Commissioner 7 – 4 years
Thereafter, Commissioners shall serve four-year terms, and no Commissioner shall serve more than 12 years in their lifetime. A Commissioner shall continue to serve until a successor is appointed and qualified.
(b) Qualifications. A candidate for Commissioner shall:
(1) be a resident of the City, and have resided in the City for at least the five years immediately preceding appointment;
(2) have at least five years' combined experience in one or more of the following fields: law, public policy, social work, psychology, mental health, public safety, community organizing, civil rights, or advocacy on behalf of marginalized communities;
(3) have adequately disclosed any personal, professional, or financial conflict of interest that could reasonably be thought to bear upon the person's performance as a Commissioner;
(4) have a reputation for integrity, professionalism, and sound judgment;
(5) have a history of leadership and community involvement;
(6) have a demonstrated ability to engage effectively with all who have a stake in policing, including, but not limited to, marginalized communities, police officers, and public officials;
(7) have a demonstrated ability to work in groups in a collaborative manner that reflects sound judgment, independence, fairness, and objectivity;
(8) have not been an employee of the Department, COPA, or the Police Board in any of the five years immediately preceding their appointment; and
(9) not be a member of the Nominating Committee.
At least two Commissioners shall each have at least ten years of experience as a practicing attorney, with significant experience in civil rights, civil liberties, or criminal defense or prosecution. At least one Commissioner shall have at least ten years of experience in community organizing that involves a formal affiliation with one or more community-based organizations. Two Commissioners shall be exempt from the requirements of subsection (b)(2) of this section, and shall be between the ages of 18 and 24 years old (regular Commission) or the ages of 18 and 26 years old (interim Commission) at the time of appointment.
(c) Appointment. Except as provided in subsection (d) of this section, addressing an interim Commission, Commissioners shall be appointed by the Mayor from among candidates nominated by the Nominating Committee. At least two of the seven Commissioners shall reside on the North Side of Chicago and have resided on the North Side of Chicago for at least 365 days immediately preceding their appointment; at least two Commissioners shall reside on the South Side of Chicago and have resided on the South Side of Chicago for at least 365 days immediately preceding their appointment; and at least two Commissioners shall reside on the West Side of Chicago and have resided on the West Side of Chicago for at least 365 days immediately preceding their appointment. Each appointment shall be subject to City Council approval.
(1) At least 90 days before the expiration of a Commissioner's term, and any time there is a vacancy on the Commission, the Nominating Committee shall make publicly available a Request for Application for Commissioner ("Request"). The Request shall include a form for applying to be a candidate for Commissioner and state the:
(A) process for selecting a Commissioner;
(B) description of specific duties and responsibilities of a Commissioner;
(C) qualifications for becoming a Commissioner; and
(D) timeline for Commissioner selection.
An application shall be made in writing, shall state how the applicant meets the qualifications established in this Chapter, shall contain at least three letters of support from people familiar with the applicant's qualifications, and shall include any additional information that the Nominating Committee deems appropriate for consideration.
Applicants may include with their application a written statement describing their experience with policing and the criminal legal system that may have had an impact on their life and on their interest in serving on the Commission. The Nominating Committee may consider this experience when selecting candidates.
(2) The Nominating Committee shall receive applications for 30 days after issuing the Request. After reviewing all applications received, the Nominating Committee shall select as finalists no fewer than four qualified candidates for each existing vacancy or expiring term on the Commission, or shall submit all qualified candidates if the Nominating Committee determines that fewer than four candidates are qualified. The Nominating Committee shall conduct interviews of all finalists.
(3) Within 60 days after issuing the Request, the Nominating Committee shall meet to select at least two applicants for each vacancy or expiring term for consideration by the Mayor for appointment to the Commission. Each applicant must receive at least 15 votes from the Nominating Committee in order to be nominated. The two applicants receiving the most votes will be selected as nominees. The Nominating Committee shall promptly transmit the list of nominees and each nominee's application materials to the Mayor.
(4) Within 30 days after receiving the list of nominees, the Mayor shall either appoint a candidate from the list to the Commission, or provide the Nominating Committee with a written explanation as to why the Mayor declined to appoint a candidate. The Nominating Committee shall make this written explanation publicly available on the Commission's website within three business days after receipt, and shall then, within 30 days after the Mayor's declination, submit to the Mayor a new list of two nominees for each vacancy or expiring term. This new list of nominees shall not include a candidate from any prior list submitted to the Mayor to fill the current existing vacancy or expiring term. Within 30 days after receiving the new list of candidates, the Mayor shall either appoint a candidate, or decline to appoint a candidate, as described in this section. This process shall continue until the Mayor appoints a candidate for consideration by the City Council Committee on Police and Fire, or its successor committee, and subsequent City Council approval. If the City Council rejects the Mayor's appointed candidate, within 30 days thereafter the Mayor shall either appoint a different candidate from the most recent list submitted by the Nominating Committee, or request that the Nominating Committee provide two new nominees. This process shall continue until the City Council confirms a candidate appointed by the Mayor.
(d) An interim Commission shall be established to carry out the powers and duties outlined in Section 2-80-050 until the regular Commission is appointed following the first District Council elections. The interim Commission shall be composed of seven commissioners. The Chicago City Council Committee on Committees and Rules shall nominate 14 people for consideration by the Mayor for appointment to the interim Commission. All nominees must meet the qualifications outlined in 2-80-040(b). At least four of the nominees shall reside on the North Side of Chicago and have resided on the North Side of Chicago for at least 365 days immediately preceding their nomination; at least four nominees shall reside on the South Side of Chicago and have resided on the South Side of Chicago for at least 365 days immediately preceding their nomination; and at least four nominees shall reside on the West Side of Chicago and have resided on the West Side of Chicago for at least 365 days immediately preceding their nomination. By December 1, 2021, the Committee on Committees and Rules shall by majority vote approve the list of 14 nominees and submit the list to the Mayor for consideration.
By January 1, 2022, the Mayor shall appoint seven members to the interim Commission from the list of nominees approved and submitted by the Committee on Committees and Rules. At least two of the interim Commissioners shall reside on the North Side of Chicago and have resided on the North Side of Chicago for at least 365 days immediately preceding their nomination; at least two of the interim Commissioners shall reside on the South Side of Chicago and have resided on the South Side of Chicago for at least 365 days immediately preceding their nomination; and at least two of the interim Commissioners shall reside on the West Side of Chicago and have resided on the West Side of Chicago for at least 365 days immediately preceding their nomination.
If there is a vacancy on the interim Commission, within 30 days of the creation of the vacancy, the Committee on Committees and Rules shall use the process described above to nominate two people for consideration by the Mayor. Within 30 days after the Committee on Committees and Rules submits to the Mayor a list of nominees, the Mayor shall select a person to fill the vacancy on the interim Commission.
Interim Commissioners shall serve until their successors take office following the first District Council elections. Interim Commissioners can be removed for Just Cause pursuant to Section 2-80-040(e).
(e) Removal from office. A Commissioner may only be removed for Just Cause either at the discretion of the Mayor or by the City Council, upon a majority vote of the members of the Committee on Police and Fire, or its successor committee, and then a two-thirds vote of all members of the City Council. Before directing a removal, the Mayor shall provide written notice of such intent to the Chair of the Committee on Police and Fire, or its successor committee, who, within 30 days of the date of said notice, may convene a meeting of the Committee on Police and Fire, or its successor committee, to adopt a resolution overriding the intended removal, which must be passed by a two-thirds majority vote of the City Council to be effective. The Mayor or City Council must provide written notice that describes with specificity the reason for removal to the affected Commissioner.
(f) Compensation. Each commissioner shall receive an annual stipend of $12,000.00, and the president shall receive an annual stipend of $15,000.00.
(Added Coun. J. 7-21-21, p. 33219, § 2; Amend Coun. J. 10-27-21, p. 39525, § 4; Amend Coun. J. 5-23-22, p. 47840, § 1; Amend Coun. J. 7-19-23, p. 1768, § 3)