CHAPTER 2-80
COMMUNITY COMMISSION FOR PUBLIC SAFETY AND ACCOUNTABILITY*

* Editor's note – Coun. J. 11-16-11, p. 13798, Art. I, § 2, repealed former Ch. 2-80, which pertained to the department of revenue.

2-80-010   Definitions.

2-80-020   Community Commission for Public Safety and Accountability – Establishment.

2-80-030   Commission – Purpose.

2-80-040   Commission – Composition and qualifications.

2-80-050   Commission – Powers and duties.

2-80-060   Commission – Meetings.

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

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

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

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

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

2-80-120   Access to records.

2-80-130   Reports.

2-80-140   Duty of cooperation.

2-80-150   Retaliation, obstruction or interference prohibited – Penalty.

2-80-160   Budget and staffing.

2-80-170   Review.

2-80-180   Collective bargaining rights.

2-80-190   Consent decree – Update and public input.

2-80-010 Definitions.

   The following terms whenever used in this Chapter shall have the following meanings unless a different meaning appears from the context:

   "Chief Administrator" means the Chief Administrator of COPA.

   "Commission" means the Community Commission for Public Safety and Accountability established in this Chapter.

   "Consent Decree" means the Consent Decree entered into between the State of Illinois and the City of Chicago on January 31, 2019 (17-cv-6260), as amended or supplemented from time to time by order of the U.S. District Court.

   "COPA" means the Civilian Office of Police Accountability established in Chapter 2-78.

   "Department" means the Department of Police established in Chapter 2-84.

   "District" means one of the 22 Department districts.

   "Inspector General" means the Office of Inspector General established in Chapter 2-56.

   "Just Cause" means any egregious act or omission, including but not limited to gross misconduct or criminal conduct, which impairs the individual's ability to fulfill their duties and obligations.

   "Nominating Committee" means the nominating committee that is comprised of one member from each District as determined pursuant to subsection (g) of Section 2-80-070, to fill existing and anticipated vacancies on the Commission.

   "North Side" means the following Community Areas, as utilized by the U.S. Bureau of the Census, collectively: Community Area 1 (Rogers Park), Community Area 2 (West Ridge), Community Area 3 (Uptown), Community Area 4 (Lincoln Square), Community Area 5 (North Center), Community Area 6 (Lake View), Community Area 7 (Lincoln Park), Community Area 8 (Near North Side), Community Area 9 (Edison Park), Community Area 10 (Norwood Park), Community Area 11 (Jefferson Park), Community Area 12 (Forest Glen), Community Area 13 (North Park), Community Area 14 (Albany Park), Community Area 15 (Portage Park), Community Area 16 (Irving Park), Community Area 17 (Dunning), Community Area 18 (Montclare), Community Area 19 (Belmont Cragin), Community Area 20 (Hermosa), Community Area 21 (Avondale), Community Area 22 (Logan Square), Community Area 32 (Loop), Community Area 76 (O'Hare), and Community Area 77 (Edgewater).

   "Police Board" means the Police Board established in Chapter 2-84.

   "Policy" means any Department general order, COPA policy, or Police Board policy, to the extent that any said policy is not covered by or in the jurisdiction of the Consent Decree or otherwise identified by the U.S. District Court as falling within the scope of the Independent Monitor's mandate. "Policy" does not include the allocation or deployment of Department personnel or resources to address public safety or other matters affecting the day-to-day operation of the Department, COPA, or the Police Board.

   "Public Safety Inspector General" means the Deputy Inspector General for Public Safety established in Chapter 2-56.

   "South Side" means the following Community Areas, as utilized by the U.S. Bureau of the Census, collectively: Community Area 33 (Near South Side), Community Area 34 (Armour Square), Community Area 35 (Douglas), Community Area 36 (Oakland), Community Area 37 (Fuller Park), Community Area 38 (Grand Boulevard), Community Area 39 (Kenwood), Community Area 40 (Washington Park), Community Area 41 (Hyde Park), Community Area 42 (Woodlawn), Community Area 43 (South Shore), Community Area 44 (Chatham), Community Area 45 (Avalon Park), Community Area 46 (South Chicago), Community Area 47 (Burnside), Community Area 48 (Calumet Heights), Community Area 49 (Roseland), Community Area 50 (Pullman), Community Area 51 (South Deering), Community Area 52 (East Side), Community Area 53 (West Pullman), Community Area 54 (Riverdale), Community Area 55 (Hegewisch), Community Area 56 (Garfield Ridge), Community Area 57 (Archer Heights), Community Area 58 (Brighton Park), Community Area 59 (McKinley Park), Community Area 60 (Bridgeport), Community Area 61 (New City), Community Area 62 (West Elsdon), Community Area 63 (Gage Park), Community Area 64 (Clearing), Community Area 65 (West Lawn), Community Area 66 (Chicago Lawn), Community Area 67 (West Englewood), Community Area 68 (Englewood), Community Area 69 (Greater Grand Crossing), Community Area 70 (Ashburn), Community Area 71 (Auburn Gresham), Community Area 72 (Beverly), Community Area 73 (Washington Heights), Community Area 74 (Mount Greenwood), and Community Area 75 (Morgan Park).

   "Superintendent" means the Superintendent of Police.

   "West Side" means the following Community Areas, as utilized by the U.S. Bureau of the Census, collectively: Community Area 23 (Humboldt Park), Community Area 24 (West Town), Community Area 25 (Austin), Community Area 26 (West Garfield Park), Community Area 27 (East Garfield Park), Community Area 28 (Near West Side), Community Area 29 (North Lawndale), Community Area 30 (South Lawndale), and Community Area 31 (Lower West Side).

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

2-80-020 Community Commission for Public Safety and Accountability – Establishment.

   There is hereby established a commission to be known as the Community Commission for Public Safety and Accountability, which shall include Commissioners and non-voting staff, including an Executive Director, and such deputies, assistants, and other employees, as may be provided for in the annual appropriation ordinance, and as required to implement the Commission's powers and duties. The Commission will adopt rules and procedures for the conduct of its business, and may establish any committees deemed necessary for the conduct of its business. The Executive Director shall administer the affairs of the Commission, hire and supervise Commission staff, and exercise such additional powers as may be conferred by, and are within the jurisdiction of, the Commission and consistent with applicable law. The Mayor shall appoint the first Executive Director, who shall serve at the pleasure of the Commission established in Section 2-80-040(c)(4) or established pursuant to Section 2-80-040(d). Any subsequent Executive Director shall be appointed by, and serve at the pleasure of, the Commission.

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

2-80-030 Commission – Purpose.

   The purpose of the Commission is to:

   (1)   increase public safety;

   (2)   ensure that Department activities are directed toward maximizing public health and safety while minimizing any harm to City residents;

   (3)   build trust and improve interactions between and among the Department and the people it serves;

   (4)   ensure that Department policies and practices are rooted in community needs and public input;

   (5)   increase public support for Department policies and practices;

   (6)   ensure that Department resources are not used inefficiently to address public health or safety issues that other professionals are better equipped to address;

   (7)   encourage preventative, proactive, community-based, and evidence-based approaches to public safety;

   (8)   increase transparency and public input into Department operations, policies, and performance;

   (9)   provide the residents of every Chicago community with meaningful opportunities to shape Department policies and practices that affect their lives;

   (10)   help to bring the City into compliance with the Consent Decree as soon as is practicable;

   (11)   increase efficiency in the use of public safety resources; and

   (12)   increase public accountability of the Department, COPA, and the Police Board.

(Added Coun. J. 7-21-21, p. 33219, § 2; Amend Coun. J. 11-7-22, p. 54984, § 4)

2-80-040 Commission – Composition and qualifications.

   (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

   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)

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)