Ms. Lydia Taylor
Executive Director
Justice Coalition of Greater Chicago
Suite 700
518 S. Michigan Avenue
Chicago, IL 60605
Reverend Calvin S. Morris
Executive Director
Community Renewal Society
Suite 700
618 5. Michigan Avenue
Chicago, IL 60605
Ms. Jane Ramsey
Executive Director
Jewish Council on Urban Affairs
Suite 700
618 5. Michigan Avenue
Chicago, IL 60605
RE: Justice Coalition of Greater Chicago’s (“Coalition”) proposed Rules for
Chicago Police Department (“Department”)
Dear Ms. Taylor, Rev. Morris, and Ms. Ramsey:
The Chicago Police Board (“Board”) has had an opportunity to review and discuss the Proposals contained in the Coalition’s February 23, 2001 proposed Rules. You can be assured that the ideas expressed in your Proposals were given the serious consideration they deserved. We share your desire to continually look for ways to improve relations between the Department and the People of the City of Chicago.
As you well know given the time consuming effort to conduct your own investigation, the issues you address in your proposals are of national significance and are not subject to quick and easy solutions. We are committed to giving these issues the thought, time, effort, and cooperation necessary to achieve lasting improvement. It is noteworthy that the Department is already involved in a number of initiatives that further the Proposals you have made. These efforts should be recognized as positive steps toward achieving the goals you espouse.
For our part, we will continue to work with the Department and responsible community groups like the
Coalition to achieve “an effective police force that is respectful and accountable” to the People of the City of Chicago. This letter is a formal response to the specific Proposals contained in the Coalition’s letter. In so responding, the Police Board does not necessarily agree with the comments submitted along with the Coalition’s Proposals and the Police Board withholds any position with respect to any such comments except as expressly stated in this letter.
1. Civilian Complainants Be Treated Equally With the Accused Officer.
The Police Board agrees with the Coalition that the testimony and statements of civilian complainants and accused officers should be treated equally. The Police Board does not automatically accept an accused officer’s testimony over that of a citizen complainant and no presumptions are made in favor of the accuracy of an accused officer’s side of the story. The Police Board makes a great effort to objectively review the evidence from both sides in each case to reach a fair and just result.
2. Consideration of Substance and Pattern of Complaints.
The Police Board agrees with the substance of this Coalition Proposal. For many years it has been the Police Board’s practice to routinely review prior disciplinary action that has been taken against an accused officer in connection with its decision as to the appropriate penalty to be imposed. The Police Board also notes that the Department already has gone a long way toward achieving the substantive goal of this Proposal by negotiating a change in the FOP contract to allow “information contained in files alleging excessive force or criminal conduct which are not sustained” to be used in future proceedings. This proposed FOP contract language is a significant step toward achieving the Coalition’s goal as identified in this Proposal.
3. Elimination of Lengthy and Duplicative Steps in the Disciplinary Process.
The Police Board recognizes that the current disciplinary process involves several overlapping steps that may impede the timely resolution of cases. The Board also recognizes, as does the Coalition, that the steps involved in the disciplinary process are subject to collective bargaining. However, the Police Board is encouraged by the Department’s efforts to negotiate limitations on the availability of the Complaint Review Panel process in the new FOP contract and suggests that the Department consider additional methods of accomplishing the substance of the Coalition Proposal by streamlining the Command Channel Review and Complaint Review Panel procedures.
4. Supervisorv Involvement in Disciplinary Matters.
The Police Board agrees that it is desirable for supervisors to be involved in the disciplinary process. It is obvious from the Department’s response to the Coalition’s proposals that Departmental supervisors are expected to be aware of their role in the disciplinary process and may not turn a blind eye to the disciplinary records of their subordinates. The Police Board recommends that the Department take steps to clarify and strengthen the role of supervisory personnel in the disciplinary process.
5. ‘Use of Force” and “Search and Seizure” Reports.
The Police Board notes that the Department has convened a Use of Force Committee to consider the very issues raised by the Coalition in this Proposal. The Police Board encourages the Use of Force Committee to consider the suggestions of the Coalition as it reviews policies, procedures, and reporting practices nationwide to implement best practices.
6. Field Contact Cards or Reports
The Police Board wholeheartedly supports the Department’s stand against racial profiling as is set forth in General Order 01-04, entitled “General Prohibitions Against Racial Profiling and Other Bias Policing,” which became effective on April 27, 2001. The Police Board encourages the Department to develop mechanisms that are capable of identifying violations of the General Order and to take aggressive action in response to such violations when they occur. Whether data collection by the use of contact cards is the optimum method of tracking racial profiling is the subject of substantial discussion among governmental bodies, law enforcement agencies, and community groups across the country. The Police Board understands that legislation designed to assess the utility of racial profiling data collection initiatives was proposed by Illinois Attorney General Jim Ryan and is currently pending in the Illinois General Assembly. That legislation has the support of the Department and the Illinois Association of Chiefs of Police. The Police Board encourages the Department to monitor the progress of that legislation and efforts nationwide to gather and analyze information about the use of contact cards and other data collection initiatives so that it can make an informed decision for the development of an effective and useful mechanism to identify racial profiling violations.
7. Early Warning Systems for Potential Disciplinary Problems.
The Police Board recognizes the importance of an effective early warning system to identify and remedy potential disciplinary problems. The Police Board supports the Department’s efforts to create such a system in the form of its Behavioral Intervention System and Personnel Concerns Program. However, the Police Board recognizes that this effort is a work in progress and recommends that the Department consider additional methods of developing an ‘effective and automated early warning system to enhance its current program.
8. Reoorting of Misconduct
The Police Board agrees that the Department must be committed to protecting officers who perform their duty to report misconduct. The Police Board understands that officers are not only encouraged, they are obligated, to report misconduct.
9. Anonymous Complaints
It is the Board’s understanding that anonymous complaints of a criminal nature already are accepted and thoroughly investigated by the Department. As a result, anonymous complaints involving excessive force and other serious misconduct already are accepted and investigated and will always be the subject of an investigation.
10. Disciplinary Records
The period of time the Department is required to retain disciplinary records is the subject of collective bargaining and the FOP contract. However, the Police Board recognizes that the Department already has made an effort in its labor contract negotiations to extend the time period in which it may retain and use not sustained files alleging criminal conduct or excessive force.
11. Statute of Limitations on Misconduct Complaints.
The Police Board notes that the statute of limitations for disciplinary charges based on allegations of unreasonable force by a police officer is set by state statute. According to the applicable Illinois Statute, any such charge of unreasonable force must be brought within five years after the commission of the act upon which the charge is based.
12. Annual Reports and Other Statistics.
The Department and the Police Board already publish Annual Reports that summarize their activities and the Police Board reports statistics regarding its activities at each Police Board meeting. An annual report by the Office of Professional Standards is soon to be published. The Police Board recommends that the Department review the current reporting procedures to determine whether additional more frequent reports providing statistical information on OPS and IAD investigations would be feasible.
In conclusion, the Police Board, recognizes the importance of the issues raised by the Coalition and shares the Coalition’s overriding goal. While we may debate some of the specific methods suggested by the Coalition to accomplish those goals, the Police Board is encouraged by efforts the Department had already taken on its own to implement some of the specific suggestions made by the Coalition. The Police Board requests that the Coalition continue to work with the Department to achieve the goals espoused in its letter. You can be assured that the Police Board will continue to review and discuss the issues and Proposals made by the Coalition in an ongoing effort to improve the relationship between the Department and the People of the City of Chicago.
Sincerely yours,
Demetrius E. Carney
President
Chicago Police Board
DEC cod