April 18, 2001

         Lydia Taylor

         Justice Coalition of Greater Chicago

         618 South Michigan Avenue

         Chicago, Illinois 60605

         Dear Ms. Taylor:

         Thank you for your sincere interest in the proper administration of the Chicago Police Department. It is clear that much thought and effort was expended in creating your “Twelve-Point Initiative.”

However, there are many disagreements noted with a number of the underlying premises in your communication. For instance, the Chicago Police Department does not "lack many of the basic tools to identify, monitor, punish and prevent misconduct. . . . " Nor does it have recurrent abuses due to an inadequate disciplinary system. Furthermore, there are no "institutional barriers" that impede or prevent the identification and discipline of "rogue" police officers.

I am not alone in my sentiments. In a recent opinion in a federal civil rights case brought by the People’s Law Office, United States District Court Judge Coar rejected the implication that there is a generalized custom of failing to discipline officers’ misconduct or assigning, evaluating, or promoting them without respect to their misconduct. Additionally, he decided that there was no evidence that this Department’s disciplinary or monitoring system caused any constitutional injury.

While there is disagreement with many of your premises, there is agreement that we must continually seek improvement in our administrative and operational functions. Listed below is a very preliminary review of the proposal. The Coalition’s proposals were formulated over a 24-month period. This review was done in a one month time period in order to provide a response before the next regularly scheduled Police Board meeting. The following is a point-by-point response.

1. Citizen complainants shall be treated equally with the accused officers.

              The Department has one objective when conducting its internal investigations - the truth. The Office of Professional Standards and the Internal Affairs Division are committed to investigating complaints as thoroughly and professionally as possible.

                   Police officers are compelled to give statements in internal investigations - citizens are not. Police officers face internal consequences for failing to answer questions - citizens do not. The Department does not have a policy favoring an officer’s statement over the statement of a citizen. The Department does, however, have a burden to prove allegations to a legal standard.

2. OPS and IAD shall consider the Substance and Pattern of Citizen Complaints of

                 Officer Misconduct.

                   The Department took the lead on this issue and negotiated a change in the collective bargaining agreement between the City and the Fraternal Order of Police (FOP) permitting some use of information contained in prior "not-sustained" investigations. The FOP membership rejected the contract and this proposal will be the subject of interest arbitration.

3. Elimination of Lengthy and Duplicative Steps in the Disciplinary Process.

                 The investigative, review and appeal process as a whole can at times be lengthy. Investigative length is often the function of a case's complexity and the Department’s unwavering commitment to a complete and thorough investigation.

                 The Superintendent expressed a desire to streamline the review and appeal process and directed his staff to examine the process. The examination is and has been underway. The department successfully negotiated some changes to the appeal process with the FOP. As stated before, the FOP membership rejected the contract and this issue will be the subject of interest arbitration.

4. Immediate Supervisors Shall Have Responsibility for Discussing all Disciplinary

                 Comp1aints against Their Subordinates with their Subordinates and Recommend

                 Additional Monitoring, Counseling and/or Training When Appropriate.

                 Department supervisors are held accountable for the actions of their subordinates. Any supervisor who asserts a total lack of knowledge regarding their subordinates is not properly performing.

                 Each and every sworn promotion is accompanied by a course of instruction in the academy. Each and every promotional course includes instruction with respect to disciplinary procedures and policies and their personal role in carrying out this responsibility. The Department also offers a continuing education class on this topic.

                 Whenever a Department member is suspended, the member’s name, rank, misconduct and penalty are published and disseminated Department wide.

5. Creation of Use of Force and Search and Seizure Reports.

              The Department currently uses a strip search report and has comprehensive reporting arid approval procedures in place. A body cavity search is never authorized absent a judge’s approval on a search warrant.

              Last quarter, the Superintendent convened a Use of Force Committee to review the Department’s Use of Force policies arid procedures. This committee is reviewing the policies and procedures of other major urban law enforcement agencies in order to implement “best practice.”

6. Implementation and Mandatory Use of Field Contact Cards or Reports.

              “Racial profiling” is riot and will never be a law enforcement tactic of the Chicago Police Department. There is much debate regarding the costs and benefits of collecting data. The Department is engaged in discussion with elected representatives and the Illinois Local Governmental Law Enforcement Officers Training Board regarding this complex issue. The Department will be issuing a General Order which prohibits any form of “biased” enforcement, including “racial profiling”. Additionally, the Department is monitoring other developments in this area and in police departments across the county.

7. Creation of an Effective and Automated Early Warning System.

              The Department agrees with the premise that the overwhelming majority of our members are good police officers. Early Warning Systems are designed to identify and assist the few officers whose behavior may be deficient. The Department has two effective Early Warning Systems in place - the Behavioral Intervention System and the more stringent Personnel Concerns Program. The Department is aware that other jurisdictions have enhanced their Early Warning Systems. Further review of their systems is being conducted in search of best practice.

              In addition, the Department just commenced two new training courses. One course is for officers identified by our Behavioral Intervention System or Personnel Concerns programs. The other course is for officers who have been involved in shooting incidents.

8. Police officers who provide information about the wrongdoing of other officers

              shall be protected from reprisals.

              Sworn police officers have a fundamental duty to report misconduct whenever and wherever they see it. The Department forbids officers from accepting rewards or gratuities for meeting their obligations. Consequently, the Department would oppose any change in that basic tenet. The Department is committed to protecting those officers who perform their duty and report misconduct.

9. OPS and IAD accept anonymous complaints.

              The Chicago Police Department prides itself on having one of the most open complaint systems in the country. No person seeking to complain is turned away. Complaints can be made in person, via telephone or mail to any police officer at any police facility.

              Anonymous complaints of a criminal nature are also accepted and thoroughly investigated. Complaints of a non-criminal nature are not accepted anonymously, To do so would violate a city ordinance prohibiting the Department from accepting them. Nonetheless, information reported anonymously is not simply ignored. It is reviewed and depending on its nature further action may be taken.

10. Records of Disciplinary Complaints against officers and their dispositions should

              be maintained during and for at least three years following an officer’s

              employment.

              The Department’s current computerized disciplinary printout reflects an officer’s disciplinary record for the past five years. The Department successfully negotiated a provision extending the period two additional years for cases involving excessive force or criminal conduct. As stated before, the FOP membership rejected the contract and this issue will be the subject of interest arbitration.

11. Disciplinary Complaints Alleging Misconduct Toward Citizens Should Be

              Permitted to be Filed without a Statute of Limitations.

              The concept of a statute of limitations is one of the foundations of jurisprudence. Criminal, civil and administrative laws all recognize statutes of limitation. To eliminate the statute would be against public policy. In addition, there is an Illinois statute which specifically imposes a five year time limitation in which e charge of “unreasonable force” may be placed against an officer.

12. The Chicago Police Department Shall Produce Printed Annual

              Monthly Discipline and Field Contact Statistics Availab1e To Allow Public

              Monitoring and Analysis.

              The Chicago Police Department welcomes public monitoring and analysis. Your specific request for an annual report is already being met. The Department has been publishing an annual report for decades. In addition, the Police Board publishes its own report and later this year the Office of Professional Standards will begin issuing its own annual report.

              Finally, it is important to correct a potential misunderstanding regarding a United State’s Department of Justice publication entitled, Examples of Promising Police Practices and Police, Principles for Promoting Police Integrity that was referenced in your February 23rd letter. Your letter implied that the report was prepared by the Department of Justice specifically for the Chicago Police Department. As you know, this is not the case. The report addressed policing in general and not the Chicago Police Department in specifics. Regardless, many of the report’s policing recommendations are in effect in our Department. For example, most of the recommendations with regard to Complaint and Misconduct Investigations, Use of Force and Protecting Human Rights are already in place and have been in effect in the Chicago Police Department for years.

              In closing, your letter and proposals are appreciated, as well as the opportunity to continue the dialogue between your organization and the Department. After reviewing these comments and the Department of Justice report, hopefully you will agree that the Department exceeds the Department of Justice standards and that we already meet the broad majority of your concerns. I look forward to our future cooperation.

         Very truly yours,

         Karen Rowan

         General Counsel to the Superintendent