by Darryl Holliday

          COPA

Chief Administrator means the Chief Administrator of the Civilian Office of Police Accountability or the Chief Administrator’s designee.

Coercion means the use of improper or unlawful force or threats, express or implied, in order to compel a person to act against his or her will. As defined herein, “coercion” includes compelling a person to make statements.

Domestic violence means physical abuse (other than sexual abuse), harassment, stalking, intimidation or violations of orders of protection (or similar court orders) involving a sworn officer’s family or household member. As used in this definition, the term “family or household member” means spouses or former spouses; parents, children or stepchildren whether by blood or adoption; persons who share or formerly shared a common dwelling; persons who have or are alleged to have a child in common; or persons who have or have had a dating or engagement relationship.

Excessive force means a police officer’s application of force which, either because of the type of force employed, or the extent to which such force is employed, exceeds the force that reasonably appears to be necessary under all the circumstances surrounding the incident, including whether any use of force was appropriate.

Final report means the final report concerning an investigation conducted by the Office that is prepared after the conclusion of the process set forth in Section 2-78-130.

Military status has the meaning ascribed to the term in Section 2-160-020.

Office means the Civilian Office of Police Accountability established in this chapter. An Ordinance in Relation to Police Oversight Establishment of COPA and Public Safety Deputy.

Police Board means the Police Board established in Chapter 2-84 of this Code.

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

Superintendent means the Superintendent of Police or the Superintendent’s designee.

Verbal abuse means the use of oral or written remarks that are overtly insulting, mocking or belittling, directed at a person based upon the actual or perceived race, immigration status, color, gender, age, religion, ancestry, national origin, sexual orientation, disability, marital status, parental status, military discharge status, source of income, or gender identity or expression of that person. “Verbal abuse” shall also include any unwelcome sexual advances or requests for sexual favors.


CPAC

Coercion means the use of express or implied threats that put a person in immediate fear of the consequences in order to compel that person to act against his or her will.

Department means the Chicago Department of Police.

Police Board means the Police Board established by Chapter 2-84 of this code, as amended.

Superintendent means the Chicago Superintendent of Police or his designated representative.

Verbal abuse means the use of a remark which is overtly insulting, mocking or belittling directed at a person based upon the actual or perceived race, color, sex, religion, national origin, sexual orientation, or gender identity of that person.

Independent Police Review Authority means the Independent Police Review Authority established by Chapter 2-57 of this code, as amended.

 


FAIR COPS

Chief Executive means the superintendent of the department, the chief administrator of the independent police review authority, or the president of the police board.

Department means the Chicago Department of Police.

Deputy Inspector General means Deputy Inspector General for Police Functions.

Discipline Matrix means a standardized matrix which stipulates the minimum and maximum allowed disciplinary action for officer misconduct based on the type and level of misconduct as well as any mitigating or aggravating factors.

MCC means the Municipal Code of the City of Chicago. 

Police Board means the Police Board established by Chapter 2-84 of this code, as amended.

Superintendent means the superintendent of police or his designated representative.

 


ICPM

Independent Citizen Police Monitor (also referred to throughout this chapter as "Monitor"), which shall include the Chief Administrator of the Monitor and such deputies, assistants and other employees as required in order to ensure that the Monitor can exercise the duties described throughout this ordinance in a thorough, timely and unbiased manner.

Chief Administrator means the chief administrator of independent citizen police monitor or a designated representative.

Coercion means the use of express or implied threats that put a person in fear of the consequences in order to compel that person to act against his or her will.

Department means the Chicago department of police.

Police Board means the police board established by Chapter 2-84 of this code, as amended.

Superintendent means the superintendent of police or his or her designated representative.

Verbal abuse means the use of a remark which is overtly insulting, mocking or belittling directed at a person based upon the actual or perceived race, color, sex, religion, national origin, sexual orientation, disability, mental illness or gender identity of that person.

Excessive force means an officer's use of force against an individual, whether the officer was on duty or off duty, where, under the circumstances, the use of force or the extent of the force was unjustified.

Sexual misconduct means any form of unwelcome behavior of a sexual nature that is committed by a department member against a civilian. 

by Darryl Holliday

          COPA

Selection: Upon the effective date of the COPA Ordinance, the individual serving as the Chief Administrator of the Independent Police Review Authority (currently Sharon Fairley) shall become the first Chief Administrator of the Office. A successor selected by the Mayor and approved by the City Council will continue to serve as Chief Administrator of the Office until a permanent method of selecting the Office’s Chief Administrator is enacted by the City Council. The Chief Administrator will serve a term of four (4) years, and at the conclusion of such term may be considered for reappointment.

Pay: None Found

Selection of Investigators: None found

Restrictions: The Chief Administrator cannot be a current or former sworn employee of the Police Department, a non-sworn employee of the Police Department within the last five years, or an employee of the Cook County State’s Attorney’s Office within the last five years.


CPAC

Selection: CPAC will be elected by Police District and will have racially and ethnically equitable and proportional representation from each district—approximately 22 members in total.

Pay: CPAC will serve 4 year terms, and be paid the same as Aldermen. CPAC must be at least 18, have lived in the police district for 1 year, and maintain residence.

Selection of Investigators: Once elected, CPAC will employ deputies, assistants and other employees as allowed by the annual appropriation ordinance. Each district CPAC will have two deputies (also residents of the district) who can receive and register all complaints, conduct investigations, review Complaint Records from the Department of Law (EEO).

Restrictions: CPAC officers may not have previously been employed by the Department or the Cook County State's Attorney and should be diverse.


FAIR COPS

Selection: The Deputy Inspector General shall be the director of the Public Functions Office and will be appointed by the Inspector General using a process via selection committee made up of 5 individuals representing civil rights, activist and organizing groups.

Pay: None Found

Selection of Investigators: None Found

Restrictions: The Deputy Inspector General shall not be a current or former employee of the Department, Police Board, and Independent Police Review Authority.


ICPM

Selection: The Chief Administrator will be selected pursuant to 2-57-030. Selection committee will conduct a 90-day search. Candidates can't be former CPD or State's Attorney employees. The Chief Administrator then appoints a Director of Policy & Practice Analysis, Director of Community Engagement.

Pay: None found

Selection of Investigators: Investigators not have been employed by CPD or Cook County State's Attorney. Chief Administrator shall appoint staff sufficient to ensure that all civilian complaints are assigned a complaint support specialist. The Monitor's office must maintain at least one full-time investigator for every 100 sworn officers in CPD.

Restrictions: Investigators may not have been employed by CPD or Cook County State's Attorney and should be diverse.

by Darryl Holliday

              COPA

None Found


CPAC

Guarantees CPAC 1.5% of CDP's budget, insulating the CPAC budget from political fiat. Additionally, CPAC reviews, approves, submits CPD budget to City Council. 


FAIR COPS

Guarantees at least 1% of department budget appropriated by City Council.


ICPM

Guarantees Monitor 1.5% of CPD's budget, insulating the ICPM budget from political fiat. 

by Darryl Holliday

         COPA

Replaces IPRA, however the individual currently serving as the Chief Administrator of the Independent Police Review Authority (Sharon Fairley) will become the first Chief Administrator of the Office upon approval and effective start date of the COPA ordinance. Maintains the Chicago Police Board.


CPAC

Replaces both IPRA and CPB. 


FAIR COPS

Maintains IPRA and CPB.


ICPM

Replaces IPRA, maintains the CPB.

by Darryl Holliday

             COPA

The Chief Administrator will receive and register all complaints filed against members of the Police Department and develop and implement a process for allowing citizens to file complaints by various means, including submission of complaints using the Internet, by telephone, and at community meetings. The Administrator may refer a complaint against a member of the Police Department to mediation, except for complaints alleging the use of excessive force and cases of domestic violence.


CPAC

CPAC member districts will review and sign off on all complaint investigations, it would also appoint staff sufficient to ensure that all civilian complaints are assigned a complaint support specialist, who shall provide support to civilians throughout the complaint and investigative process. 

Affidavits: CPAC will not require civilian plaintiffs to submit a sworn complaint prior to launching an investigation.

Mediation: CPAC will have the authority to develop a mediation program, informed by national best practices that engage both complainants and accused police officers, aimed at resolving civilian complaints. No incident involving an allegation of use of force, sexual assault, rape, sexual misconduct, the discharge of a firearm, or the discharge of a stun gun, Taser or any other weapon police use to inflict pain and induce compliance will be mediated.


FAIR COPS

The Inspector General will audit the citizen complaint process, including, but not limited to, how the complaint process is publicized; how IPRA receives complaints; procedures by which the department's Internal Affairs Division and IPRA register and classify complaints; and analyzing patterns of complaints.

Affidavits: The Inspector General will oversee how the thoroughness of preliminary IPRA investigations prior to obtaining a sworn affidavit, if one is required by law.

Mediation: None Found


ICPM

The Chief Administrator will conduct investigations into incidents that include any complaint against members of the Chicago Police Department concerning domestic violence, excessive force, illegal search or seizure, false arrest, coercion, and verbal abuse, rape, sexual assault, sexual misconduct. First Amendment violations, denial of access to an attorney, phone, family member, or other visitor while in police custody, other Fifth Amendment violations, biased police practices, or unjustifiably killing or injuring an animal are also included under the ICPM.

The Chief Administrator can conduct CPD investigations even in the absence of a civilian complaint when the Chief Administrator determines such investigation is warranted

Affidavits: The Chief Administrator will not require that civilian plaintiffs to submit a sworn complaint prior to launching an investigation. 

Mediation: The Chief Administrator will have the authority to develop a mediation program, informed by national best practices that engage both complainants and accused police officers, aimed at resolving civilian complaints. No incident involving an allegation of use of force, sexual assault, rape, sexual misconduct, the discharge of a firearm, or the discharge of a stun gun, Taser or any other weapon police use to inflict pain and induce compliance will be mediated. 

by Darryl Holliday

              COPA

None Found


CPAC

CPAC will require at least full-time one investigator for every 100 sworn officers in CPD.


FAIR COPS

The Police Functions Office will have at least one full-time employee for every 250 sworn officers in the department. 


ICPM

The Chief Administrator will appoint staff sufficient to ensure that all civilian complaints are assigned a complaint support specialist. The Monitor's office must maintain at least one full-time investigator for every 100 sworn officers in CPD.

by Darryl Holliday

             COPA

The COPA ordinance calls for the creation of a new position—the Deputy Inspector General for Public Safety—who will review and audit the police department and the Chicago police board from within the Inspector General's Office. the Deputy Inspector General will produce an annual report that summarizes reviews and audits from the previous year.


CPAC

Empowers CPAC to facilitate mediation, restorative justice, station adjustments, awards, IA awards, random monitoring of vehicle surveillance recording, CPAC attendance.


FAIR COPS

The Inspector General will have expanded powers pertaining to the auditing and investigation of the Chicago Police Department, IPRA, and the Chicago Police Board.  


ICPM

Expands the Monitor's investigative jurisdiction to other forms of abuse, including sexual misconduct, false arrest and illegal searches and seizures, and denial of access to an attorney or phone. Empowers the Monitor to conduct investigations concurrently with any criminal investigation. Empowers the Monitor to enact information sharing agreements.

by Darryl Holliday

            COPA

Appointment: None Found.

Response Time: Superintendent must respond to COPA Chief Administrator recommendation within 90 days, including a 30-day "review period upon request, or the recommendation will be accepted.

Responsibility: The Superintendent’s response must include a confirmation that the recommendation was followed along with any disciplinary action, (2) a request that the Chief Administrator conduct additional investigation and the reasons for that request, or required information under subsection (a)(ii) if the Superintendent intends to take no action.

Final Decision: If Chief Administrator does not concur w/ Superintendent, a member of the Chicago Police Board will determine which recommendation prevails. The member panel shall recuse himself or herself from any future involvement with the case by the full Police Board.


CPAC

Appointment: CPAC appoints the Superintendent.
Response Time: Superintendent must respond to CPAC recommendation within 90 days, or else the recommendation will be deemed accepted.
Responsibility: Superintendent must describe any rejection or departure from the CPAC recommendation in writing and submit it to CPAC within 90 days, including an analysis of prior disciplinary actions or complaints, professional opinion, existence of lawsuits including those in which the employee has been exonerated, any evidentiary concerns.
Final Decision: If the Superintendent and the CPAC district panel fail to agree, it is referred to the CPAC, who's decision is final.


FAIR COPS

None Found


ICPM

Appointment: None found.
Response Time: Superintendent must respond within 14 days.
Responsibility: Superintendent must describe proposed different action if no or a lesser recommended action is taken. Description shall include analysis of employee's work history, Superintendent's professional opinion, existence of any lawsuits arising out of the performance of police duties to which the employee has been named a party, and any evidentiary concerns.
Final Decision: If Chief Administrator does not concur w/ Superintendent, Chief Administrator sends Superintendent's response with Chief Administrator's objections to separate panel of 3 persons designated by Chicago Police Board.

by Darryl Holliday

             COPA

The COPA Chief Administrator will not be a current or former sworn employee of the Police Department, a non-sworn employee of the Police Department within the last five years, or an employee of the Cook County State’s Attorney’s Office within the last five years. The Public Safety Deputy shall not be a current or former employee of the Police Department, the Independent Police Review Authority, the Civilian Office of Police Accountability, or the Police Board.


CPAC

Prohibits active-duty and retired law enforcement officers from serving on the CPAC. 


FAIR COPS

The Deputy Inspector General shall not be a current or former employee of the Department, Police Board, and Independent Police Review Authority. 


ICPM

Prohibits individuals formerly employed by CPD or State's Attorney from working in Monitor's Office. 

by Darryl Holliday

             COPA

The COPA office shall be located in a facility separate from the Police Department.


CPAC

Outside the Department of Police.


FAIR COPS

The office of the Police Functions shall be located in a facility outside of the Department, Police Board, and Independent Police Review Authority.


ICPM

Outside Department of Police.

by Darryl Holliday

             COPA

The COPA ordinance empowers the new position of Public Safety Deputy to address community groups and inform the public on the mission, policies and ongoing operations.


CPAC

Provides educational opportunities for CPAC to learn constitutional law, oversight techniques, sensitivity training, etc. Requires CPAC to update a complainant on the investigation if it does not conclude within six months. Empowers CPAC to facilitate mediation, restorative justice.


FAIR COPS

Policy recommendation(s) and departmental response(s) shall be published in a publicly accessible area of the Inspector General's website in the Inspector General's Quarterly Report. Resulting hearings will be open to public and must be publicized by the city no less than 14 days before the hearing. The hearing may include testimony from civilians, representatives of the Inspector General office, and representatives of the agency that rejected the recommendation.


ICPM

Director of Community Engagement disseminates information on filing procedure, investigations, and know-your-rights training. Designates one full time employee to engage with communities in public education and feedback. Requires a process for real time community feedback to the Monitor on the investigative process and a public report on that feedback. Requires the Monitor to respond to petitions for public hearings. Chief Administrator has authority to develop mediation program. Compels the Monitor to provide support services like regular updates to complainants, counseling complainants regarding the investigative process and outcomes, and providing referrals to outside service providers whenever necessary.

by Darryl Holliday

             COPA

Any employee or appointed officer of the City who doesn't cooperate with a COPA investigation will be subject to discipline, including but not limited to discharge.


CPAC

Any officer or employee who violates any provision shall be subject to discharge (or other discipline specified in collective bargaining agreement.) Obstruction by not complying with a subpoena fined at 1k$ - 5k$, or imprisonment 30 days - 6 months, or both. Each day is a separate offense. Any employee who violates any provision of the chapter shall be subject to discharge.


FAIR COPS

None Found


ICPM

Any officer or employee of the city that doesn't cooperate w/ Chief Administrator in any investigation or hearing shall be recommended for discharge. Retaliation can be punished by $5-10K fine for each violation and shall be immediately recommended for discharge. Obstruction by not complying with a subpoena or willfully failing to preserve evidence fined at $1-5k, or imprisonment 30 days-6 months or both. Each day is a separate offense. Any employee who violates any provision of the chapter shall be subject to discharge.

by Darryl Holliday

             COPA

The COPA Office and Chief Administrator may issue subpoenas to compel the attendance and testimony of witnesses and the production of documents and other items relevant to an investigation.


CPAC

Empowers CPAC deputies to administer oaths and subpoena attendance and testimony of witnesses, relevant books and papers, and to suspend the police powers of an officer involved in a shooting. Empowers CPAC to sit in on officer performance evaluations. Empowers CPAC to facilitate station adjustments, awards, IA awards, random monitoring of vehicle surveillance recording, CPAC attendance.


FAIR COPS

None Found


ICPM

Empowers the Monitor to compel prompt officer and witness statements, and to obtain relevant evidence. Compels the Monitor to recommend discharge for any officer who lies during an investigation or retaliates against any person who reports abuse.

by Darryl Holliday

              COPA

None Found


CPAC

If the officer may be removed, CPAC must advise officer in writing as to what specific improper or illegal act he or she is alleged to have committed. CPAC must advise officer in writing that his or her admissions made in the course of the hearing, interrogation or examination may be used as the basis for charges seeking his removal or discharge and CPAC must advise officer in writing that he has the right to counsel of his own choosing present to advise him at any hearing, interrogation or examination. Officers have the right to confront his or her accusers, and may cross-examine any witness giving evidence. CPAC must petition to convene a Grand Jury, if the officer has committed a crime. 


FAIR COPS

None Found


ICPM

None Found

by Darryl Holliday

              COPA

The Chief Administrator may recommend revisions to collective bargaining agreements.


CPAC

CPAC has the power to negotiate and approve contracts with the police unions.


FAIR COPS

None Found


ICPM

The City of Chicago shall not enter into any collective bargaining agreement that limits the duties or powers of the Monitor as set forth in this Act, unless such limitation is required to comply with existing federal or state law.

by Darryl Holliday

             COPA

The COPA Office will review and audit all sustained findings and disciplinary recommendations by the Police Department and the Office and the Police Board for the purpose of assessing trends, determining whether discipline is fairly applied and determining whether disciplinary recommendations are being carried out.


CPAC

CPAC will have the power and duty to analyze policing trends and patterns including but not limited to: officer use of force; police shootings; use of Tasers or any weapon used to inflict pain and/or to gain compliance; citizen complaint log numbers; and racial, ethnic, gender, sexuality, or geographic biases in policing. CPAC will appoint a full time employee as Director of Policy and Practice Analysis and Investigations to analyze policing trends and patterns related to the CPAC's investigative jurisdiction and to launch disciplinary investigations into Department members who may demonstrate a pattern of misconduct and/or non-compliance with Department policy.

 


FAIR COPS

The Inspector General will analyze policing trends and patterns, including but not limited to: officer use of force; officer-involved shootings; registered complaints against officers; and racial, ethnic, gender, sexuality, or geographic biases in policing.


ICPM

Designates one full time employee to serve as a director of pattern and practice investigations. Empowers the Monitor to identify and address systemic issues in CPD. Requires that the Monitor audit CPD body and car cameras to evaluate according to CPD police and investigate any potential violations captured on video.

by Darryl Holliday

            COPA

All final reports of the COPA Office will be posted on the Office’s website and open to public inspection with redactions according to the Illinois Freedom of Information Act and any other applicable law. Reports: a quarterly and annual report will be filed with the Mayor's Officer, the Superintendent, the Chairman of the City Council Committee on Public Safety and the office of the City Clerk.


CPAC

All CPAC hearings (currently the Chicago Police Board hearings) must be recorded. All summary reports of CPAC shall be open to public inspection, with redactions according to Freedom of Information Act, collective bargaining agreement, law.

Reports: quarterly reports shall be filed with City Clerk and legislative reference bureau and posted online indicating: number of investigations completed and pending, number of complaints not sustained and sustained, number of complaints filed against each (anonymous) officer in each district, district breakdown, number of referred complaints, and a demographic breakdown of complainants. 


FAIR COPS

All reports of the Police Functions Office shall be open to public inspection, with redactions according to Freedom of Information Act or other applicable law. All audits, associated data sets and policy recommendations from the Police Functions Office will be released publicly at the time of completion and will be published on the website of the Inspector General's office and remain available on the
Joint Committee of Budget & Government Operations and Public Safety website for at least 10 years from the date of publication.

Reports: The following reports and reviews will be published annually: Body cameras, contact cards, citizen complaints, misconduct investigations, police board, police reports, arrest reports, traffic stops, domestic violence and sexual assault, use of force.


ICPM

Requires the prompt release of video and other information in investigations including 911 calls, lab tests and police reports. Requires the Monitor to post online summary reports of completed investigations.

Reports: Requires the Monitor to post online annual reports. The annual report must include number of complaints received, number referred to internal affairs, number and type opened/completed/remain open/resolved by mediation, investigative outcomes, disciplinary recommendations, number of firearm discharges, number of non-firearm weapon discharges, demographic data, list of CPD members with more than 10 complaints filed against them within 5 years of reporting period. All investigations, audits, etc. conducted by the Monitor shall be released publicly at the time of completion and will be published on the website of the Monitor's office and remain available on the website permanently.