Today the mayor held a news conference announcing his plans to overhaul OPS. He wants OPS to be a separate department no longer answering to the superintendent. Who cares? As long as due process is afforded to the accused.
Our fear is that this will not be enough for the likes of Phleger and Hilliard and the rights of the accused will be diminished with time.
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17 comments:
I love that they keep using Abbate as the poster child for OPS reform. Why? It was an IAD investigation. It was a criminal act, not an act of police brutality. The official misconduct/bribery allegations are criminal as well. None of this has anything to do with OPS. Bar fights are not their area of investigation nor is police corruption. Th reason 99% of the allegations were not sustained in brutality cases is because 99% are complete fabrication or appropriate. In what world will it matter and stem corruption when the head of OPS will still report to the mayor. So when the copper with wack gets jammed up, it will still be filed in the circular file and when you and i do, we will still get fucked.
THE ENTIRE DEISCIPLINARY PROCESS IS A FARCE. THE POLICE BOARD IS 100% CLOUT, YOU ARE NOT JUDGED ON THE MERITS OF THE CASE BUT ON WHAT KIND OF PHONE CALLS ARE MADE TO THE BOARD MEMBERS. IF YOU DON'T HAVE A PHONE CALL YOU ARE COOKED.
WHO IS IAD ACOUNTABLE TO? THEIR LAZINESS AND LACK OF INVESTIGATIVE ABILITY HAS FUCKED MORE THAN ONE COPPER OUT OF HIS JOB.
will they arrest the people that lie on their affidavits????
Theycannot do a number of things without changing the orders and it must be in agreement with our contract.
1: They cannot order us to do anything. They are no longer a orat of the police department (will take a change of G.O---no big deal.) Because they are civilian and not a "member of a law enforcement agency "as defined by ILCS" we do not(by G.O) have to cooperate with their investigation. I believe our orders say that we will cooperate with any law enforcement agency in any investigation (even though our higher ups can plead the 5th.)
Second: If they have powers to subpeona you, then that would make it a civil or criminal trial. You do not have to answer questions regarding actions about your actions in anything outside of your employment. They will have to read you your criminal rights, not administrative, and then give you time to procure an attorney. I DO NOT CARE HOW INNOCENT YOU ARE: ALWAYS GET AN ATTORNEY AND DO NOT SAY ANYTHING UNLESS ORDERED TO BY AN EXEMPT.
If you feel that IAD has screwed you over take your case to the US Department of Justice, US Department of Labor, Illinois Department of Labor, Illinois Attorney General's Office and numerous nongovernmental agencies and organizations. IE: Better Government Association.
These steps will insure that you receive a fair and impartial review of what has transpired. You have rights just like an ordinary citizen and injustice and coverup will be EXPOSED.
It may take time to remediate but you will be made whole down the road. Not all attorneys dislike the police.
Anonymous said...
If you feel that IAD has screwed you over take your case to the US Department of Justice, US Department of Labor, Illinois Department of Labor, Illinois Attorney General's Office and numerous nongovernmental agencies and organizations. IE: Better Government Association.
These steps will insure that you receive a fair and impartial review of what has transpired. You have rights just like an ordinary citizen and injustice and coverup will be EXPOSED.
It may take time to remediate but you will be made whole down the road. Not all attorneys dislike the police.
Mon May 07, 06:07:00 PM
WRONG!!!You live in a dream world and are an obvious protector of THE LIE.Govt protects itself and all these hacks know each other at ther numerous functions,raffle ticket events and other BS gatherings.
The corruption is beyond the comprehension of the general public and these hacks know it.They know how to spin the system and the elite are untouchable.Corruption cannot police itself.
I have to agree that some attorneys like the police, but if given the choice, would they burn a copper in order to get a fee or would they take a pass on the case altogether?
During discovery, Magistrate Judge Keys ordered the City to provide a list of all Chicago police officers who has more than ten official complaints lodged against them in a five year period. Bond V. Utreras, 2006 WL 695447, at *1(N.D. Ill. March 10,2006). The City consequently produced documents(the “Repeater List”) containing the relevant officers’ names and unit of assignment. The Repeater List also contains, for each official investigation (“CR”) into the officers’ alleged misconduct within the five-year period, the CR’s identification number,dates of initiation and completion,investigatory outcome (“sustained,” “unsustained,” “unfounded,” or “exonerated”), and discipline imposed against the officer, if any,as a result of the investigation.
How does the city charge officers with official misconduct administratively and not criminally? Where is FOP/PBPA on this?
Rule No. 1 -violation of any law or ordinance, don't you have to commit a crime to be charged with said?
http://viewfromtheground.com/wp-content/media/petition/petition-to-intervene.pdf
This is what is coming, some has already been partially implemented by CPD:
THE JUSTICE COALITION OF GREATER CHICAGO’S PROPOSED MINIMUM RULES AND REGULATIONS NECESSARY TO CREATE AN EFFECTIVE CHICAGO POLICE DEPARTMENT DISCIPLINARY SYSTEM TO BE IMPLEMENTED BY NEW GENERAL ORDERS OF SUPERINTENDENT HILLARD
1. Civilian Complainants Be Treated Equally With the Accused Officer.
We propose and recommend that civilian complainants be treated equally with the officer complained of in that each shall be questioned in the same detail about the alleged conduct, the officer’s word shall not automatically be accepted over that of the civilian and reasons shall be given for sustaining or not sustaining all cases. Currently, complainants are questioned in detail while officers are frequently allowed vague “To-From” reports with general denials of wrongdoing.
2. Consideration of Substance and Patterns of Civilian Complaints of Officer Misconduct by OPS and IAD Investigators and Supervisors.
We further propose and recommend that the substance and patterns of all civilian complaints of police misconduct against an officer be considered by police disciplinary investigators, supervisors, and internal auditors, and that disciplinary complaints of misconduct be included in the periodic evaluations of officers, considered in promotion decisions and that nothing in the contract with the Fraternal Order of Police shall be interpreted to interfere with this.
3. Elimination of Lengthy and Duplicative Steps in the Disciplinary Process.
We further propose and recommend that the disciplinary process be streamlined from its current interminably lengthy and duplicative seven stage process to the following four stages:
1. Investigation, findings and disciplinary recommendation of OPS and IAD
investigators. (Supervising sergeants should be informed of CR investigations but should not do the investigating particularly in instances where the conduct complained of was carried out while they were supervising the officer.
2. Review and concurrence or nonconcurrence by OPS or IAD supervisors and administrative heads of the agencies.
3. Review of findings and recommendations by the Superintendent
4. Review of cases by the Police Board where discipline of more than five days is recommended.
Command Channel Review and the Complaint Review Panel allow review of OPS investigators and their supervisors’ decisions by regular Chicago Police Officers, who areallowed to make advisory opinions. These processes, one involving a review of the file and the other requiring an oral hearing unnecessarily delay the outcome of the disciplinary process and seldom provide new information. The old FOP contract which was supposed to expire on June 30, 1999 but is still in effect allows both the Complaint Review Panel and an additional grievance procedure after the rulings of the Superintendent or Police Board. The grievance procedure which begins with non-binding arbitration, has a huge backlog and substantially elongates the disciplinary process sometimes for years and all too frequently results in a reduction or reversal of the discipline previously mandated because of the backlog. Officers still have the right to challenge any disciplinary action in court. The CPD does not make available statistics on how many punishments are reversed or reduced through the grievance procedure thereby making evaluation of the frequency and severity of punishment in the current disciplinary process impossible.
4. Immediate Supervisors Have Responsibility for Discussing all Disciplinary Complaints with Their Subordinates and Recommending Additional Monitoring, Counseling, and/or Training When Appropriate.
Currently supervisors are excluded or exclude themselves from the disciplinary process and admit total lack of knowledge regarding civilians’ allegations of their subordinates’ wrongdoing.
5. Creation and Implementation of “use of force” and “search and seizure” reports.
We propose and recommend that the CPD develop and require all officers to complete written (a) “use of force” reports to be filled out by any CPD officer using type of force greater than escort and compliant cuffing and (b) “search and seizure” reports to be filled out when any CPD officer (1) performs a warrantless search (excluding searches incident to arrests, frisks, and pat-downs (2) performs a body cavity or strip search, or (3) conducts any warrantless seizure of property (excluding towing vehicles) and that these reports as well as all disciplinary complaints be routinely monitored by the CPD to determine abuses and patterns of abuses.
6. Implementation of Field Contact Cards or Reports for Traffic Stops and Investigative Stops Based on Suspicion of Criminal Activity Containing Race and Gender of Persons Stopped.
Currently Field contact cards are completed at the discretion of the officer, are only maintained for a limited period and are not monitored. The cards should be retained for 24 months and, in addition to the age, race and gender of the person stopped should include (a) the officer’s name, race, and badge number; (b) approximate time and location; (c) whether the stop involved a frisk or pat-down search; (d)any weapons, evidence or contraband found during the search; whether the individual involved was arrested or cited, and if so, the charges.
7. Creation Of An Effective and Automated Early Warning System
In order to produce an effective disciplinary system the Justice Coalition of Greater Chicago proposes and recommends that the CPD create an effective and automated Early Warning System. This must include a database that takes into account numbers and patterns of disciplinary complaints against each officer by citizens and police personnel, allegations of racial bias and domestic violence, civil actions against the CPD, use of force as documented in the “use of force” reports, illegal entries and searches as documented in the “search and seizure” reports as well as other reliable indicia of “at risk” officers and which recommends increased monitoring, supervision, and/or counseling of the officer when the threshold for triggering action by the Early Warning System is reached.
8. Police Officers Who Provide Information About Other Officers’ Wrongdoing be Protected From Reprisals
We further propose and recommend that police officers who provide information about other officers wrongdoing be given protection from reprisals and where necessary rewards for providing testimony concerning other officers wrongdoing by allowing transfers to other units and in some cases promotions. This is prohibited by the current F.O. P. contract and by City Ordinance which state “An officer under investigation shall not be threatened with transfer, dismissal, or disciplinary action (or promised a reward as an inducement to provide information relating to the incident under investigation or) for exercising any rights contained herein.”.
The anti-whistle blowing provision in the underlined portion above impedes investigation of police misconduct because officers who come forward with information against fellow officers in their unit cannot be protected from retaliation even with transfers. The underlined portion should be deleted. Investigators should be permitted to reward officers who risk personal harassment by disclosing other police officer’s misconduct and the promise of rewards is a necessary and effective tool in discovering and eliminating misconduct within any close association of people.
9. OPS AND IAD ACCEPT ANONYMOUS COMPLAINTS
We further propose and recommend that anonymous complaints of police abuse of citizens be accepted and the current ordinance prohibiting anonymous complaints except where criminal conduct is alleged be amended and the current similar provision in the F.O.P. be omitted from the future contract.
Ordinance ¶2-84-330 concerning the Department of Police entitled “conduct of disciplinary investigations”¶D. “No anonymous complaint made against an officer shall be made the subject of a complaint register investigation unless the allegation is of a criminal nature.”
Former FOP contract ¶6.1D “No anonymous complaint made against any officer shall be made the subject of a Complaint Register investigation unless the allegation is a violation of the Illinois Criminal Code”
These portions should be deleted because anonymous complaints are frequently what expose police corruption and wrongdoing and the determination of what is a complaint “of a criminal nature” is unclear and subject to abuse.
10. Records of Disciplinary Complaints Against Officers and Their Dispositions Should Be Maintained During and for Three Years Following an Officer’s Employment.
We further propose and recommend that records of disciplinary complaints by citizens and dispositions of these complaints be maintained during the employment history of the officer and for three years following in the event he/she may seek to resume employment. City Ordinance¶2-84-430 entitled “Complaints against police-Investigations” reads as follows:
All complaints of citizens regarding officers and members of the department
of police shall be investigated promptly and thoroughly. The substance of all
oral complaints and copies of written complaints and copies of written complaints received at the police stations, and by the various bureaus, divisions and sections of the service, shall be forwarded promptly to the superintendent of police.
The following amendment should be added to the above language.
“All complaints shall be maintained for the period of the complained of officer’s employment. All Findings of “sustained” shall remain in the officer’s disciplinary file.”
The first sentence is necessary to prevent the destruction of complaints from which patterns of police misconduct can be determined. The second is necessary for the same reason because currently under Section 8.4 of the FOP contract a Complaint Register with a finding of “Sustained-Violation noted, No disciplinary Action” is removed from the disciplinary file after one year. This allows an unlimited amount of unpunished misconduct and prevents the discovery of patterns of misconduct.
11. Disciplinary complaints alleging misconduct toward civilians should be permitted to be filed without a statute of limitations.
administration.
Let Cline deservedly take the heat and clear the air. Mayor Daley really has his hands full with the current CPD situation, he is afterall 100% accountable.
Sheri Mecklenburg bailed out fast, good indicator. City Hall now has eyes and ears in the Northern Illinois US Attorneys Office. I wonder how Patrick Fitzgerald feels about that one?
The big question is are they allowing Cline to stay until October to maximize his pension?
If he is only getting job offers from Cicero his reputation in law enforcement and credibility are shot. It is interesting how Sneed and Monique Bond are ever so slyly attempting to bolster it that faltering image of the LARGE MAN.
Locke Bowman and crew are demanding that the City council deny Mayor Daley's OPS proposal. This will be very interesting considering the new alignment created in the last election. Alderman are not stupid and don't want to jeopardize their luxurious seats.
The really funny thing is that they are focusing on OPS which only investigates immaterial noncriminal complaints.
The real work is done at the Internal Affairs Dept. as we know the infamous IAD. Nobody has even touched upon the investigative capabilities of IAD and the fact that they are not only a part of the CPD but within the Office of the Superintendent. IAD can kill an investigation as fast as it began if you are politically connected, if not you are doomed.
My take on the whole deal is that it is a smoke and mirrors ploy to make it look like the Mayor and the CPD are being reformed by moving OPS. Nothing will change you can bet on that.
There won't be any fairness and equality within the disciplinary process until the corruption is exposed and the public knows how it is delegated.
Will sergeants still have to handle the BS CR#'s???? If they do not have to, this policy might be a great change.
Tue May 08, 11:49:00 PM
I think that some of that BS has been implemented but that was written during Terry Hilliard's reign so I think most has faded into oblivion. I wouldn't worry about it. CPD is cyclical,it responds to media and liberal pressure and then reverts back to the way it has always been.
WRONG!!!You live in a dream world and are an obvious protector of THE LIE.Govt protects itself and all these hacks know each other at ther numerous functions,raffle ticket events and other BS gatherings.
The corruption is beyond the comprehension of the general public and these hacks know it.They know how to spin the system and the elite are untouchable.Corruption cannot police itself.
Tue May 08, 10:03:00 AM
I agree wholeheartedly, the system of corruption is almost beyond belief. If they want you gone, you are gone, goodluck getting back. They will pile lie upon lies to cover more lies. I have seen it.
Thank you for the link to the entire news conference.
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