Here are the facts as you know them:
1. the complainant alleges the accused are two unknown (any gender)/(any race) officers
2. the alleged incident occurred in your district
3. the complainant is uncooperative and therefore you are unable to obtain the signed sworn affidavit.
I would say this scenario typifies 9 out 10 CL numbers that I have received.
You are left with no choice but to prepare your summary digest including 4-5 attachments showing your attempts to contact complainant. The investigation is "UNFOUNDED" due to the lack of cooperation from the complainant. You send it through and it is kicked back because they want to see what you have done to identify the accused.
This is in my opinion is a major problem.
(50 ILCS 725/3.8)(b) Anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit.
In other words if the complaint is NOT supported by a signed affidavit the complaint does not exist. If the complaint does not exist they why should the accused of a non complaint be identified?
AFFIDAVITS IN DISCIPLINARY
10. No officer will be required to answer any allegation
of misconduct unless it is supported by an
appropriate affidavit, except as specified in paragraphs
one through five above. In the event that
no affidavit is received within a reasonable time,
the investigation will be terminated and no record
of the complaint or investigation will appear
on the officer’s Disciplinary History.
According to the Department Advocate we must make every effort to identify the involved officers. The officers have no recourse because the allegation can not be investigated and they will have an "UNFOUNDED" disposition in their CR history. In the past that would have been acceptable, however the number of complaints against an officer in a period of time is the issue regardless of disposition. Officers are being placed in the BIS and despite what the Department says it is a form of discipline.
In the above scenario the investigating sergeant discovers by PCAD that officers made a traffic stop and our complainant was ticketed for no DL and no insurance. The complainant was placed in custody (TVB) and vehicle was searched before being towed.
Had the complainant signed the affidavit the officers would have been exonerated.
FOP and PBPA need to push to have all complaints administratively closed when they are not supported by affidavit whether the accused are named or not. Again according to 50 ILCS 725/3.8 (b) Anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit. It stands to reason that minus the affidavit the complaint does not exist.