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* The CPD rules are here. Chicago OIG…
The City of Chicago Office of Inspector General (OIG) has published the results of its inquiry into the enforcement of the Chicago Police Department’s (CPD) Rules 21 and 22, which require members to report any information concerning misconduct committed by other members. OIG’s inquiry was mandated by the consent decree entered in Illinois v. Chicago.
OIG found that, while both CPD policies and the consent decree recognize that CPD members may face retaliation for reporting misconduct and require the availability of anonymous reporting mechanisms to protect reporting members, those same sources of authority simultaneously provide that anonymous reports do not satisfy members’ duty to report. Consequently, CPD members are currently operating under two sets of policies at odds with one another—one that ostensibly allows them to report misconduct in a myriad of ways, and another that invalidates any reporting done outside CPD’s chain of command.
An anonymous but verified reporting system created by OIG in 2017 permits members to make anonymous complaints for which they receive a tracking number, permitting them to prove their compliance with the duty to report if necessary. Despite recognition by the Independent Monitoring Team that such a system may suffice to permit anonymous complaints to satisfy members’ duties pursuant to Rules 21 and 22, CPD has done little to support or promote use of this tool or any like it.
“The so-called ‘code of silence’ which has, historically, protected CPD members from appropriate accountability for misconduct has no place in the CPD of today or tomorrow. That there is a duty to report misconduct on CPD’s books has been insufficient to prevent or eliminate the code of silence; to leave it behind us, the rules setting out the duty to report misconduct must be meaningfully, thoroughly, and thoughtfully enforced,” said Deborah Witzburg, Inspector General for the City of Chicago. “Critically, we must provide a mechanism to allow CPD members to fulfill their duty while protecting them from risk of retaliation for doing so.”
* From the OIG report’s conclusion…
The 2017 U.S. Department of Justice report found that “given the code of silence within CPD and a potential fear of retaliation, there are valid reasons a complainant may seek to report police misconduct anonymously, particularly if the complainant is a fellow officer.”98 CPD’s Rules and Regulations include requirements for members to report misconduct, and the Department advises members of their duty to report misconduct and criminal actions as they go through basic recruit training. However, the current guidelines, which require members to report most misconduct through their chain of command, leave members vulnerable to retaliation or censure. Given the importance of holding members accountable for misconduct, CPD should work to ensure members are aware of and can fulfill their reporting duties using the full spectrum of reporting options available to them. Additionally, COPA and CPD’s BIA should consistently pursue Rules 21 or 22 violations, as applicable, so as not to preclude any thorough analysis of patterns in the frequency of these rule violations not only across the Department but also within an individual member’s disciplinary history.
That there is a duty to report misconduct on CPD’s books has been insufficient to prevent or eliminate a “code of silence.” The rules setting out that duty must be meaningfully, thoroughly, and thoughtfully enforced
posted by Rich Miller
Thursday, Aug 3, 23 @ 11:11 am
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their entire system for handling misconduct is confusing. multiple levels, lack of accountability because it takes too long to resolve cases, lack of ability to change systems in light of case examples. cloud hangs over anyone charged and things take too long to clear up. news accounts say X # of misconduct allegations when some are super serious and others minor. it’s ridiculous. in the outside criminal justice adult world there are misdemeanors and felonies. all of the mess provides ample opportunity for the anonymity of someone being violated.
Comment by Amalia Thursday, Aug 3, 23 @ 11:50 am
The IG continues to perform independent, honest, valuable work.
Comment by Keyrock Thursday, Aug 3, 23 @ 1:27 pm