Chicago Police DepartmentEmployee Resource E06-06
Personnel Concerns Program
Issue Date:30 November 2017Effective Date:30 November 2017
Rescinds:04 May 2005 Version
Index Category:Personnel Support
I.Purpose
This directive:
  • A.defines specific terms relating to the Personnel Concerns Program;
  • B.identifies Department policy pertaining to the Personnel Concerns Program;
  • C.continues general and specific responsibilities associated with the program; and
  • D.continues the use of the:
    • 1.Department’s Personnel Concerns Program.
    • 2.Personnel Concerns Progress Report (CPD-62.366).
    • 3.Individualized Performance Plan (IPP) (CPD-62.217).
  • E.satisfies CALEA Law Enforcement Standards Chapters 22, 26, and 35.
II.Policy
The Chicago Police Department values its employees. It also recognizes that Department members are subject to the frailties of humankind and that the problems of the human experience may negatively impact on work performance and expected conduct. Each member is responsible for his or her performance and behavior. Issues that affect a member’s ability to perform at an acceptable level or impact the Department’s ability to serve and protect must be recognized and confronted by management. Once recognized and confronted, it then becomes the individual member’s responsibility to change the subject behavior and the Department’s responsibility to assist in that change. If after assistance is provided the member chooses not to conform then the member must realize a possible consequence of that choice may be termination of employment.
III.General Information
The Personnel Concerns Program is a structured program of supervision designed to provide an Individualized Performance Plan (IPP) for an employee that has been identified as having difficulties that are affecting the member’s competency as an employee of the Department. The thrust of the Personnel Concerns Program is non-disciplinary. Through the Personnel Concerns Program, the Department attempts to intervene in an employee’s problems, behavior, or performance issues that without assistance may lead to severe disciplinary measures or separation from the Department.
IV.Placement into the Personnel Concerns Program
  • A.Written recommendations for placement into the Personnel Concerns Program will be made by the appropriate command staff member and others herein identified. This listing includes, but is not limited to, the subject member’s commanding officer; the Chief, Bureau of Internal Affairs; the Chief Administrator, Civilian Office of Police Accountability (COPA); the Administrator, Medical Services Section; Department-contracted psychologists; the Police Board; and the Executive Director of the Police Board. Personnel Concerns Program records are maintained separate and apart from Department disciplinary records.
  • B.Each recommendation for Personnel Concerns Program inclusion will be forwarded to the Director, Human Resources Division, and will specify the reasons for the recommendation.
    NOTE:
    The request for placement into the Personnel Concerns Program must be approved by the Director, Human Resources Division, prior to any unit staffing.
  • C.The following type of behavior or allegations must be considered for placement into the Personnel Concerns Program:
    • 1.all sustained excessive force Complaint Register investigations in that unnecessary physical force was used and separation from the Department is not recommended;
    • 2.four or more instances of “program eligible conduct” as defined in the Department directive titled “Nondisciplinary Intervention Program”;
    • 3.all sustained domestic violence Complaint Register investigations in that separation from the Department is not recommended;
    • 4.all sustained intoxication Complaint Register investigations, on or off duty, in that separation from the Department is not recommended;
    • 5.all sustained cases that a penalty of ten or more days, including options, has been recommended;
    • 6.five or more sustained Complaint Register investigations within the last five years;
    • 7.sworn members and civilian members that have received two performance grades of "Requires Improvement" performance evaluations within the past twelve months;
    • 8.one performance evaluation grade of "Unacceptable" for a sworn member or a civilian member;
    • 9.two summary punishment actions within one year for being absent without permission or one sustained Complaint Register investigation for being absent without permission;
    • 10.recommendation by Department-contracted or employed psychologist due to behavioral issues, medication, or psychological symptomology; or
    • 11.incidents for which the member has already received counseling as part of the Behavioral Intervention System (BIS) yet the member failed to comply with the Individualized Performance Plan (IPP) and did not change the subject behavior to the satisfaction of his or her commanding officer within twelve-months of being identified for the Behavioral Intervention System.
V.Responsibilities
  • A.Watch operations lieutenants will:
    • 1.monitor the performance of all employees under their command and make written recommendations, through channels, for the inclusion of specific employees in the Personnel Concerns Program when situations merit.
    • 2.participate in unit staffing that is convened by the commanding officer for the purpose of discussing the problematic behavior of the employee.
    • 3.gather and review all pertinent, recorded documentation. Documentation may include, but is not limited to, the member’s medical-use history, performance evaluations for the past five years, previous involvement in the Behavioral Intervention System, complimentary history, available disciplinary history, and unit documentation, especially past counseling records.
    • 4.discuss options and strategies that may assist the member in correcting the noted problems.
    • 5.be mindful that the focus of the Personnel Concerns Program is the correction of problematic behavior relating to performance and conduct. The final responsibility for behavioral change rests with the employee.
      NOTE:
      Managers and supervisors must remember that the Department cannot force a member to conform or perform. The choice to perform rests entirely with the member. Management is accountable for identifying members that are not performing and then hold these members accountable for their decision not to perform. Once a member is aware that his or her behavior or performance is unacceptable and that the Department is willing to help, it becomes the member’s complete responsibility to correct the identified problem. If the member does not alter his or her conduct or behavior, then the member is responsible for the consequences of his or her action or inaction.
    • 6.identify each role and responsibility that the participating watch operations lieutenant and watch supervisors should play to implement the strategy agreed upon in the unit staffing conference.
      NOTE:
      The entire watch supervisory staff will work together under one strategy to assist the member in the correction of the behavior or performance problem.
    • 7.develop an Individualized Performance Plan (IPP) at the unit staffing for each Personnel Concerns Program employee under their supervision and submit it to the Director, Human Resources Division, through the chain of command.
    • 8.present the Individualized Performance Plan (IPP) to the member, advising him or her of the pending enrollment, allow the member to review the Individualized Performance Plan (IPP) and write a response in the space provided.
    • 9.ask the member to sign the Individualized Performance Plan (IPP) as an indicator that the IPP was reviewed with the member and forward the IPP through the chain of command to the Performance Management Section, Human Resources Division.
    • 10.take corrective action to address the identified behavior. Such action may include, but not be limited to:
      • a.recommending placement in the Personnel Concerns Program;
      • b.consulting with the Performance Management Section, Human Resources Division;
      • c.requesting a mandatory physical;
      • d.requesting a Psychological Fitness for Duty Evaluation;
      • e.changing of a partner;
      • f.requesting the member to voluntarily participate in the Professional Counseling Services/Employee Assistance Program;
      • g.requesting the member be retrained in a certain area;
      • h.recommending that the member attend a stress reduction seminar;
      • i.recommending a change of unit duty assignment;
      • j.weekly performance reviews by supervisors;
      • k.assigning the employee to various supervisors for individual tours of duty;
      • l.requesting assistance from the Medical Services Section;
      • m.participating in daily conversations with the employee; or
      • n.conducting any combination of the above suggestions or any other appropriate strategy within the guidelines of Department directives and collective bargaining agreements.
    • 11.designate which supervisor(s) will submit the weekly reports.
      NOTE:
      The weekly watch level reports are not expected to be completed by just one watch supervisor; the concept of having only one Personnel Concerns sergeant for each member in the Personnel Concerns Program is discontinued. Weekly report writing is a watch “team” endeavor.
    • 12.prepare a Personnel Concerns Progress Report (CPD-62.366) twice each period based upon the weekly reports submitted by the designated supervisors.
    • 13.review the Personnel Concerns Progress Report summary with the member prior to forwarding it through the chain of command. The member must place his or her initials after the last sentence of the summary acknowledging he or she has reviewed the report.
    • 14.submit the completed Personnel Concerns Progress Report through the chain of command to the Director, Human Resources Division.
  • B.Commanding Officers will:
    • 1.recommend to the Director, Human Resources Division, that a member be placed in the Personnel Concerns Program when placement is warranted;
    • 2.upon learning that the Chief Administrator, Civilian Office of Police Accountability (COPA), or the Chief, Bureau of Internal Affairs, has recommended that a member in their command be placed into the Personnel Concerns Program, review the nature of the complaint (unless they are confidential CR allegations) and provide comments to the Director, Human Resources Division, if the command official believes placement is inappropriate;
    • 3.convene a unit staffing to develop the Individualized Performance Plan (IPP) once the Director, Human Resources Division, designates a member as a Personnel Concerns Program employee;
      NOTE:
      The unit staffing may be conducted immediately before or after the normally scheduled unit supervisory staff meeting.
    • 4.approve the Individualized Performance Plan (IPP); and
    • 5.participate, if available, in the Personnel Concerns Program conference held at the unit.
      NOTE:
      The Personnel Concerns Program employee will be required to attend this conference (overtime will be approved as necessary).
  • C.Human Resources Division
    The Human Resources Division will manage the Personnel Concerns Program. The Director, Human Resources Division, will:
    • 1.be the Department Personnel Concerns Program administrator that determines placement into and termination from the Personnel Concerns Program;
    • 2.determine the level of Department intervention that is appropriate for each member categorized as a personnel concern;
    • 3.provide the unit commanding officer with the necessary information and feedback about a Personnel Concerns Program employee;
    • 4.upon receipt of the Individualized Performance Plan (IPP), assign a member of the Performance Management Section to participate in the Personnel Concerns Program conferences;
    • 5.designate a member of the Performance Management Section to prepare the Individualized Performance Plan (IPP) for all Personnel Concerns Program employees that are categorized as an Intervention Level Two;
    • 6.order a mandatory physical and/or psychological examination to determine the presence of any medical reason for the member’s performance or behavioral problems, including urinalysis drug testing, when a member is enrolled in the Personal Concerns Program;
    • 7.be responsible for the confidentiality, security, and destruction of all records and reports pertaining to the Personnel Concerns Program employee as indicated by retention schedules; and
    • 8.manage and conduct a documented annual evaluation of the Behavioral Intervention System.
  • D.Bureau of Internal Affairs and Civilian Office of Police Accountability (COPA)
    The Chief, Bureau of Internal Affairs, and the Chief Administrator, Civilian Office of Police Accountability COPA), will independently review incoming and current complaint register cases to determine if the behavior of any accused Department member fits the criteria for inclusion in the Personnel Concerns Program. They will make written recommendations to the Director, Human Resources Division, as the situation warrants.
  • E.Personnel Concerns Program Department Members
    It is the responsibility of a Department member identified as Personnel Concerns Program employee to cooperate with Department officials attempting to assist them. Noncompliance with the Individualized Performance Plan (IPP) will subject the Personnel Concerns Program member to disciplinary action.
VI.Member's Recourse
A member that believes that he or she has been improperly placed in the Personnel Concerns Program will be afforded an opportunity to meet with the Director, Human Resources Division, or his or her designee. The member may request such a meeting by submitting a To-From-Subject report through channels to the Director, Human Resources Division, requesting a hearing. The hearing will not be conducted until both parts of the mandatory physical examination have been completed.
NOTE:
The subject meeting will not be adversarial. During this meeting, a member may elect to have the presence and assistance of a representative of his or her collective bargaining unit. Within one week of the hearing, the Director, Human Resources Division, will advise the affected member in writing of his or her decision regarding the members Personnel Concerns Program classification. Attendance at the hearing is voluntary. If the hearing is held during the member’s non-duty hours, the member will not be compensated.
(Items indicated by italic/double underline were added or revised)
Eddie T. Johnson
Superintendent of Police
17-098 JAB